03 RFP 28426-CT.pdf

REQUEST FOR PROPOSAL

Hazardous Waste Services

28426-CT

Issued Date: June 7, 2024

Responses Due: July 23, 2024 2:00PM CT

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Table of Contents

1 GENERAL INFORMATION

1.1 INTRODUCTION AND PURPOSE

1.2 DEFINITIONS

1.3 SCOPE OF WORK

1.4 PROCURING AND CONTRACTING AGENCY

1.5 CLARIFICATIONS AND/OR REVISIONS TO THE SPECIFICATIONS AND REQUIREMENTS

1.6 NEWS RELEASES

1.7 VENDOR CONFERENCE; QUESTIONS

1.8 REASONABLE ACCOMODATIONS

1.9 CALENDAR OF EVENTS

1.10 CONTRACT TERM AND FUNDING

1.11 COOPERATIVE PURCHASING

1.12 WISCONSIN eSUPPLIER PORTAL REGISTRATION

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 GENERAL INSTRUCTIONS

2.2 INCURRING COSTS

2.3 COMPLETE RESPONSES

2.4 SUBMITTING THE PROPOSAL

2.4.1 ELECTRONIC PROPOSAL SUBMITTAL (STRONGLY PREFERRED)

2.4.2 HARD COPY PROPOSAL SUBMITTAL

2.5 HAND DELIVERED PROPOSALS

2.6 PRESENTATIONS & DEMONSTRATIONS

2.7 MULTIPLE PROPOSALS

2.8 WITHDRAWL OF PROPOSALS

2.9 LATE PROPOSALS

3 PROPOSAL SELECTION AND AWARD PROCESS

3.1 PRELIMINARY EVALUATION

3.2 EVALUATION COMMITTEE

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3.3 ACCEPTED PROPOSALS

3.4 EVALUATION CRITERIA

3.5 SUPPLIER DIVERSITY

3.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

3.5.2 VETERAN-OWNED BUSINESS

3.5.3 DISABLED VETERAN-OWNED BUSINESS

3.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

3.6 RIGHT TO REJECT PROPOSALS

3.7 AWARD AND FINAL OFFERS

3.8 CONTRACT NEGOTIATION

3.9 CONTRACT NEGOTIATIONS IMPASSE

3.10 NOTIFICATION OF INTENT TO AWARD

3.11 PROTEST AND APPEALS PROCESS

3.11.1 PROTESTS

3.11.2 APPEALS

3.12 EXECUTED CONTRACT

3.13 TERMINATION OF CONTRACT

3.13.1 NOTIFICATION OF NON PERFORMANCE

3.13.2 PERFORMANCE REMEDIES

4 MANDATORY PROPOSAL REQUIREMENTS

4.1 SERVICES PERFORMED WITHIN THE U.S

4.2 DEBARMENT

4.3 PROPOSER REFERENCES

4.4 CUSTOMER SERVICE AND COMMUNICATIONS

4.4.1

4.4.2

4.4.3

4.4.4

4.4.5

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4.4.6

4.4.7

4.4.8

4.4.9

4.5 WASTE PICKUP SCHEDULING

4.5.1

4.5.2

4.5.3

4.5.4

4.5.5

4.5.6

4.5.7

4.5.8

4.5.9

4.5.10

4.5.11

4.5.12

4.5.13

4.5.14

4.5.15

4.5.16

4.5.16

4.5.17

4.5.18

4.5.19

4.5.20

4.5.21

4.5.22

4.5.23

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4.5.24

4.5.25

4.5.26

4.5.27

4.5.28

4.5.29

4.5.30

4.5.31

4.5.32

4.6 MILK RUNS

4.6.1

4.6.2

4.6.3

4.7 CORRECTIONAL FACILITIES

4.7.1

4.7.2

4.7.3

4.7.4

4.7.5

4.7.6

4.7.7

4.8 MILITARY INSTALLATIONS

4.9 PACKAGING AND LABELING

4.9.1

4.9.2

4.9.3

4.9.4

4.10 SPILLS AND BREAKAGE

4.10.1

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4.10.2

4.11 SHIPPING AND PROCESSING DOCUMENTS

4.11.1

4.11.2

4.11.3

4.11.4

4.12 TRANSPORTATION AND PROCESSING

4.12.1

4.12.2

4.12.3

4.12.4

4.12.5

4.13 TRANSPORTER IDENTIFICATION

4.13.1

4.13.2

4.13.3

4.13.4

4.14 WASTE SITE AUDITS

4.14.1

4.14.2

4.14.3

4.14.4

4.14.5

4.14.6

4.14.7

4.15 ORGANIZATIONAL CAPABILITIES

4.15.1 SAFETY/LEGAL REQUIREMENTS

4.15.2 LICENSING

4.15.3 CERTIFICATES

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4.15.4 APPLICABLE LAWS

4.15.5 CONTRACT MEETINGS

4.15.6 STAFF QUALIFICATIONS

4.16 WASTE STREAMS TO BE MANAGED

4.16.1 CHARACTERISTIC HAZARDOUS WASTES

4.16.2 WASTE CHARACTERIZATION AND WASTE PROFILES

4.16.3 PHARMACEUTICAL COLLECTION SERVICES

4.17 LAMP RECYCLING REQUIREMENTS

4.17.1

4.17.2

4.17.3

4.17.4

4.17.5

4.17.6

4.18 NON-PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS

4.19 PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS

4.19.1

4.19.2

4.19.3

4.19.4

4.20 PCBs FROM OTHER MEDIA AND EQUIPMENT REQUIREMENTS

4.20.1

4.21 RECHARGEABLE BATTERY RECYCLING REQUIREMENTS

4.21.1

4.21.2

4.22 NON-RECHARGEABLE BATTERY RECYCLING REQUIREMENTS

4.22.1

4.23 MERCURY CONTAINING EQUIPMENT RECYCLING REQUIREMENTS

4.23.1

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4.23.2

4.24 TRAINING

4.24.1

4.24.2

4.24.3

4.24.4

4.24.5

4.25 WASTE STORAGE METHODOLOGIES - TEMPORARY AND LONG TERM

4.26 ONSITE SERVICES

4.27 URGENT RESPONSE CAPABILITY

4.28 CLEAN SWEEP SERVICES

4.29 RECORD KEEPING AND REPORTS

4.29.1

4.29.2

4.29.3

4.29.4

4.29.5

4.29.6

4.29.7

4.29.8

4.29.9

4.29.10

4.30 REQUIRED DATA FIELDS FOR REPORTS

4.31 REPORTING PROCEDURES

4.32 REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS

4.33 INSURANCE

4.33.1

4.33.2

4.33.3 INSURANCE CERTIFICATES

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4.33.4 INSURANCE CANCELLATION NOTIFICATION

4.33.5 INSURANCE POLICY INSPECTION

4.34 INVOICING

4.34.1

4.34.2

4.34.3

4.34.4

5 TECHNICAL REQUIREMENTS (1135 points)

5.1 ORGANIZATIONAL EXPERIENCE

5.1.1

5.1.2

5.1.3

5.1.4

5.2 WASTE TECHNOLOGIES AND METHODS HIERARCHY

5.3 WASTE CHARACTERIZATION AND WASTE PROFILES

5.3.1

5.3.2

5.4 WASTE STORAGE METHODOLOGIES - TEMPORARY AND LONG TERM

5.5 WASTE MANAGEMENT SITE INFORMATION

5.6 WASTE PICKUP AND SCHEDULING

5.6.1 MILK RUNS

5.6.2 SHORT NOTICE

5.6.3 PICK UP AND LOADING

5.7 INVOICING

5.7.1

5.7.2

5.7.3

5.8 COMPLIANCE HISTORY

5.9 RECORDKEEPING AND REPORTING

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5.10 ONSITE SERVICES

5.10.1

5.11 URGENT RESPONSE CAPABILITY

5.11.1

5.12 PHARMACEUTICAL COLLECTION SERVICES

5.12.1

5.12.2

5.13 CLEAN SWEEP SERVICES

5.13.1

5.14 TRAINING

5.14.1

5.15 ADDITIONAL WASTE MANAGEMENT SERVICES

6 COST PROPOSAL (115 points)

6.1 COST WORKSHEETS

6.2 STATE ZONE MAP

6.3 CONSIDERATION OF ALL INHERENT COSTS

6.4 FIXED PRICING

6.5 PRICE CLARIFICATION

6.7 COMBINATION PICKUP

7 SPECIAL TERMS AND CONDITIONS OF THE PROPOSAL

7.1 SAMPLE CONTRACT

7.2 CONTRACT ADMINISTRATOR COMPLIANCE NOTIFICATION

7.3 PRIMARY CONTRACTOR AND SUBCONTRACTORS

7.4 WASTES THAT PROPOSER MAY ELECT TO MANAGE

8 LIST OF REQUIRED FORMS AND DOCUMENTS

8.1 BIDDER REQUIRED FORM DOA -3832

8.2 Attachment A – Waste Disposal Site Information

8.3 Attachment B – Waste Site Information

8.4 Attachment C – Sample Contract

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8.5 Attachment D – Training and Certification Table

8.6 Attachment E – Cost Sheet

8.7 Attachment F – Response to Proposal

8.8 Appendix A – RCRA Wastes Table

8.9 Appendix B – Zone Map

8.10 Completed Bidder Proposal

1 GENERAL INFORMATION

1.1 INTRODUCTION AND PURPOSE

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for the management of hazardous wastes (Resource Conservation and Recovery Act (RCRA) wastes), to include: Lamp, Ballast, Mercury-Containing Equipment and Battery Recycling, PCB Disposal Services and other regulated wastes generated by state agencies located throughout the State of Wisconsin.

The purpose of the contract is to maximize waste management service at a reasonable cost to state agencies and minimize the State's liability for waste management and disposal.

The State as represented by its Department of Administration (DOA) intends to utilize the results of this solicitation to award a contract for the analysis, packaging, transportation, storage, treatment and disposal of wastes listed in this Request for Proposal (RFP), including wastes from state agency waste generating locations. It is estimated that the cost of services under this contract for all state agencies, including University of Wisconsin System, is $1.3 million annually. Additionally, municipalities use this contract to provide Clean Sweep Program services.

The State intends to award to one vendor but reserves the right to award to multiple vendors if it is in the State's best interest.

The State makes no express or implied warranties whatsoever that any particular quantity or dollar amount of Services will be procured. The State reserves the right to cancel this RFP for any reason prior to the issuance of a notice of intent to award.

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1.2 DEFINITIONS

For the purposes of this RFP and resulting Contract, words and terms must be given their ordinary and usual meanings. Where capitalized in this RFP and resulting Contract, the following words and terms must have the meanings indicated. The meanings must be applicable to the singular, plural, masculine, feminine and neuter.

Authorized User

Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§

16.70 (1b), (1e), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Agency

An office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Applicable Regulations All federal, state, and local laws, regulations, rules and standards which apply to this RFP and the resulting contract.

Approved Site

A site that has been submitted with the RFP, or added as described in section 5.5, and evaluated and approved by the State. Requests for adding additional sites must be sent to the contract manager.

ASTM American Society for Testing and Materials.

Audit Subcommittee

A committee comprised of Authorized Users responsible for hazardous waste management within their respective agencies. The committee reserves the right to conduct environmental site audits of treatment, storage or disposal (TSD) and other facilities for the purpose of approving or disapproving use by the State of Wisconsin.

Ballast

An electrical device for starting and regulating fluorescent and discharge lamps. The use of ballasts in this RFB includes PCB and non-PCB light ballasts used by the State and the by-products of those ballasts but, excluding circuit board based electronic ballasts.

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Bill of Lading A shipping document used to accompany non-hazardous waste shipments.

BTU British thermal units

Bulk Transportation The transport of bulk wastes including the delivery of large equipment. Transportation costs for bulk transport are charged at a running mile.

By-Product

Any material that is not the primary material reclaimed or recycled. By-products may include, but are not limited to plastic, incinerator ash, and materials from recycling and reclamation processes that are disposed to a landfill.

Clean Sweep Reporting Is the preparation of invoices, waste summaries and other information as required as part of a DATCP Clean Sweep Grant.

Cooperative Purchasing Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Contract

The final version of any contractually binding agreement between the State and the Contractor relating to the subject matter of this RFP; references to the Contract include all exhibits, attachments and other documents attached thereto or incorporated therein by reference.

Contractor

The person or entity that has been awarded the Contract as a result of this RFP, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to

DOA.

Contract Administrator The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract

Contract Manager The person within the Department of Administration, Bureau of Procurement, assigned to manage contract issues.

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CERCLA

Federal Comprehensive Environmental Response, Compensation and Liability Act 40 CFR 300-399 (Superfund). Created in 1980, CERCLA provides a federal “Superfund” to clean up uncontrolled or abandoned hazardous waste sites and spills of hazardous chemicals into the environment.

CFC’s

Chlorofluorocarbons, organic compounds composed of carbon, fluorine, chlorine, and hydrogen (including Freon). These compounds have been implicated in the depletion of ozone in the stratosphere.

CFL Compact fluorescent light.

Changeout

Waste material removed or replaced. An example would be filter change-out, that material removed from filters during cleaning of or, replacement of filters.

Clean Sweep

These high profile events may coincide with other waste collections or annual maintenance/cleanup activities. Waste streams are highly variable and unpredictable and may include household, very small quantity generator (VSQG), agricultural and laboratory hazardous wastes. A significant portion of Clean Sweep wastes requires lab packing.

Clean Sweep Program

A program administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection, under ch. ATCP 34, Wis. Admin. Code, to provide grants funded under s. 93.55 or 93.57 Stats. to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous wastes, including unwanted prescription drugs and to assist counties in the collection and disposal of farm chemical waste.

Clean Sweep Project A project funded under a grant by the Clean Sweep program.

Committee Hazardous Wastes Committee.

Contiguous Sharing a common border, building or boundary, connected, touching or abutting another facility.

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Controlled substance

A drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of Title 21 USC Subchapter 1. The term does not include distilled spirits, wine, malt beverages, or tobacco.

CRT Cathode ray tubes from electronic equipment, such as televisions and computer monitors.

Disabled Veteran-Owned Business (DVB)

A business that has been certified by the Department of Administration under §16.283, Wis.

Stats.

DATCP Wisconsin Department of Agriculture, Trade and Consumer Protection.

DHS Wisconsin Department of Health Services.

DMA Wisconsin Department of Military Affairs.

DNR Wisconsin Department of Natural Resources.

DOC Wisconsin Department of Corrections.

DOA Wisconsin Department of Administration

DOT Wisconsin Department of Transportation.

DVA Wisconsin Department of Veterans Affairs.

Effective Date The date the Contract has been fully executed by the Contractor and the State.

Elective Service

Waste management services that agencies can utilize at their discretion under the contract. Agencies may procure these services by other methods and from other Contractors.

Electronic equipment

Equipment or devices intended for disposal or recycling, also referred to as E-waste, that plug in or contain a battery or batteries and are not regulated RCRA wastes as whole units although, such equipment may contain individual components that have hazardous properties (e.g. small PCB ballasts or capacitors, small mercury switches, electronic circuit boards, batteries). Equipment containing CFC's, radioactive sources or regulated quantities of PCBs is excluded from this definition.

Elemental Mercury Liquid mercury

Emergency Spill Response Waste

Waste generated from a response conducted under the DNR Emergency Response Zone Contract.

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EPA

Federal Environmental Protection Agency. EPA is in charge of enforcing federal environmental regulations in the US.

EPA ID Number

The unique federal identification number that is assigned by the EPA to hazardous waste generators, transporters and treatment, storage and disposal facilities.

e-Manifest

The unique federal identification number that is assigned by the EPA to hazardous waste generators, transporters and treatment, storage and disposal facilities.

Emergency Response Waste

Waste that is generated under the DNR Emergency Response Zone Contract. NOTE: Waste generated under the DNR Emergency Response Zone Contract may be managed by that Contract Contractor at the request of the agency.

FIFRA

Federal Insecticide, Fungicide and Rodenticide Act.

Created in 1996, FIFRA established federal control of pesticide labeling, distribution, sale and use through the EPA.

Flat Rate A pricing structure that charges a single fixed fee for a service, regardless of usage.

Fuel Blending The production of hazardous waste fuel by combining hazardous waste with combustible material.

Hazardous Waste(s) Solid wastes that are subject to regulation under NR660-NR679 as defined by NR661.03 and NR

661.04 Wisconsin Administrative Code.

Hazardous Waste Combustor

An incinerator, cement/aggregate kiln, boiler or industrial furnace that is permitted to thermally destroy hazardous waste or to use hazardous waste fuel as an energy source.

Hazardous Waste Fuel Hazardous waste that is burned for energy recovery;

includes fuel that is produced from hazardous waste by processing, blending, or other treatment.

HID High Intensity Discharge.

HHW Household hazardous waste.

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Incineration The thermal breakdown of material using controlled flame combustion in an enclosed device.

LQG

Large Quantity Generators (LQGs) generate 1,000 kilograms per month or more of hazardous waste or more than one kilogram per month of acutely hazardous waste.

Lab pack A container consisting of one or more small containers of wastes packed in accordance with DOT regulatory requirements.

Lamp

Also referred to as “universal waste lamp”, means the bulb or tube portion of an electric lighting device.

A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra−red regions of the electromagnetic spectrum.

Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps. Lamps covered under this contract can also include:

shatter shield, power groove, flood, ultraviolet, black light and neon.

LED lamp

For the purposes of this proposal, ‘LED’ and ‘LED lamp’ must be used interchangeably and be handled as a Universal Waste. An LED lamp is a light-emitting diode (LED) product that is assembled into a lamp (or light bulb) for use in lighting fixtures.

Manifest The shipping record called the Uniform Hazardous Waste Manifest in either paper or electronic form.

Mercury-containing Equipment

A device or part of a device that contains elemental mercury integral to its function, as defined in Wisconsin Department of Natural Resources Publication WA 1004-2006.

Milk Run A trip that includes service stops under the provisions of the contract at two or more locations.

Mixed Wastes A waste that is both radioactive and hazardous.

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Mobile Collection Units

Engineered and approved vehicles (e.g., vans, trailers) designed to lab pack, commingle, temporarily store, and haul hazardous wastes. The units may be posted at a single location or moved along a predetermined route.

Mandatory

A requirement labeled as such must be present in the proposed solution, exactly as stated, or the solution will not be considered by the State of Wisconsin. The terms “must,” “must,” and “will” are considered mandatory.

Minority Owned Business Enterprise (MBE)

A business that has been certified by the Department of Administration under §16.287, Wis.

Stats.

Mobilization

The effort required to assemble a work crew along with a vehicle and necessary equipment to perform all required services and arrive at a work site.

Mobilization can include a single day or several days in succession at a single or multiple locations. In addition, mobilization assumes that a return to the Contractor’s home station is not necessary between service days. A single fee is charged based upon the zone containing the most distant customer’s facility on the included state area map, Appendix B. For containers delivered by Contractor’s truck, at the time of a scheduled pickup, there must be no delivery charge to the agency.

Mobilization Cost The fees assessed for a mobilization of a vehicle, with one or two personnel.

Municipality

Any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats. Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under §66.0301(1) and (2) Wis.

Stats.

Must A requirement is mandatory.

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Neutralization Waste treatment involving an acid-base reaction, which results in a waste that no longer has the characteristic of corrosivity.

NFPA National Fire Protection Association.

Non-Milk Run A trip that stops under the provisions of the contract, at one location.

Non PCB-containing Ballasts

Contractor(s) must provide recycling service for this product category; however, state agencies are not required to recycle non PCB-containing ballasts at this time.

Non-RCRA Wastes Wastes managed under this contract that does not meet the RCRA definition of a hazardous waste.

Non-rechargeable batteries

Include but are not limited to: alkaline, lithium and wet cell. Although Contractor(s) must provide recycling service for this product category, state agencies are not required to recycle non-rechargeable batteries at this time.

NPL

National Priority List - the nationwide list of the worst hazardous waste sites throughout the United States, also known as Superfund Sites, maintained by the USEPA. The NPL is intended to identify sites needing further investigation and clean up.

On-site Services Specific waste management services as described in Section 5.10.

PFAS Polyfluoroalkyl substances

Procurement Manager The person responsible for managing this procurement process.

Proposal

The complete response to this RFP submitted on the approved forms, in the required manner and setting forth the Proposer’s prices for providing the products and services described in the RFP.

Proposer The entity submitting a Proposal in response to this

RFP.

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PCBs

Polychlorinated biphenyls has the meaning specified under sec. 299.45(1) Wis. Stats., and NR 157 Wisconsin Administrative Code and includes a class of environmentally persistent organic compounds produced by replacing two or more hydrogen atoms on the biphenyl molecule with chlorine atoms.

PCB-containing Ballasts Includes all leaking ballasts.

PCB’s in all other media and equipment

Including but not limited to: transformers, capacitors, electronic components, coolants, lubricants, additives, cutting oils and hydraulic fluids.

Petroleum contaminated soil Soil contaminated with a commercial petroleum product such as gasoline or diesel fuel.

Pharmaceutical waste

Waste relating to drugs and other materials used in medical research and treatment. This may also include prescription drugs, over- the-counter medications, veterinary medicines and controlled substances.

PPE Personal Protective Equipment such as boots, goggles, gloves, etc.

Purchase Order an order for work which, requires a valid contract between the Contractor and the State of Wisconsin.

Purchase orders are issued by agencies with authority to place orders, change previous orders or, to cancel previous orders.

RCRA

Resource Conservation and Recovery Act (RCRA) passed in 1976, which gave EPA the authority to control hazardous waste “from cradle to grave” including the generation, transportation, treatment, storage and disposal of hazardous waste.

Rechargeable batteries

Including but not limited to: nickel cadmium, nickel metal hydride, nickel zinc, lithium ion, lithium ion polymer and lead acid (vehicle batteries). Although Contractor(s) must provide recycling service for this product category, state agencies may elect to utilize other management options for rechargeable batteries.

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Reclaim The process to recover as usable product as defined by 40 CFR 261.1(c)(4) and s. NR 661.01 (3)(d) Wis.

Administrative Code.

Recycle Material reuse or reclamation as defined by 40 CFR 261.1(c)(7) and s. NR 661.01(3)(g) Wis.

Administrative Code.

Reuse Employing a material as an ingredient as defined by 40 CFR 261.1(c)(3) and s. NR 661.01(3)(e) Wis.

Administrative Code.

Running mile

All miles starting at the Contractor’s dispatching site to the waste generator’s site, and return to the dispatch site, whether the truck is loaded or not.

Running miles are incurred regardless if vendor is hauling empty equipment, loaded equipment or bobtailing. Running miles must not be invoiced for anything other than the parameters described above.

Responsible

A Proposer who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFP.

Responsive A proposal that conforms in all material respects to the requirements set forth in the RFP.

Requirement A descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Authorized User.

RFP Request for Proposal.

SQG

Small Quantity Generators (SQGs) generate more than 100 kilograms, but less than 1,000 kilograms of hazardous waste per month.

State The state of Wisconsin

State Holidays January 1, Martin Luther King Jr. birthday, Memorial Day, July 4, Labor Day, Thanksgiving Day, December 24, December 25, and December 31.

Schedule The current official list of controlled substances found in 21 CFR 1308.

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Must A requirement that is mandatory.

Short notice fee

The cost of administering a request for pickup or drop off with less than 48 hours advance notice of desired pickup or drop off date, outside of a scheduled run.

Site Representative An Authorized User who has contacted the Contractor for pickup services.

Solid Waste Any waste as defined in NR 661.02.

State Hazardous Waste Standards Committee

A committee consisting of state agency employees knowledgeable in waste management practices formed to develop specifications, procedures, and other requirements identified in this RFP. The committee also assists the contract manager with management of the contract after award, as well as providing waste management guidance to state agencies. In addition, the committee has a training subcommittee.

State State of Wisconsin.

Storage Waste storage for a temporary period at the end of which the waste is treated, disposed or stored elsewhere.

Subcontractor

Any distinct organization that is not a sub unit or subsidiary of the Contractor and is used by that Contractor to assist in the management of the State's waste under this contract. Waste management sites not owned by the Contractor are defined as subcontractors.

TCLP

Toxicity Characteristic Leaching Procedure. This analytical method, SW 846 Method 1311 is used to determine whether a waste exhibits a toxicity characteristic making it a hazardous waste.

TSCA

Toxic Substances Control Act, passed in 1976, which gave EPA the authority to track the 84,000 industrial chemicals currently produced or imported into the US. EPA can test and ban those chemicals that are found to pose an unreasonable risk to human health or the environment.

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TSD or TSDF

Treatment, Storage and Disposal Facility, a licensed facility that treats or stores hazardous waste or where the final disposal of hazardous waste occurs pursuant to §.291.25 Wis. Stats.

Training Subcommittee

A subcommittee of the State Hazardous Waste Standards committee that meets to discuss the training schedule and program content that the Vendor must conduct on the State’s behalf. It may include participants that are not on the state hazardous waste standards committee.

Transportation cost Costs per running mile incurred as a result of transporting bulk waste and other materials from one place to another.

Treatment

Any method, technique, or process designed to change the physical, chemical, or biological character or composition of any waste so as to recover energy or material resources from the waste or, so as to render the waste non-hazardous or less hazardous, safer to transport, store or dispose of or, amenable for recovery, amenable for storage or, reduced in volume.

Universal Waste

Hazardous wastes that are subject to the universal waste requirements as described in NR 673.02 – NR

673.05 (batteries, thermostats, lamps) as well as sealed Mercury-Containing Equipment.

Unknown A waste for which the chemical nomenclature, composition, structure or hazardous qualities are unknown to the waste generation location.

UW System

University of Wisconsin System which includes 13 four-year universities, 13 freshman-sophomore UW Colleges campuses, statewide UW-Extension and ancillary facilities.

VSQG

Very Small Quantity Generators (VSQGs) generate 100 kilograms or less per month of hazardous waste or one kilogram or less per month of acutely hazardous waste.

Waste Characterization Identification of hazardous waste in accordance with the requirements of NR 661 Wis. Administrative Code.

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Waste Fingerprint Fee

A fee charged for the collection of fingerprints of employees that are unescorted transporters of certain hazardous waste materials. Fingerprints are used to conduct background checks on employees.

Waste Generation Location The locations or cooperative participants generating waste managed under this contract.

Waste Management Site

Contractor-owned or contracted facility used to treat, store, dispose, reclaim, recycle, transfer, incinerate or otherwise manage wastes under this contract. Includes facilities used to manage wastes generated during the vendor’s treatment, reclamation, recycling or disposal of wastes (e.g., facilities used for management of still bottoms, landfill leachate, incinerator ash, scrap metals).

Waste PCBs For the purposes of this RFB are limited to wastes regulated under TSCA which do not contain any RCRA-regulated hazardous waste.

White Goods Discarded appliances to be decommissioned through removal of hazardous components (e.g., PCBs, Freon, oil-bearing compressors).

Wisconsin Certified or Registered Lab

A laboratory that meets all the criteria outlined in Ch. NR 149, Wis. Adm. Code.

Witnessed destruction

The process, required by the U.S. Drug Enforcement Administration, whereby two responsible individuals are required to accompany drugs to the disposal site and witness the destruction.

Work Order For any contract resulting from this Request for Proposal, and involving federal funds, ‘work order’ and ‘purchase order’ may be used interchangeably.

1.3 SCOPE OF WORK

State operations generate hazardous, universal, pharmaceutical, PCB and other wastes at laboratories, maintenance operations, agricultural and household clean sweeps, and from emergency and non-emergency environmental cleanups and other operations. Wastes are generated at State agency facilities, campuses and environmental cleanup and abandoned container locations. The use of this contract is mandatory for all lamps, PCB containing ballasts, and mercury containing equipment for all state agencies.

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Contractor must remove hazardous, universal, pharmaceutical, and other wastes from state agency waste generation locations, within the applicable regulatory framework, manage wastes at approved Treatment, Storage and Disposal Facilities (TSDFs). No processing of universal wastes is allowed at the waste generation site.

Contractor must provide cost effective hazardous, universal, pharmaceutical, and other waste management in compliance with all state and federal hazardous waste regulations.

Contractor must provide each agency and campus with necessary equipment, materials, packaging services, paperwork, routine communications, and services required to facilitate transport and disposal/recycling of hazardous, universal, pharmaceutical, and other wastes.

Major agencies participating in this contract include: Department of Administration (DOA), Department of Corrections (DOC), Department of Natural Resources (DNR), Department of Transportation (DOT), Department of Health Services (DHS), Department of Military Affairs (DMA), University of Wisconsin System (UW), and other State agencies, campuses, and Wisconsin municipalities.

1.4 PROCURING AND CONTRACTING AGENCY

This Request for Proposal (RFP) is issued by the Wisconsin Department of Administration (DOA), State Bureau of Procurement (SBOP) which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Chris Tucker, Contract Manager.

The contract resulting from this RFP must be administered by the DOA.

1.5 CLARIFICATIONS AND/OR REVISIONS TO THE SPECIFICATIONS AND

REQUIREMENTS

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify Chris Tucker at chris.tucker@wisconsin.gov via e-mail (no phone calls).

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, addendums or amendments will be provided via Wisconsin eSupplier Portal.

mailto:chris.tucker@wisconsin.gov

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Proposers are encouraged to log into the RFP website on Wisconsin eSupplier Portal periodically during the RFP process. The person who is registered for the Proposer on Wisconsin eSupplier Portal should get an email any time a change is made to the website.

However, this only applies to the person who is registered on Wisconsin eSupplier Portal on the date that the RFP is released. Anyone who registers after the release date of the RFP will not receive any automatic emails from Wisconsin eSupplier Portal for this RFP.

Any contact with State employees concerning this RFP is prohibited, except as authorized by the contract manager, during the period from date of release of the RFP until the notice of intent to contract is released.

No phone calls, emails or other correspondence to other State staff regarding this procurement are permitted during the procurement process unless otherwise noted in writing as required as part of the solicitation process. Violation of these conditions may be considered sufficient cause for automatic rejection of a Proposal. All oral communications are unofficial and non-binding on the State. Proposers must rely only on written statements issued by the Procurement Manager.

1.6 NEWS RELEASES

A Proposer may not issue news releases or make any statements to the news media pertaining to the subject of this RFP or, any Proposals or Contracts resulting from this RFP, without the prior written approval of the State. The Proposer is bound by this clause from the time the RFP is issued until the time the Contract has expired. Release of broadcast emails pertaining to this procurement must not be made without prior written authorization of the State.

1.7 VENDOR CONFERENCE; QUESTIONS

There will not be a Vendor Conference. Instead, there is an opportunity for Proposer questions to be submitted for a State response (see Calendar of Events for dates).

All questions must be submitted in writing via e-mail to Chris Tucker at chris.tucker@wisconsin.gov or via the eSupplier Portal website "Ask a Question" feature and by the deadline. Proposer questions along with the State’s responses must be posted to the Wisconsin eSupplier Portal website.

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1.8 REASONABLE ACCOMODATIONS

The Department of Administration must provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with disabilities upon request. If you need accommodations at a presentation or demonstration, contact Chris Tucker at chris.tucker@wisconsin.gov.

1.9 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFP must be completed. In the event that the State finds it necessary to change any of these dates and times, it must do so by issuing an amendment to this RFP.

Date Event June 7, 2024 Date of issue of RFP June 20, 2024 5:00 PM CT Last day for submitting Written Questions June 27, 2024 Responses to Questions (estimated) July 23, 2024 2:00 PM CT Proposals Due July 30, 2024 Presentations (if needed) October 1, 2024 Contract Start Date

* The State reserves the right to conduct Interviews and Site Audits if needed.

1.10 CONTRACT TERM AND FUNDING

The Contract period is an initial three (3) year period from the effective date. The Contract is eligible for two (2) optional one-year renewals if mutually agreed upon between the State and the awarded Contractor. To ensure the delivery of services and competitive pricing, address potential performance concerns, and changes in technology or industry consolidation, the State reserves the right to negotiate the pricing and terms at the time of contract renewal, or as agreed upon between the State and awarded Contractor.

The original contract term or any renewal period may be extended at the State’s request on a month-to-month basis for a period not to exceed 6 months for the purpose of completing a future solicitation or transition to a new contractor(s). Contract conditions, terms, and pricing must not be modified during the month-to-month extension.

As required by Wisconsin Statutes, continuance of a Contract beyond the limits of funds available must be contingent upon appropriation of the necessary funds, and the termination of the Contract by lack of appropriations must be without penalty.

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1.11 COOPERATIVE PURCHASING

Commodities and services may be made available to Municipalities upon agreement of the Contractor(s), where requested by the State, and agreed to by the Contractor(s).

Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the State and the Contractor(s). The Contractor must be responsible for confirming the status of potential Municipalities with the State and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.12 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Proposers registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/commodity. The State of Wisconsin purchasing information and Proposer notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the Internet at https://eSupplier.wi.gov to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Proposers may use the same Web site address for inclusion on the Proposers list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a State agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail.

Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Proposers also may receive e-mail notices of these simplified bid opportunities.

2 PREPARING AND SUBMITTING A PROPOSAL

2.1 GENERAL INSTRUCTIONS

The evaluation and selection of a Contractor will be based on the information submitted in the Proposal plus references, and any required presentations, on-site visits, or oral interviews. Failure to respond to each of the requirements as directed in the RFP may be the basis for rejecting a response. Proposals which fail to meet the mandatory requirements must be disqualified.

http://www.esupplier.wi.gov/

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Elaborate Proposals (e.g., expensive artwork, marketing materials) beyond that sufficient to present a complete and effective Proposal are not necessary or desired.

2.2 INCURRING COSTS

The State will not be responsible for any costs incurred by the Proposer to prepare its Proposal, conduct its due diligence or negotiate any agreements whether or not finally awarded. Such Proposal and business development costs must not be included in the cost basis of services to be provided to the State.

2.3 COMPLETE RESPONSES

Proposal responses to each of the requests for information and requirements in the numbered sections must be in the same sequence and numbered as the RFP.

Responses must be concise yet complete. Do not simply restate the requirement verbatim as the response to a requirement. If the RFP calls for a process description, include a process map as well as the frequency at which that map will be updated.

Proposer must not direct the reader to a website (or any other sources outside of the submitted Proposal) as part of its response to the requirement or question.

2.4 SUBMITTING THE PROPOSAL

2.4.1 ELECTRONIC PROPOSAL SUBMITTAL (STRONGLY PREFERRED)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFP. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the RFP document.

Proposers must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received.

Only clicking "Save" does not submit the Proposal response; therefore, it will not be received nor reviewed.

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Certain Requirements and qualifications will be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e.

“yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. “Does your company meet requirements 2.1-2.8”).

For any (itemized or grouped) requirements that cannot be met, a “no” must be checked and a supplemental document must be provided as an attachment to explain.

Proposer submitting a response via the Wisconsin eSupplier Portal will follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

Proposers must allow time for entering a Proposal Response in eSupplier. Keep in mind the following if an error occurs:

• File names must be no longer than 64 characters, including the file extension (e.g., “.docx).

• File names cannot contain any special characters (e.g., commas, percent signs, hash symbol). Bid Factors that require an attachment, list a specific file name to be used in response to the Bid Factor.

• The maximum file size for any attachment is 80MB.

• The eSupplier system will not allow a file with macros included and enabled.

• Proposers may only upload a single file in response to a Bid Factor. Uploading additional files will overwrite the previous upload. If a Bidder has the need to attach multiple files, the Bidder must consolidate the documents into a single file.

Alternatively, the Bidder may upload one (1) file in response to the Bid Factor and upload the rest of the documents using the Upload File button on the Submit Online Response page.

• In order to officially submit a Bid response, the Bidder must click

2.4.2 HARD COPY PROPOSAL SUBMITTAL

Proposers still have the option to mail or otherwise provide a hard copy Proposal when responding to this RFP. If your company elects to do so (instead of the electronic proposal option described above), Proposer must submit an original and seven (7) copies, clearly labeled as such, of its Proposal document for a total of eight (8) hard copies and one electronic version compatible with the Microsoft Office standard desktop tools, on a flash drive of all materials required for acceptance of its Proposal by the deadline shown below.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. While hard copy (paper) proposals will still be allowed in response to the Portal’s sourcing events, the State has no liability for errors made in inputting any information submitted via a paper proposal.

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The Attachment E - Cost Sheet must be sealed and submitted as a separate part of the Proposal. No mention of data within the Cost Proposal is permissible in the response to any other section of the Proposal.

All materials required for acceptance of the Proposal must be sent to:

United States Postal Service Courier or Hand Delivery Chris Tucker Chris Tucker Department of Administration Department of Administration State Bureau of Procurement State Bureau of Procurement PO Box 7867 101 East Wilson Street, 6th floor Madison, WI 53707-7867 Madison, WI 53703-3405

Proposals must be received by the above office no later than 2:00 p.m. CT on July 23, 2024. All Proposals must be date and time-stamped in by the Wisconsin eSupplier Portal (electronic) or by the State (hard copy) on or prior to the stated opening date and time.

Proposals not so stamped will be considered late and rejected. Receipt of a Proposal by the State mail system does not constitute receipt of a Proposal by the State Bureau of Procurement for purposes of this RFP.

All Proposals must be packaged, sealed and show the following information on the outside of the package:

• Proposer’s (Company) Name and Address

• Hazardous Waste RFP # 28426-CT

• Chris Tucker

• Due: July 23, 2024 by 2:00 p.m. CT

2.4.2.1 HARD COPY PROPOSAL SUBMITTAL

Proposers responding to this RFP in hard copy format must comply with the following format requirements. The State reserves the right to exclude any responses from consideration which do not follow the required format as described below.

A proposal submitted in response to this RFP must be signed by the person in the proposer's organization who is responsible for the decision as to the prices being offered in the proposal or, by a person who has been authorized in writing to act as an agent for the person responsible for the decision on pricing. If applicable, indicate that the Proposal is being submitted by a Wisconsin certified MBE or DVB.

By submitting a signed proposal, the proposer's signatories certify that in connection with this procurement:

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• The proposer's organization or an agent of the organization has arrived at the prices in its proposal without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition.

• The prices quoted in the proposal have not been knowingly disclosed by the proposer's organization or by any agent of the proposer's organization and will not be knowingly disclosed by the same, directly or indirectly, to any other respondent or to any competitor.

• No attempt has been made or will be made by the proposer's organization or by any agent of the Proposer's organization to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

Proposals must be typed and submitted on 8.5 by 11-inch paper and bound securely.

Proposals must be organized and presented in the order and by the numbers assigned in the RFP. Proposals must be organized in the following section number and subsection numbers.

TAB 1 - Response to Mandatory Requirements (Section 4.0):

TAB 2 - Response to Technical Requirements (Section 5.0): Provide a point-by-point response to each requirement listed in Section 5 of this RFP. Responses must be in the same sequence and numbered as they appear in this RFP.

• Attachment A - Waste Disposal Methods

• Attachment B - Waste Site Information

TAB 3 - Required Forms (Section 8.0)

2.4.2.2 COST PROPOSAL SUBMISSION

Electronic Cost Proposals must be submitted in accordance with the online instruction in the Wisconsin eSupplier Portal.

For hard copy proposal submissions, Proposers must submit an original plus one (1) hard copy (total of 2) and one (1) electronic version in Microsoft Excel, on a flash drive. PDF documents are not permitted for the Cost Proposal. Provide all cost information on Attachment E - Cost Sheet, according to the instructions provided. Include all costs for furnishing the product(s) and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal.

The Cost Proposal must be sealed and submitted as a separate part of the Proposal.

No mention of the Cost Proposal is permissible in the response to any other section of the RFP. The outside of the envelope must be clearly labeled on the outside of the package as follows:

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• Proposer’s (Company) Name and Address

• COST PROPOSAL for Hazardous Waste RFP #28426-CT

• Chris Tucker

• Due: July 23, 2024 by 2:00 p.m. CT

The Cost Proposal must be packaged, addressed and sealed in the same manner as described above. The Cost Proposal is due to the addressee on the same date and time previously mentioned. The electronic Cost Proposal must be an individual file on the flash drive.

Faxed and e-mailed Proposals are not accepted.

Proposals that arrive unpackaged or unsealed must not be accepted.

2.5 HAND DELIVERED PROPOSALS

All responses must be received and time-stamped at the above location no later than July 23, 2024 at 2:00 pm CT. The Department of Administration, at 101 E. Wilson St., Madison, has a security checkpoint on the first-floor lobby. All visitors are required to provide current identification and sign in for a visitor’s pass. Security personnel will contact the intended Procurement Specialist/Contract Manager, to have them come to the lobby to date stamp the RFP. It is highly recommended, if hand delivering a proposal, to email the Chris Tucker, Contract Manager, at chris.tucker@wisconsin.gov, no less than 24 hours prior to the RFP due date. Include in the email subject line, the following information: RFP 28426-CT, Hand Delivery of Proposal. In the email, include the date and approximate time the proposal will be delivered.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. Hard copy Proposals will still be allowed in response to the RFP. However, the State has no liability for errors made in entering any information into the eSupplier Portal as submitted via hard copy.

2.6 PRESENTATIONS & DEMONSTRATIONS

Based on an evaluation of the written Proposal, Proposer(s) may be required to participate in a presentation to support and clarify Proposal(s), if requested by the State. The presentations will be scheduled and held after receipt of the Proposals to provide an opportunity for the Proposer to clarify its Proposal and for the evaluation committee to ask questions. Proposer representative(s) attending the presentation will be technically qualified to respond to questions related to the Proposal and its components. The State will furnish specific details concerning the presentations and any required materials at the time it notifies Proposers of the presentation schedule.

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The State will make every reasonable attempt to schedule each presentation at a time and location agreeable to the Proposer.