Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation.

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1 Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation Bid Instructions Bidders are reminded that the sole point of contact concerning this Purchase is the Department of Transportation (MDOT) Buyer assigned to this project. The State, except through the Buyer, will not respond to telephone inquiries or requests concerning this solicitation by Bidders or their representatives. Any communication outside of this process may result in disqualification, debarment, or both. Only those communications made by the State in writing will be binding with respect to this ITB. The issuance of this solicitation, the receipt of bids, and the evaluation of bids does not bind or impose legal obligation upon the State or the supplier(s) in any way. The State may discontinue this process at any time for any or no reason. TO BE CONSIDERED FOR AWARD, THE FOLLOWING MUST ACCOMPANY THE BID: The bid must state how long it remains valid. This period must be at least 90 days from the due date for responses to this solicitation. The bid must specify lead time for delivery. The attached, signed, Signature Authority form (below) must be submitted. The bid must be submitted on the attached Pricing Proposal form. All bids must be F.O.B. Destination with transportation charges prepaid on the order. Other F.O.B. terms will not be accepted and shall disqualify a Bidder from further consideration. Bids (Proposals) must be received on-line only through the DTMB-Procurement Buy4Michigan Website ( before 3:00 PM on the due date specified on the cover page of this solicitation. Bidders are responsible for submitting their proposals on time. Proposals received by any other method than noted above, or are late, cannot be considered. Proposals that are received after the specified due date and time cannot be considered unless (a) all other bids received on time do not meet specifications, or (b) no other bids are received. Certifications and Representations must be completed on Page 1 of 13

2 Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation PLEASE NOTE THE FOLLOWING: Referenced brands and models, if any, are for the Bidder s reference. If a Bidder submits an alternate, the specifications must meet or exceed the specifications contained in this solicitation, and complete descriptive literature should be submitted with the Bidder s bid submittal. The State has the right to reject any alternate bids. This bid will be awarded to the bidder who best meets the specifications, as determined by MDOT, and offers the lowest price to the State. If you are using a Subcontractor or partnering with another company, it must be clearly explained which parties will perform what services and provide detailed information with respect to prior experience of each party (prime, subcontractor, partner) in providing the goods and services of similar size and scope as described in this solicitation. You must also detail any prior experience in partnering with subcontractors or partners (that you would work with in fulfilling the obligations of the resulting contract) on a particular project (one to two references providing the same bulleted information as listed above). If you do not have prior experience working with the proposed subcontractor and/or partner please make a statement with respect to the relationship. The State reserves the right to verify all information and perform additional reference checks regarding the Bidder's prior performance, including prior experiences not submitted as a response to this solicitation. If you or your company assisted with the development of the specifications found within this solicitation, you and your company are not eligible to bid on this solicitation. Complete descriptive literature should be submitted with the bid submission. Page 2 of 13

3 Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation SIGNATURE AUTHORITY I/We certify that the undersigned is authorized to submit bids/quotations on behalf of. The information provided about ability to provide the goods and/or services outlined in this solicitation document is true and accurate. I/We understand that our product and/or service offerings must be in compliance with all requirements of this solicitation document. Name of Bidder/Contractor/Supplier Address of Contractor/Supplier Telephone No. of Contractor/Supplier Fax No. of Contractor/Supplier Address of Contractor/Supplier _ Signature of Contractor/Supplier s Authorized Representative Title of Supplier Representative Date _ Additional Signature Contractor/Supplier s Authorized Representative Title of Supplier Representative Date Page 3 of 13

4 Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation Specifications ITB Due Date: August 29, 2013 Delivery Date for Goods: By September 23, 2013 Geophysical Survey Systems, Inc. (GSSI) StructureScan Mini 3D Ground Penetrating Radar System to include: Handheld data collection unit with 1600 MHz antenna and 3 dimensional data accusation and processing ability, built in survey wheel encoder, guidance laser and color display screen, two rechargeable batteries, dual battery charger, hand held strap, rugged shipping case, instructions, training video, and data collection grids. The entire system shall be covered by a minimum 2 year warranty. GSSI RADAN Analysis Package for StructureScan Mini. Software shall be compatible with the Windows 7 Enterprise operating system. It shall also be capable of processing and displaying 3 dimensional radar data To be considered for selection as the successful vendor, a vendor must be authorized by the equipment manufacturer to provide service and repairs during the warranty period, and must be authorized by the equipment manufacturer to provide technical guidance regarding the equipment and software. Are you the actual equipment manufacturer, or authorized by the equipment manufacturer to provide service and repairs during the warranty period? Are you the actual equipment manufacturer, or authorized by the equipment manufacturer to provide technical guidance regarding hardware and software? Yes No Yes No Page 4 of 13

5 Bid # B GSSI StructureScan Mini 3D Ground Penetrating Radar System Michigan Department of Transportation Bidder: PRICE PROPOSAL Description 1. GSSI StructureScan Mini 3D Ground Penetrating Radar System Quantity 1 Unit of Measure Unit Cost Extended Cost Each $ $ 2. GSSI RADAN Analysis Package for StructureScan Mini 1 Each $ $ Referenced Brand/Manufacturer: GSSI Model No.: FGSSMINI/3D & FGWINRAD7-SSMINI Bidder Manufacturer: All bids must be F.O.B. Destination with transportation charges prepaid on the order. Other F.O.B. terms will not be accepted and shall disqualify a Bidder from further consideration. Lead Time for Delivery: days Proposal is valid for: days. This period must be at least 90 days from the due date for responses to this ITB. This bid is model specific. No alternate bids will be accepted. Quick Payment Terms: The bidder must check one box below: [ ] The bidder will offer a quick payment discount of % off an invoice if paid within 15 Days (# of days may be changed) from the State's receipt of the invoice or delivery of the Deliverable(s), whichever is later. [ ] No quick payment discount will be offered. TOTAL BID AMOUNT $ Page 5 of 13

6 PURCHASE ORDER INSTRUCTIONS AND CONDITIONS 1. The State of Michigan is exempt from federal excise tax, State and local sales tax, and use tax and, such taxes shall not be included in the invoice. Sales to the State of Michigan are not exempt from the environmental protection regulatory fee imposed pursuant to Section 8 of Act 152 of the Public Acts of the State of Michigan of Submit two copies of your invoice to the "bill to" address as shown. Invoice must have either company name imprinted or a signature. Invoice must be in sufficient detail for comparison with this order. 3. Enter Federal identification number on the invoice. Use social security number if Federal ID does not apply. Failure to include one of these ID's on the invoice will delay payment until the ID number can be obtained. 4. Submit separate invoice for each shipment and/or order promptly upon shipment. 5. The purchase order number must be plainly noted on each invoice, on all packages and shipping tags, and on all correspondence pertaining to this order. 6. Packing list must be included with each shipment. 7. Questions regarding payment of this order should be directed to the purchase order "bill to" address. 8. All correspondence other than that regarding payment of invoice relating to this order is to be directed to the buyer. 9. This order is a confirmation of your recent quotation. 10. Cancellation of Contract (a) The State may cancel the Contract for default of the Contractor. Default is defined as the failure of the Contractor to fulfill the obligations of the quotation or Contract. In case of default by the Contractor, the State may immediately and/or upon 30 days prior written notice to the Contractor cancel the Contract without further liability to the State, its Departments, Divisions, Agencies, Sections, Commissions, Officers, Agents and Employees, and procure the products and/or services from other sources, and hold the Contractor responsible for any excess costs occasioned thereby; (b) The State may cancel the Contract in the event the State no longer needs the services or products specified in the Contract, or in the event program changes, changes in laws, rules or regulations, or relocation of offices occur, or if prices for additional services requested by the State are not acceptable to the State. The State may cancel the Contract without further liability to the State, its Departments, Divisions, Agencies, Sections, Commissions, Officers, Agents and Employees by giving the Contractor written notice of such cancellation 30 days prior to the date of cancellation; Page 6 of 13

7 (c) The State may cancel the Contract for lack of funding. The Contractor acknowledges that, if this Contract extends for several fiscal years, continuation of this Contract is subject to appropriation of funds for this project. If funds to enable the State to effect continued payment under this Contract are not appropriated or otherwise made available, the State shall have the right to terminate this Contract without penalty at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to the Contractor. The State shall give the Contractor written notice of such nonappropriation within 30 days after it receives notice of such non-appropriation; (d) The State may immediately cancel the Contract without further liability to the State, its Departments, Divisions, Agencies, Sections, Commissions, Officers, Agents and Employees if the Contractor, an Officer of the Contractor, or an owner of 25% or greater share of the Contractor, is convicted of a criminal offense incident to the application for or performance of a State, public or private Contract or sub-contract; or convicted of a criminal offense including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, attempting to influence a public employee to breach to ethical conduct standards for State of Michigan employees; convicted under State or federal antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State, reflects on the Contractor's business integrity; (e) The State may immediately cancel the Contract in whole or in part by giving notice of termination to the Contractor if any final administrative or judicial decision or adjudication disapproves a previously approved request for purchase of personal services pursuant to Constitution 1963, Article 11, Section 5, and Civil Service Rule 4-6; (f) The State may, with 30 days written notice to the Contractor, cancel the Contract in the event prices proposed for Contract modification/extension are unacceptable to the State. 11. All goods are subject to inspection and testing. In the event goods are defective in material or workmanship, or otherwise fail to meet the requirements of the purchase order, the State shall have the right to reject the goods or retain the goods and correct the defects. The Contractor shall pay the State for expenses incurred in correcting defects. Rejected goods will be held for 45 days after delivery. The Contractor must arrange for the return of said goods, including paying for handling, packing, and transportation costs. The State has the authority to dispose of the goods without further liability to the State in the event the Contractor fails to make such arrangements within the specified time period. 12. In the performance of any Contract or purchase order resulting herefrom, the Contractor agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital status, physical or mental handicap or disability. The Contractor further agrees that every sub-contract entered into for the performance of any Contract or purchase order resulting herefrom will contain a provision requiring non-discrimination in employment, as herein specified, binding upon each sub-contractor. This covenant is required pursuant to the Elliott Larsen Civil Rights Act, 1976 Public Act 453, as amended, MCL , et seq, and any breach thereof may be regarded as a material breach of the Contract or purchase order. Page 7 of 13

8 13. All Contracts or purchase orders issued shall be governed by, and construed in accordance with the laws of the State of Michigan. Any dispute arising herein shall be resolved in the State of Michigan. 14. For and in consideration of the opportunity to do business with the State of Michigan and other good and valuable consideration, the vendor hereby assigns, sells and transfers to the State of Michigan all rights, title and interest in and to all causes of action it may have under the antitrust laws of the United States or this State for price fixing, which causes of action have accrued prior to the date of payment and which relate solely to the particular goods, commodities, or services purchased or procured by this State pursuant to this transaction. 15. Pursuant to Act 278 of the Public Acts of the State of Michigan of 1980, the State shall not award a Contract or a sub-contract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled pursuant to Section 2 of the Act. A Contractor of the State, in relation to that Contract shall not enter into a Contract with a sub-contractor manufacturer, or supplier whose name appears in this register. The State may void a Contract if, subsequent to award of the Contract the name of the Contractor as an employer, or the name of sub-contractor, manufacturer, or supplier of the Contractor appears in this register. 16. Public Act 533 of 2004 requires that payments under this Contract be processed by electronic funds transfer (EFT). Contractor is required to register to receive payments by EFT at the Contract & Payment Express website ( 17. Public Act 279 of 1984 states that the State shall take all steps necessary to assure that payment for goods or services, is mailed within 45 days after receipt of the goods or services, a complete invoice for goods or services, or a complete Contract for goods or services, whichever is later. Contractor's Liability Insurance The Contractor is required to provide proof of the minimum levels of insurance coverage as indicated below. The purpose of this coverage shall be to protect the State from claims which may arise out of or result from the Contractor's performance of services under the terms of this Contract, whether such services are performed by the Contractor, or by any sub-contractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable. The Contractor waives all rights against the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees and agents for recovery of damages to the extent these damages are covered by the insurance policies the Contractor is required to maintain pursuant to this Contract. The Contractor also agrees to provide evidence that all applicable insurance policies contain a waiver of subrogation by the insurance company. All insurance coverage provided relative to this Contract/purchase order is primary and non-contributing to any comparable liability insurance (including self-insurances) carried by the State. Page 8 of 13

9 The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater. All deductible amounts for any of the required policies are subject to approval by the State. The State reserves the right to reject insurance written by an insurer the State deems unacceptable. Before the Contract is signed by both parties or before the purchase order is issued by the State, the Contractor must furnish to the Director of Procurement, Department of Technology, Management and Budget, certificate(s) of insurance verifying insurance coverage. The certificate must be on the standard "Accord" form. The Contract or purchase order number must be shown on the certificate of insurance to assure correct filing. All such certificate(s) are to be prepared and submitted by the insurance provider and not by the Contractor. All such certificate(s) shall contain a provision indicating that coverage afforded under the policies will not be cancelled, materially changed, or not renewed without thirty (30) days prior written notice, except for 10 days for non-payment of premium, having been given to the Director of Procurement, Department of Technology, Management and Budget. Such notice must include the Contract number affected and be mailed to: Director, Procurement, Department of Technology, Management and Budget, P.O. Box 30026, Lansing, Michigan The Contractor is required to provide the type and amount of insurance as indicated below: 1. Commercial general liability with the following minimum coverage: $2,000,000 general aggregate limit other than products/completed operations $2,000,000 products/completed operations aggregate limit $1,000,000 personal & advertising injury limit $1,000,000 each occurrence limit $500,000 fire damage limit (any one fire) The Contractor must list the State of Michigan, its Departments, Divisions, Agencies, Offices, Commissions, Officers, Employees and Agents as additional insured on the commercial general liability policy. 2. If a motor vehicle is used to provide services or products under this Contract, the Contractor must have vehicle liability insurance on any auto including owned, hired and non-owned vehicles used in Contractor's business for bodily injury and property damage as required by law. The Contractor must list the State of Michigan, its Departments, Divisions, Agencies, Offices, Commissions, Officers, Employees and Agents as additional insured on the vehicle liability policy 3. Workers' disability compensation, disability benefit or other similar employee benefit act with minimum statutory limits. Note: (1) if coverage is provided by a State fund or if Contractor Page 9 of 13

10 has qualified as a self-insurer, separate certification must be furnished that coverage is in the State fund or that Contractor has approval to be a self-insurer; (2) any citing of a policy of insurance must include a listing of the States where that policy's coverage is applicable; and (3) any policy of insurance must contain a provision or endorsement providing that the insurers' rights of subrogation are waived. This provision shall not be applicable where prohibited or limited by the laws of the jurisdiction in which the work is to be performed. 4. Employers liability insurance with the following minimum limits: $100,000 each accident $100,000 each employee by disease $500,000 aggregate disease Indemnification A. General Indemnification To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the State, its Departments, Divisions, Agencies, Sections, Commissions, Officers, Employees and Agents, from and against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with any of the following: 1. Any claim, demand, action, citation or legal proceeding against the State, its employees and agents arising out of or resulting from (1) the product provided or (2) performance of the work, duties, responsibilities, actions or omissions of the Contractor or any of its subcontractors under this Contract. 2. Any claim, demand, action, citation or legal proceeding against the State, its employees and agents arising out of or resulting from a breach by the Contractor of any representation or warranty made by the Contractor in the Contract. 3. Any claim, demand, action, citation or legal proceeding against the State, its employees and agents arising out of or related to occurrences that the Contractor is required to insure against as provided for in this Contract. 4. Any claim, demand, action, citation or legal proceeding against the State, its employees and agents arising out of or resulting from the death or bodily injury of any person, or the damage, loss or destruction of any real or tangible personal property, in connection with the performance of services by the Contractor, by any of its sub-contractors, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable; provided, however, that this indemnification shall not apply to the extent, if any, that such death, bodily injury or property damage is caused solely by the negligence or reckless or intentional wrongful conduct of the State; Page 10 of 13

11 5. Any claim, demand, action, citation or legal proceeding against the State, its employees and agents which results from an act or any of its sub-contractors in its or their capacity as an employer of a person. B. Patent/Copyright Infringement Indemnification To the fullest extent permitted by law, the Contractor shall Indemnify, defend, and hold harmless the State, its employees and agents from and against all losses, liabilities, damages (including taxes), and all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties) incurred in connection with any action or proceeding threatened or brought against the State to the extent that such action or proceeding is based on a claim that any piece of equipment, software, commodity or service supplied by the Contractor or its sub-contractors, or the operation of such equipment, software, commodity or service, or the use or reproduction of any documentation provided with such equipment, software, commodity or service infringes any united States or foreign patent, copyright, trade secret or other proprietary right of any person or entity, which right is enforceable under the laws of the united States. In addition, should the equipment, software, commodity, or service, or the operation thereof, become or in the Contractor's opinion be likely to become the subject of a claim of infringement, the Contractor shall at the Contractor's sole expense (i) procure for the State the right to continue using the equipment, software, commodity or service or, if such option is not reasonably available to the Contractor, (ii) replace or modify the same with equipment, software, commodity or service of equivalent function and performance so that it becomes non-infringing, or, if such option is not reasonably available to Contractor, (iii) accept its return by the State with appropriate credits to the State against the Contractor's charges and reimburse the State for any losses or costs incurred as a consequence of the State ceasing its use and returning it. C. Indemnification Obligation Not Limited In any and all claims against the State of Michigan, or any of its agents or employees, by any employee of the Contractor or any of its sub-contractors, the indemnification obligation under the Contract shall not be limited in any way by the amount or type of damages, compensation or benefits payable by or for the Contractor or any of its sub-contractors under worker's disability compensation acts, disability benefits acts, or other employee benefits acts. This indemnification clause is intended to be comprehensive. Any overlap in subclauses, or the fact that greater specificity is provided as to some categories of risk, is not intended to limit the scope of indemnification under any other subclause. D. Continuation of indemnification obligation The duty to indemnify will continue in full force and affect not-withstanding the expiration of early termination of the Contract with respect to any claims based on facts or conditions, which occurred prior to termination. Page 11 of 13

12 E. Reservations The State reserves the right to: (a) consider total cost of ownership in the final award recommendation (i.e. transition costs, training costs, etc.); (b) award by item or part of an item; (c) reject any proposals in whole or in part; (d) award multiple, optional-use contracts. The State may evaluate offers based on advantages and disadvantages that may result from making more than one award; (e) consider overall economic impact. This includes considering principal place of performance, number of Michigan citizens employed or potentially employed, money paid to Michigan residents, Michigan capital investments, etc; (f) award to another Bidder if the recommended Bidder does not accept the award; (g) give a preference for products manufactured or services offered by Michigan-based firms if all other things are equal and if consistent with federal statutes. (MCL ); (h) disqualify any bid based on the failure to complete the Certifications and Representations in the Bid4Michigan registration; and (i) disqualify any bid based on the information provided in the Certifications and Representations in the Bid4Michigan registration, responses from vendor references, and State of Michigan vendor performance reports. QUALIFIED DISABLED VETERAN: Qualified Disabled Veteran, as defined by Public Act 431 of 1984, means a business entity that is at least 51% owned by one or more veterans with a service-connected disability. The Act defines Service-Connected Disability as a disability incurred or aggravated in the line of active military, naval, or air service as defined in 38 USC 101 (16). The Bidder represents that it IS, IS NOT a disabled Veteran-owned business. The Bidder represents and warrants that the company meets the above criteria (when checked) and has provided the following supportive documentation: (a) (b) (c) Proof of service and conditions of discharge: DD214 or equivalent Proof of service-connected disability: DD214 if the disability was documented at discharge or Veterans Administration (VA) Rating Decision Letter or equivalent if the disability was documented after discharge Proof of Ownership: Appropriate legal documents setting forth the ownership of the business entity (Articles of incorporation or Articles of Organization) IMPORTANT NOTE TO BIDDERS: Self certification alone will not initiate the price preference cited in Section 3.032, Qualified Disabled Veteran Preference. In order to be considered for the pricing preference your self-certification must be accompanied by the qualifying documents listed above. The State reserves the right to request additional documents or clarifying information about the documentation submitted with the bid. Page 12 of 13

13 Loss of Preference: If during the term of the contract the contractor no longer qualifies for the preference, or if the contract is assigned to a business entity that does not qualify for the preference, they will be required to discount their contract price by the amount of the preference they received. Fraudulently representing information about the use of businesses owned by persons with disabilities to procure this contract is a violation of the Business Opportunity Act for Persons with Disabilities of 1988 PA 112, MCL A person who knowingly violates this act is guilty of a felony, punishable by imprisonment up to 2 years in prison, or a fine not less than $5,000. A person found guilty of violating this act may be barred from obtaining future contracts with the State. The bidder certifies that it is, is not an Iran linked business as defined in MCL Sign and return with your proposal. The above Terms and Conditions are accepted without exception: ; Bidders Signature Date The above Terms and Conditions are accepted with the following exceptions: ; Bidders Signature Date List specific exceptions below: Page 13 of 13