PRE-REGISTRATION FOR CONTRACTORS

WORK STATEMENT

BACKGROUND/PROBLEM STATEMENT

The State of Michigan, Department of Management and Budget, Purchasing Operations, is seeking to establish a list of pre-registered Contractors to provide energy audits or other energy conservation measures for various State Departments as well as MiDEAL members Pre-Registration does not guarantee a Contract with the State but rather pre-qualifies Contractors to bid on various energy performance contracting projects. Pre-Registration will be based on the Contractor’s response to the Statement of Qualifications (SOQ) as well as the Contractor’s agreement to the State’s terms and conditions. To becomepre-registered, vendors must agree to the State’s Terms and Conditions unconditionally. There will be no exceptions or negotiations. Failure to agree to the State’s Terms and Conditions will result in disqualification from the pre-registered program. All vendors must be pre-registered to participate, this includes vendors that may have or are working on a State contract.

OBJECTIVES

General:

The purpose of this project is to create a mechanism in which a range of qualified Contractors can review and bid on various energy contracting bids in a short period of time, thus providing maximum value to agencies of the State of Michigan. As a result of this solicitation, DMB will have access to a pool of pre-registered bidders available to provide quality energy audits orenergy performance contractsto various State of Michigan Departments and MiDEAL members.

REQUIREMENTS

The following is a preliminary listing of the requirements involved in developing the end products of this Pre-Registration. The Contractor is not, however, constrained from supplementing this listing with additional steps, subtasks, or elements deemed necessary to permit the development of alternative approaches.

  1. The Contractor shall be registered with the State of Michigan. Contractors may register on-line by going to click on Design and Construction to view current bids. Vendors are requested to register at
  1. Bidding Process
  2. Invitations to bid from Purchasing Operationswill be available on line. Vendors registered with Bidnet at wwwbid4michigan will receive notification of the solicitation on the website Price proposals on the various projects will be solicited from pre-registered vendors only.
  3. Specific price terms will be detailed in the RFP for each project.Projects using American Recovery and Reinvestment Act of 2009 Funds will be firm fixed priced.
  4. Bids will be awarded to pre-registered vendors based upon a three step process. Step 1 will consist of evaluation of Bidder’s Technical Proposal (Bidder’s must have a score of 80 (out of a possible 100) or above on their technical proposal in order to go on further in the process), Step 2 will consist of the Bidder’s financial terms (20 points possible). In this Step, proposals must responsibly maximize the net financial benefit to the State and responsibly minimize the risk of the State in connection with the proposed project(s). Bidders with the most beneficial Net Present Value in Step 2 will be considered for Step 3. Step 3 will consist of Contract Award and Lease/Purchase Agreement. After final selection has been made, the Contractor shall initially perform the ASHRAE Level II Study within 30 days. Based on the result the Contractor will resubmit in final form, the RFP Appendix A Forms (which contain the technical and financial terms of the proposed transition as a result of the Study. If the State agrees to the technical and financial terms of the Bidder’s final proposal, those terms will be incorporated in the contract and the contractor shall proceed to implement the recommended measures. If the State decides not to proceed on the basis of the Bidder’s final proposal within thirty State work days after submission of the final proposal, the agency will reimburse the contractor for the cost of the study.
  5. ALL AWARD DECISIONS ARE FINAL. NO PROTESTS OR APPEALS ARE ALLOWED.
  1. The Contractor shall adhere to the specifications detailed in the RFP.
  1. Contracts resulting from the bidding process shall be for various time periods that will be defined in each individual RFP.
  1. The Contractor agrees that the State may, upon 24-hour notice, perform an audit at Contractor’s location(s) to determine if the Contractor is complying with the requirements of the Contract. The Contractor agrees to cooperate with the State during the audit and produce all records and documentation that verifies compliance with the Contract requirements.
  1. Any issue of Contractor performance will be documented and discussed with the Contractor. The Contractor performance may affect any future awards and their status in the pre-registered program. Performance by pre-registered vendors will be continually evaluated by the State. Performance will be a factor in the award of any Contract and continued poor performance will be grounds for not awarding a Contract.
  1. Act Number 431 of the Public Acts of 1984 permits the State of Michigan, Department of Management and Budget, to provide purchasing services to any city, village, county, township, school district, intermediate school district, non profit hospital, institution of higher education, community, or junior college. As a result of the enactment of this legislation, the MIDEAL Program has been developed. This program extends the use of state contracts to program members. The governmental agency must enter into an agreement with the State of Michigan to become authorized to participate, thus ensuring that local units of government secure a greater return for the expenditure of public funds.

In those cases, contract vendors supply merchandise at the established State of Michigan contract prices and terms. The Bidder must submit invoices and pay the authorized MIDEAL member on a direct and individual basis according to contract terms.

IT IS MANDATORY THAT ALL CONTRACTS RESULTING FROM THIS RFP WILL BE MADE AVAILABLE TO ALL STATE OF MICHIGAN AGENCIES AND AUTHORIZED MIDEAL PURCHASING PROGRAM MEMBERS.

Please Visit Mi DEAL at under MiDEAL.

Estimated requirements for authorized local units of government are not included in the quantities shown in this RFP.

STATEMENT OF QUALIFICATIONS

NOTE: Pre-Registration does not guarantee a Contract with the State of Michigan but rather pre-qualifies the vendor to bid on various energy performance contracts that are covered by the work statement and terms and conditions. Pre-Registration will be based upon the Contractor’s response to this Statement of Qualifications and the Contractor’s agreement to the terms and conditions herein. PLEASE NOTE: Vendors will be required to provide a written statement within their response to this Pre-Registration that they agree with the State of Michigan terms and conditions unconditionally.Vendors who do not provide this written statement and/or requests changes to the State’s Terms and Conditions will not be eligible for prequalification. Vendors will receive a letter from the Department of Management and Budget (DMB), Purchasing Operations indicating their status in the pre-registered program. DMB, Purchasing Operations will notify pre-registered vendors the appropriate time to resubmit their SOQ.

The following information shall be included in all proposals. Bidders must respond to all sections of this Pre-Registration Bid. Failure to respond to every section in each category may result in non-approval for Pre-Registration. These factors will be used in evaluating each response to the solicitation. Proposals should be formatted to include each of the following sections, which should be clearly identified with the appropriate headings:

1.COMPANY INFORMATION/CAPABILITIES

Bidder to state the full name, address, telephone number, email address, and website of your organization and, if applicable, the branch office or other subordinate elements that will perform, or assist in performing, the work hereunder. Indicate whether it operates as an individual, partnership, or corporation; if as a corporation, include the State in which it is incorporated. If applicable, state whether it is licensed or registered to operate in the State of Michigan. In addition, please indicate the following:

  1. How long the company has been in business.
  2. Company sales volumes for the last five (5) years.

2.PRIOR EXPERIENCE

Indicate the prior experience of your firm which you consider relevant to your ability to successfully manage a contract for energy performance contracting as defined by this solicitation. Include sufficient detail to demonstrate the relevance of such experience. Proposals submitted should include, in this section, descriptions of qualifying experience to include project descriptions, costs, and starting and completion dates of projects successfully completed. Also, include the name, address and phone number of the responsible official of the client organization who may be contacted.

Bidders shall provide the names, address and phone number of three (3) specific references with their proposal. References may include State of Michigan facilities you currently provide services to. If you do not service any State of Michigan accounts provide your company’s three (3) major accounts. Include the name of your contact person and telephone number.

3.STAFFING

The contractor must be able to provide appropriate staff to properly service a State of Michigan contract.

Bidder shall discuss the key personnel that will be assigned to a State of Michigan contract; identify the key personnel by name and title; discuss their primary responsibilities; and indicate where these personnel will be physically located during the contract performance.

List all subcontractors, including firm name, address, contact person, and a complete description of the work to be contracted. Include descriptive information concerning subcontractor's organization and abilities. (please refer to Article 3.515)

Bidders shall describe your company’s staffing. In addition, if the bidder is a corporate chain, list the number of employees at the regional location.

Bidders shall have sufficient staffing to provide the levels of product quality, service, delivery and all other requirements outlined in this solicitation.

4.RESEARCH AND DEVELOPMENT

Bidder shall discuss their ability to invest in new developments and research to stay current with ongoing demands.

5.TRAINING

Vendors shall discuss their training capabilities and the training to be included in the Contract. The Contractor shall provide training to individual agencies, when necessary, on aspects of ordering, shipping, billing, and receiving. At the request of the Contract Compliance Inspector, the Contractor shall provide in-service training to agency personnel on products, installation, and product safety issues. The Contractor shall also provide agency training jointly with the State as needed during the period covered by the contract at no additional charge.

6.REPORTING

All contractors, sub-contractors employees, non-state employees will be required to have a lein clearance completed prior to that individual being allowed on State property. All employees will berequired to view film about working in a correctional facility. This will be discusses in further detail at each facility’s mandatory pre-bid meeting. Vendors shall discuss their capabilities related to generating reports as it relates to this contractual agreement. Contractor shall be able to provide various reports, when requested by the State. Examples include itemized report of total items (commodities) purchased by all agencies or individual agencies, open invoice reports, delivery compliance reports, quantity reports, service compliance reports, etc. The vendor shall include examples with their response and shall be identified as a report.

Usage Reporting

Vendors shall have the capability to report the Contract usage by State agencies and/or local units of government. Such usage shall be reported by item to the buyer in Purchasing Operations, Department of Management and Budget upon request.

7.SECURITY

The resulting Contract may require frequent deliveries or on-site service to State of Michigan Correctional Facilities. Vendors shall discuss in their responses all measures utilized by their firm to ensure the security and safety of these buildings. This shall include, but is not limited to, performance of security background checks on all personnel assigned to State of Michigan Facilities (i.e. delivery people) and how they are performed, what the security check consists of, the name of the company that performs the security checks, use of uniforms and ID badges, etc. If security background checks are performed on staff, vendors shall indicate the name of the company that performs the check as well as provide a document stating that each employee has satisfactorily completed a security check and is suitable for assignment to State Facilities. Upon request by the State, vendors shall provide the results of all security background checks.

Upon review of the security measures included in a vendor’s response and if that vendor is awarded a contract, the State will decide whether to issue State ID badges to the vendor’s delivery personnel or accept the ID badge issued to delivery personnel by the vendor.

The State may decide to also perform a security background check. If so, vendors will be required to provide to the State a list of all delivery people that will service State of Michigan Facilities, including name and date of birth (social security number or driver license number may also be required).

The Contractor and its subcontractors shall comply with the security access requirements of individual State Facilities.

8.CERTIFICATIONS AND REPRESENTATIONS

Those wanting to be considered for this Pre-Registration program, must complete vendor Certifications and Representations at If this information is not completed by the due date you will not be considered for Pre-Registration

  1. DELIVERY TERM

Delivery requirements will be detailed on the RFP for each project.

1

In order to become prequalified with the State of Michigan, Contractor shall agree to the following terms and conditions:

Article 2, Terms and Conditions

2.000Contract Structure and Term

2.001Contract Term

This Contract is for a period of ( ) years beginning (insert start date) through (insert end date). All outstanding Purchase Orders must also expire upon the termination (cancellation for any of the reasons listed in Section 2.130) of the Contract, unless otherwise extended under the Contract. Absent an early termination for any reason, Purchase Orders issued but not expired, by the end of the Contract’s stated term, will remain in effect for the balance of the fiscal year for which they were issued.

2.002Renewal(s)

This Contract may be renewed in writing by mutual agreement of the parties not less than 30 days before its expiration. The Contract may be renewed for up to ## additional ## year periods.

2.003Legal Effect

Contractor shall show acceptance of this Contract by signing two copies of the Contract and returning them to the Contract Administrator. The Contractor shall not proceed with the performance of the work to be done under the Contract, including the purchase of necessary materials, until both parties have signed the Contract to show acceptance of its terms, and the Contractor receives a contract release/purchase order that authorizes and defines specific performance requirements.

Except as otherwise agreed in writing by the parties, the State assumes no liability for costs incurred by Contractor or payment under this Contract, until Contractor is notified in writing that this Contract (or Change Order) has been approved by the State Administrative Board (if required), approved and signed by all the parties, and a Purchase Order against the Contract has been issued.

2.004Attachments & Exhibits

All Attachments and Exhibits affixed to any and all Statement(s) of Work, or appended to or referencing this Contract, are incorporated in their entirety and form part of this Contract.

2.005Ordering

The State will issue a written Purchase Order, Blanket Purchase Order, Direct Voucher or Procurement Card Order, which must be approved by the Contract Administrator or the Contract Administrator's designee, to order any Services/Deliverables under this Contract. All orders are subject to the terms and conditions of this Contract. No additional terms and conditions contained on either a Purchase Order or Blanket Purchase Order apply unless they are also specifically contained in that Purchase Order's or Blanket Purchase Order's accompanying Statement of Work.

2.006Order of Precedence

(a)The Contract, including any Statements of Work and Exhibits, to the extent not contrary to the Contract, each of which is incorporated for all purposes, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, whether written or oral, with respect to the subject matter and as additional terms and conditions on the purchase order must apply as limited by Section 2.005.

(b)In the event of any inconsistency between the terms of the Contract and a Statement of Work, the terms of the Statement of Work will take precedence (as to that Statement of Work only); provided, however, that a Statement of Work may not modify or amend the terms of the Contract, which may be modified or amended only by a formal Contract amendment.