04 RFB Propane_LP Gas Statewide.pdf

REQUEST FOR BID

Propane/LP Gas - Statewide

RFB 28418 – CT

Event 13126

Issued Date: April 16, 2024

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

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 POINT OF CONTACT

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 Bidder History

2.2 LICENSES, PERMITS AND REGISTRATIONS

3 MANDATORY GENERAL REQUIREMENTS

3.1 TECHNICAL REQUIREMENTS

3.1.1 QUALITY

3.1.2 ALTERNATIVES

3.1.3 SPILLS

3.1.4 DAMAGES

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 24-HOUR SERVICE

3.2.2 KEEP FILL

3.2.3 CONTAMINATED FUEL

3.2.4 TRAINING

3.2.5 ANALYSIS

3.2.6 TANK EXCHANGE

3.2.7 BUSINESS HOURS

3.2.8 EMERGENCY CONTACT

3.2.9 24-HOUR COMMUNICATION

3.2.10 ACCESS TO SECURE FACILITIES

3.3 QUARTERLY REPORTS

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4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 DELIVERY REQUIREMENTS

4.1.1 DELIVERIES

4.3 INVOICING AND BILLING REQUIREMENTS

4.3.1 TAXES

4.3.2 PAYMENT METHOD

4.3.3 AUDITS AND CREDITS

4.4 BACKGROUND CHECKS

4.5 FRATERNIZATION/AGENCY WORK RULES

4.6 PAYMENT TERMS

4.7 SAFETY DATA SHEETS

4.8 CERTIFICATES OF INSURANCE

4.9 CANCELLATION AND TERMINATION

4.10 CONTRACT MODIFICATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.1.1 TERMINALS

5.1.2 MARKUP PRICE

5.2 COST SHEET INSTRUCTIONS

5.2.1 PRICE BASE AND MARKUP PRICE

5.2.2 COMPUTATION

5.3 REQUESTING PRICE ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 PRE-BID SITE SURVEY

6.6 SUBMITTING A BID

6.6.1 WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

6.6.2 HARD COPY BID SUBMITTAL

6.7 CONTENT OF BID RESPONSE

6.8 INCURRING COSTS

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6.9 NEWS RELEASES

7 BID ACCEPTANCE AND AWARD

7.1 Bid Opening, Review, and Acceptance

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES/CLIENT LIST

7.4 USE OF SUBCONTRACTORS

7.5 SUPPLIER DIVERSITY

7.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.5.2 VETERAN-OWNED BUSINESS

7.5.3 DISABLED VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.6 DEBARMENT

7.7 AWARD NOTIFICATION

8 REQUIRED FORMS

DOA 3832- Bidder Required Form

Attachment A – Cost Sheet

Attachment B – Draft Contract

Attachment C – Technical, Performance and Support Requirements

Attachment D – Quarterly Report Template

Attachment E – Bid Factors (Only necessary if you are submitting a Hard Copy Response) .. 37

1 INTRODUCTION AND PURPOSE

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for supplying State of Wisconsin agencies and institutions with Propane and Liquid Propane (LP).

The State of Wisconsin (State) as represented by its Department of Administration (DOA), State Bureau of Procurement (SBOP) intends to use the results of this procurement process to award one or more contracts. The State does not guarantee to purchase any specific quantity or dollar amount.

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1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

ACH:

An electronic payment made between two banks within the Automated Clearing House (ACH) network.

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.

ARO: Means After Receipt of Order

Authorized User(s):

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.

Bid:

A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder: A person or firm that responds to this Request for Bid.

Commodity:

A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract:

The written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

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

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Contractor:

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

Contract Manager:

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Cooperative Purchasing:

Means the Wisconsin Statutes (s. 16.73, Wis. Stats.) that establish the authority to allow Wisconsin municipalities to purchase from state contracts.

Disabled Veteran Owned Business (DVB):

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

DOA: Means the State Department of Administration

DTNergy FastRacks Service:

A weekly publication that DOA uses to define the price base used to calculate fuel prices.

F.O.B.

Means Free on Board. Freight is paid by the Contractor. Contractor shall be responsible for shipping costs and title shall not pass to purchasing entity until accepted at destination.

Keep Fill Service:

Contractor shall maintain tanks at 85% full, by volume, on a weekly basis, unless other arrangements are approved by the receiving agency.

LP:

For the purpose of this RFB, LP means Liquefied Petroleum Fuel, that is used for heating, appliances, and to power motorized vehicles or other motors. The terms Liquefied petroleum and Propane shall be used interchangeably in this document.

Markup/Markup Price:

The amount the Contractor charges the State to cover their transportation, storage and handling costs, overhead and profit.

The Markup price is a charge, in cents per gallon, of fuel delivered.

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Minority Business Enterprise (MBE):

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

Municipality:

Any Wisconsin 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.).

Notice of Award:

A writing issued by DOA notifying all Bidders of the DOA’s award of a Commodity Contract to the successful Bidder(s)

Price Base:

The price base shall be the average price for each grade of fuel reported by the weekly publication "DTNERGY". The Price Base is adjusted weekly and this adjusted average weekly price is used in calculating the delivered, or invoiced price per gallon, price.

Terminal:

Means a taxable fuel storage and distribution facility that is supplied by pipeline or vessel and from which liquid products, such as taxable fuel, may be removed at a rack. For a list of acceptable terminals, see Section 5.1.1 TERMINALS

Purchasing Card (p-card):

A charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement’s Purchasing Card Contract.

Procurement Specialist:

Chris Tucker, The individual responsible for overseeing and administering the procurement process for this Bid.

Propane:

For the purpose of this RFB, LP means Liquefied Petroleum Fuel, that is used for heating, appliances, and to power motorized vehicles or other motors. The terms Liquefied petroleum and Propane shall be used interchangeably in this document.

Qualification:

A quality, accomplishment, certificate, or other determining factor that indicates suitability and ability to perform a specific service.

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Requirement:

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

Responsive:

A Bid that conforms in all material respects to the requirements set forth in the RFB.

Responsible:

A Bidder 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 RFB.

RFB: Request for Bid

Services or Contractual Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

SBOP: Means State Bureau of Procurement

Shall: Requires that the Contractor comply with this requirement.

State: Means the State of Wisconsin

State Holidays:

January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24, 25, and

Terminal Price: Means price per gallon paid by the Contractor at the terminal

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

This contract is for the purchase of Propane by the gallon delivered to storage tanks located throughout the state. The contract(s) that result from this RFB may be utilized by Authorized Users at the State, County, or Local levels of Government. User delivery locations are located throughout the State of Wisconsin. 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), University of Wisconsin System (UW), and the remaining agencies including Wisconsin municipalities. Currently there are approximately 507 tank locations throughout the state.

1.2.1 POINT OF CONTACT

The Department of Administration performs administrative and executive functions for the State of Wisconsin. The DOA, State Bureau of Procurement (SBOP), shall manage this contract for use by all state agencies, UW campuses and municipalities. The Contractor and the respective Authorized Users will work together to resolve any problems or issues related to the purchase of products such as ordering, delivery or returns. The Contractor shall communicate or meet with the designated Authorized User’s representative, as requested, to resolve problems.

Any problems that cannot be resolved between the Authorized User and the Contractor will be referred to the Contract Administrator. The Contract Administrator will inform the Contractor in writing of the unresolved issues and the Contractor will respond with proposed corrective actions. Either the Contract Administrator or the Contractor may request meetings to address unresolved contract issues.

The Wisconsin Department of Administration is the sole point of contact for the State of Wisconsin during this RFB process. The person responsible for managing the procurement process is Chris Tucker, (608) 266-5047 or chris.tucker@wisconsin.gov

1.3 CONTRACT TERM

The State of Wisconsin, Department of Administration, intends to award a Contract that will run for an initial two (2) year period. The State and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional three (3) one (1) year periods. The Contract shall be effective on 7/1/2024, or the date it is signed by the State, whichever is later.

mailto:chris.tucker@wisconsin.gov

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

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. The proposed Contract shall be subject to such modifications or adjustments as may be necessary or desirable by reason of any action or regulation set forth by the Federal, State or Local Government relating to the use, production or sale of the petroleum products during the Contract period.

Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

The State reserves the right to add/delete Propane types, delivery locations, and end users during the Contract term to meet the needs of the State. To make additions, the State shall adhere to the following procedure:

• All current Contractors shall be asked to bid on the Location. The new location awarded to the lowest cost Contractor willing to make delivery to that location.

• If no Contractor bids on the location, no award shall be made.

1.5 ORDER OF PRECEDENCE

In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by DOA, and any additional terms agreed to in writing by the parties shall be incorporated into the contract. Failure of the successful Bidder to accept these elements into the contract will result in the cancellation of the contract award.

In the event of conflict with the incorporated elements of the contract, the following order of precedence will prevail:

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• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid (this document)

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by DOA and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with DOA and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such may disqualify your Bid. Before the award of any Contract, the State shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint the State with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/specifications will be presented by the State as itemized questions that require an affirmative response from you that you can meet them (yes/no prompt) on Attachment C – Performance and Support Requirements. (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 you cannot meet, you must check “no” and provide a supplemental document as an attachment to explain.

Failure to meet a qualification may disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

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2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided on Attachment A – Cost Sheet.

2.1 Bidder History

Bidder shall be in the business of providing Liquified Propane, and shall have done so for the past three (3) years.

2.2 LICENSES, PERMITS AND REGISTRATIONS

Bidders shall meet all federal, state and local requirements regarding business and transport operations and shall have obtained all required licenses, permits and registrations prior to submitting their bid.

3 MANDATORY GENERAL REQUIREMENTS

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet a mandatory requirement shall result in rejection of the bid. Please use Attachment C Technical, Performance and Support requirements to respond to this section.

3.1 TECHNICAL REQUIREMENTS

3.1.1 QUALITY

The quality of all Propane provided shall meet or exceed the requirements set forth in the Wisconsin Administrative Code, Chapter ATCP 94 for Petroleum and Other Liquid Fuel Product Specifications. If any changes are made to the Wisconsin Administrative Code for Petroleum Product and Other Liquid Fuel Specifications or, if new state or federal requirements are developed during the life of the contract, the State requires that all awarded Contractors conform to the changes.

https://docs.legis.wisconsin.gov/code/admin_code/atcp/090/94/i/120/31

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3.1.2 ALTERNATIVES

If the Contractor is unable to provide the requested fuel, the Contractor shall contact the Authorized User in advance to request approval of the product substitute prior to delivery of the product.

3.1.3 SPILLS

The Contractor is responsible for any spills that occur during product delivery. For more information on Wisconsin's Spill Law, refer to Wisconsin Statute 292.11 or contact the Wisconsin Department of Natural Resources.

https://dnr.wisconsin.gov/topic/Spills

All spill incidents should be reported immediately using the 24-hour toll-free hotline: 1-800-943-0003

3.1.4 DAMAGES

The Contractor shall be liable for any damages caused by equipment malfunction or failure resulting from furnishing contaminated product, furnishing fuel other than the type specified in the contract, or failure to make deliveries when ordered.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 24-HOUR SERVICE

Contractors shall maintain, or have access to, an adequate inventory for the locations awarded to provide delivery within 24 hours of request.

https://docs.legis.wisconsin.gov/statutes/statutes/292/ii/11#:%7E:text=292.11%20Hazardous%20substance%20spills.,discharge%20not%20exempted%20under%20sub.

https://dnr.wisconsin.gov/topic/Spills

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3.2.2 KEEP FILL

Contractors shall provide Keep Fill Service at locations as requested by an Authorized User. Agencies currently requiring Keep Fill Service are noted on the bid sheet.

Contractors shall be prepared to provide Keep Fill Service (maximum 85% of volume) even if the usage is low. Contractors shall be held responsible for damage caused to any equipment due to failure, when on Keep Fill service.

3.2.3 CONTAMINATED FUEL

Contractor shall remove delivered fuel not meeting specifications and replace it with approved fuel within 24 hours of request. Contractor shall bear the cost of removal and replacement of an equal amount of fuel.

3.2.4 TRAINING

The Contractor shall have a training program for employees as required in the code of federal regulations number 49, part 172.700. Contractor shall be responsible for the containment, cleanup, and disposal of petroleum spills because of the Contractor's equipment, leased or owned, being faulty and/or the negligence of their employee.

When Contractor is on Authorized User's property, Contractor's equipment shall carry petroleum spill cleanup materials and equipment on board for cleaning a petroleum spill up to 20 gallons.

3.2.5 ANALYSIS

The Authorized User may draw a sample from each delivery of propane for analysis to assure that the propane meets all requirements. This analysis will be conducted by the State Fuel Laboratory in accordance with the procedures established by the American Society for Testing Materials (ASTM).

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3.2.6 TANK EXCHANGE

If tank exchange is involved, the new Contractor shall make the exchange when the current tank is near empty so as not to cause the State any loss of fuel when tanks are exchanged. If a situation occurs where a tank must be removed, a refund or a credit must be issued for the unused gas in the tank. Contractor-owned tank removal cost shall be at no cost to the State of Wisconsin.

3.2.7 BUSINESS HOURS

Contractors shall provide contact information for customer service. This information shall include: name of contact person, telephone number, email address and hours available. Customer service shall be made available to the State, at a minimum, from 8:00 am to 4:00 pm Central time, Monday through Friday except for state Holidays.

3.2.8 EMERGENCY CONTACT

Contractors shall provide emergency contact information. This information shall include the name of the contact person(s) and their telephone numbers. The State shall be able to reach these individuals 24 hours a day in case of an emergency.

3.2.9 24-HOUR COMMUNICATION

Contractor shall respond to all telephone, email, and text communications within one business day.

3.2.10 ACCESS TO SECURE FACILITIES

Execution of this Contract may require access/entrance into DOC secure facilities. All Contractor staff may be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following (but not limited to) will apply:

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All vehicles entering and leaving the facility may be searched, causing up to a 30-minute delay each way. Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include, but are not limited to, drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocketknives, box cutters, and razor knives, unless a part of an inventoried toolbox). In many locations, drivers must turn off vehicle motors and lock cab doors whenever their truck is unattended.

Toolboxes should be inventoried prior to arrival to facilitate security staff accounting.

Items may be left with security; however, illegal items may not be returned. Possession of contraband may be reported to local law enforcement. Contractor staff may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

Delivery persons will need to be properly documented with approved identification: a valid Wisconsin or other State's driver's license. Vehicles will be subject to search upon entering and leaving said Facility. Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers, and/or any other restricted items will not be allowed to enter the Facility.

The State will not be responsible for any additional delivery charges resulting from being denied entry by non-compliant delivery personnel.

3.3 QUARTERLY REPORTS

Awarded Contractor(s) shall submit quarterly sales reports in Microsoft Excel format to the Contract Manager for all Contract transactions that took place during the previous quarter. Mandatory Report templates are provided in Attachment E Mandatory Report.

Reports are due by the 15th of the following months:

October – January – April – July Send reports to the reporting email doaescontractusagereporting@wisconsin.gov

The State will request the following information in the reports:

mailto:mscheiber@gladieuxenergy.com

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State Agency/Institution/Campus Purchases

• State Agency/Institution/Campus name

• Product Description

• # of Gallons delivered

• Total Price

Municipality Purchases

• Municipality (School district, county, city, etc.) name

• Product Description

• # of gallons delivered

• Total Price

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own Contract document as a substitute for the State’s Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

4.1 DELIVERY REQUIREMENTS

4.1.1 DELIVERIES

Deliveries shall be made to each location as requested by an Authorized User who will order, receive, and sign for deliveries. All deliveries must be made by the most cost-effective method. All Bidders shall indicate on the Cost Sheet the method of delivery for each location (transport, tank wagon, etc.).

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A delivery ticket shall accompany each delivery. Delivery tickets shall be signed by the Authorized User at the time of delivery. All delivery tickets shall be made out in triplicate so that at least one copy is left with the party signing for the fuel. Each copy shall bear the date, the name of the driver, the motor vehicle license number of the truck from which delivery is made, the type of fuel delivered, required signature and the number of gallons delivered. One copy of each delivery ticket, signed by the Authorized User, shall be submitted with the monthly invoice.

4.3 INVOICING AND BILLING REQUIREMENTS

All invoices shall be sent directly to the Authorized User. Invoices shall consist of an original and one copy. All invoices shall contain the following information:

• Date of Sale

• Name and address of seller

• Name and address of purchaser

• Number of gallons purchased

• Delivered Price per gallon: (Markup Bid Price plus the Terminal Price)

• Price paid by the Contractor at the terminal and the terminal name

• The amount of Wisconsin motor fuel or special fuel tax paid shall be shown as a separate item

• Receipt of payment

• A copy of the delivery ticket for each delivery being invoiced shall be included

4.3.1 TAXES

The State of Wisconsin is exempt from payment of the federal excise tax on fuel delivered directly to a bulk storage tank.

Certification including the FEIN (federal employer identification number) of the agency using the fuel shall be furnished to the Contractor on request. The Contractor is expected to maintain such records as required to file a claim with the IRS for refund of the taxes paid by the Contractor on deliveries to state agencies.

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4.3.2 PAYMENT METHOD

Bidder shall accept payment from Authorized Users by electronic or paper methods.

This includes ACH, checks, procurement cards (P-Cards), and other approved electronic payment options.

4.3.3 AUDITS AND CREDITS

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems. If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to all applicable Users within thirty

(30) calendar days of notification of the problem. Credits for returned products shall be made in full within thirty (30) calendar days of Contractor's receipt of returned goods.

4.4 BACKGROUND CHECKS

Due to the nature of this solicitation, DOA reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor’s ability to meet contractual obligations and requirements.

4.5 FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to the Authorized User.

4.6 PAYMENT TERMS

Payment will not be made until the fuel is determined to meet all Specifications, requirements and deliverables have been accepted by the procuring agency. Standard payment terms as per State statute are Net 30 days upon receipt of a properly submitted invoice. However, if special payment terms exist, they may be indicated as such in Column L of Attachment A – Cost Sheet.

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4.7 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by s. 101.58, Wis. Stats., the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets shall be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

4.8 CERTIFICATES OF INSURANCE

Upon request by the State of Wisconsin, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the State’s Contract Administrator and the signature of an authorized agent.

The policies and/or certificates shall be submitted to the State upon request, for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this Contract are modified or cancelled; Contractor shall immediately provide notice to the State of Wisconsin.

DOACertificatesofInsurance@wisconsin.gov

4.9 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this contract. The Contractor may terminate this contract after providing the State one hundred and twenty (120) calendar days notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200 https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200 https://docs.legis.wisconsin.gov/statutes/statutes/101/i/58 mailto:DOACertificatesofInsurance@wisconsin.gov

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Upon the termination of this contract for any reason, or upon contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days’ notice to the Contractor, and the Contractor providing at least one hundred and twenty

(120) calendar days’ notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally imposed, 30-day notice.

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

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• Fails to maintain the confidentiality of the State’s information that is Confidential Information, proprietary, or containing Personally Identifiable Information

• Contractor performance threatens the health or safety of a State employee or State customer.

4.10 CONTRACT MODIFICATION

Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations outside of the general scope and intent of the original Request for Bid, or more than allowable and accepted price changes shall be made.

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

The bid Markup price, which bidders quote in their bid response, shall include all costs, including, but not limited to: transportation/delivery costs, storage and handling costs, overhead and profit.

Bidders should note that the annual usage volumes listed in Attachment A – Cost Sheet are only estimates, and in some cases, the specific location may only require delivery for a special circumstance rather than on an ongoing basis.

5.1 METHOD OF BID

Bidders shall complete the attached Attachment A - Cost Sheet. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

• The Bidder shall submit the intended "Markup" in column I of the Cost Sheet.

• The Bidder shall submit the abbreviation for the appropriate "Pricing

Terminal" in column J of the Cost Sheet.

• The Bidder shall submit any "Special Fees" in column K of the Cost Sheet.

For the purposes of this RFB, Special Fees are defined as those fees necessary to provide service outside of the regularly scheduled deliveries contemplated in this RFB.

Special Fees may include but, are not limited to, Holiday deliveries, after hour or emergency deliveries. Special Fees may not include any of the fees required to be included in the Mark-Up price as stated in Section 5.2.1. Prices shall be in U.S. dollars unless otherwise indicated. The Bidder shall fully complete the Cost Sheet for each location that the Bidder offers to provide service.

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5.1.1 TERMINALS

Terminal – Bidder shall specify the Terminal that will be used for each location bid -please use the abbreviation for the terminal. The following Terminals are assigned to this bid:

• RF = Rockford

• DU = Dubuque

• JV = Janesville

• PB = Pine Bend (Mpls/St PL)

• GB = Green Bay

• JC = Junction City

• SP = Superior

Contractors may obtain Propane from any Terminal that is not assigned, but only assigned Terminal Pricing will be used in calculating the Price Base. If a non-assigned Terminal is used, adjacent terminal commodity prices will be referenced for that location.

5.1.2 MARKUP PRICE

Markup Price – The Markup price shall be an amount in dollars, or fractions of dollars, per gallon. All Markup prices are to be expressed as a decimal.

Example:

If the Markup price is nine and three quarter’s cents per gallon, express as $0.0975 If the Markup price is three quarters of a cent per gallon, express as $0.0075

Modification to the Cost Sheet shall not be accepted and may result in the disqualification of the Bidder.

Bidders are not required to bid on all locations - bidders may bid only on locations for which they are interested in delivering fuel.

5.2 COST SHEET INSTRUCTIONS

Bidders shall complete Attachment A - Cost Sheet. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

5.2.1 PRICE BASE AND MARKUP PRICE

The total price of the Propane delivered to the destination shall consist of two components. These components are:

A. The PRICE BASE B. The MARKUP PRICE

PRICE BASE + MARKUP PRICE must be the invoiced Propane price.

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The Markup Price shall be the amount in dollars per gallon that the bidder adds to the "Price Base" to arrive at the final delivered price to a destination.

This Markup Price shall include all transportation, handling costs, overhead, and profit.

Bidders shall indicate only the Markup Price on the Cost Sheet. Do not indicate the total price per gallon – only the Markup price.

All bid prices are to be expressed to four decimal places.

Price Base will be established weekly by DTNergy FastRacks benchmark rack prices for all listed terminals. The Price Base for each destination shall be the prices published for the nearest reported terminal. The reporting terminals are located at:

• RF = Rockford

• DU = Dubuque

• JV = Janesville

• PB = Pine Bend (Mpls/St PL)

• GB = Green Bay

• JC = Junction City

• SP = Superior

The "PRICE BASE" shall be modified weekly and posted on VendorNet. The ‘Price Base’ will normally be posted on VendorNet by 12:00 p.m. on Monday and shall apply for the entire week. In the event market prices are not available for a commodity in a location, the nearest available commodity prices will be referenced for that location. In the event "DTNERGY" is not published for a period greater than one week, the average price indicated in the last published edition shall apply until the next publication is received.

5.2.2 COMPUTATION

Follow the example below for the Total Price cost calculation:

Example:

Weekly Oil Pricing dated March 17, 2024, shall apply for deliveries made the week of Sunday, March 17, 2024, through Saturday, March 23, 2024.

The Price Base shall be the average price for propane as reported by the weekly publication "DTNergy FastRacks Service". From the weekly report, if we look at DNR - Devil’s Lake Park – Administration, the bid price was received as $0.25:

https://vendornet.wi.gov/Contract.aspx?Id=ab7f14f4-e42b-e611-8964-40a8f0ad9999

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Weekly terminal price for the week of March 17, 2024 – March 23, 2024, using the Janesville Terminal from above:

Using the information above, we can determine that the price should be as follows:

• MARKUP PRICE = $0.250 / gallon

• PRICE BASE = $0.8953 / gallon

• Total Price = $1.1453 / gallon

NOTE: The successful bidder may obtain Propane from any terminal that is not assigned but only assigned terminal pricing will be used in calculating total delivered price.

Weekly Oil Pricing

5.3 REQUESTING PRICE ADJUSTMENTS

Price Adjustments may be requested as follows:

Contractor may request a price increase 60 days before the end of contracts resulting from this RFB (prior to renewal options). The Contractor must provide:

1. A letter on company letterhead stating the request and why the request is being made

2. A side-by-side comparison of current vs proposed prices

3. Documentation supporting and justifying the increase https://vendornet.wi.gov/Procurement.aspx

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Any price increases shall be limited to direct cost increases to the Contractor which are demonstrated to be industry wide. Full documentation of such increases shall be submitted with the request for price increase submittal. The State may accept, negotiate or reject any requested price increases.

Should the State reject the request for an increase, the Contractor may elect to cancel the contract, provided the State is notified in writing 90 days prior to the cancellation date.

Should the Contractor’s cost decrease during the term of the Contract, Contractor shall reduce costs accordingly.

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. If DOA finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on eSupplier.

DATE EVENT

April 16, 2024 CT Date of Issue of the RFB April 26, 2024 5:00 PM CT Date Questions Due

May 3, 2024 Responses to Questions Posted to eSupplier (estimated)

May 23, 2024 2:00 PM CT Bids Due from Bidders May 23, 2024 2:30 PM Online Bid Opening via Teams June 13, 2024 Estimated Award Date July 1, 2024 Estimated Contract Start Date

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procurement Specialist representative named below of the issue in writing.

Bidders are expected to raise any questions or clarifications concerning the RFB document by the date listed in Section 6.1 Calendar of Events. The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarifications.

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Email is also accepted for the submission of questions and/or clarifications and shall refer to RFB 28418-CT and be directed to Chris Tucker chris.tucker@wisconsin.gov

Any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and consolidated with questions received from within the Wisconsin eSupplier Portal.

It is the Bidder’s responsibility to check the Wisconsin eSupplier Portal for any additional questions and answers pertaining to this RFB.

If it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments, or addendums shall be posted on the Wisconsin eSupplier Portal.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Chris Tucker, is strictly prohibited during the period from the date this RFB is released until the date the Notice of Intent to Award is issued. Chris Tucker may authorize in writing contact or communication with another State employee or officer as circumstances may dictate. Prospective Bidders who hold a current contract with the Department of Administration may continue to communicate with the Department of Administration Contract Administrator regarding the performance of the current contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, the Department of Administration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed at a Bid opening, please contact: Chris Tucker, (608) 266-5047 chris.tucker@wisconsin.gov

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6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Once vendors are registered in the State’s eSupplier Portal (the State’s electronic purchasing information system) they shall receive official notices regarding this RFB.

Registered Bidders on the Wisconsin eSupplier Portal shall receive official notices of future procurement solicitation opportunities for the State and University of Wisconsin System campuses.

To register on the Wisconsin eSupplier Portal access the following website for instructions https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo

Bidders may obtain additional State of Wisconsin purchasing information at https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

Bidders without internet access may request to receive a hard copy.

6.5 PRE-BID SITE SURVEY

It is the responsibility of the Bidder to inspect any unfamiliar locations to determine the highway conditions, exact location, the size, the number of gallons that can be delivered at one time and accessibility of the storage tanks.

6.6 SUBMITTING A BID

Bidders shall respond to this RFB in either the Wisconsin eSupplier Portal or by providing a hard copy response.

Faxed and emailed Bids shall not be accepted.

6.6.1 WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this RFB. The State has developed questions providing online guidance for an electronic response to the RFB (Bid Factors). If responding electronically, do not submit a hard copy of any materials unless directed to do so elsewhere in the Bid document.

Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received. Only clicking "Save" does not submit the Bid response; therefore, it shall not be received nor reviewed by the State.

https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

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Certain qualifications and Requirements shall 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” shall be checked and a supplemental document shall be provided as an attachment to explain.

Bidders submitting Bids via the Wisconsin eSupplier Portal shall follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

Bidders shall allow time for entering a Bid 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”) and cannot contain special characters (e.g., commas or percent signs).

• The maximum file size is 80MB.

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

• Bidders 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 shall 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 the Submit button and receive verification that the Bidder response has been submitted.

• The Attachment A Cost Proposal as posted is labeled “Blank”. When saving your cost proposal, please update the document name to include your company name to ensure the sheet you upload is NOT the blank template.

6.6.2 HARD COPY BID SUBMITTAL

Bidders still have the option to mail or otherwise provide a hard copy bid when responding to this RFB.

The State strongly encourages electronic bid submission due to the potential decreased number of staff available to accept hand deliveries at State facilities or the potential for State building closures.

If submitting a hard copy Bid (instead of the electronic Bid option described above), Bidders must submit an original signed Bid, marked as stated below of all materials required for acceptance of their Bid by the deadline to:

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USPS ADDRESS COMMON CARRIER ADDRESS

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

All Bids shall be received and time-stamped at the above location no later than May 23, 2024 2:00 PM CT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the State Bureau of Procurement Purchasing Office.

All Bids shall be sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS_

BIDDER NAME

BIDDER ADDRESS

Propane/LP Gas – Statewide

RFB 28418-CT

MAY 23, 2024 2pm CT

Hand Delivered Bids:

If Bidder desires to hand-deliver their Bid response, Bidder must notify Chris Tucker 48-hours in advance via email at chris.tucker@wisconsin.gov.

The Department of Administration, at 101 E. Wilson St. in Madison has a security checkpoint at the first-floor lobby. All visitors shall be required to provide current identification and sign in for a visitor’s pass. Security personnel shall call the Procurement Specialist prior to the visitor being allowed to proceed to their destination in the DOA building. This means Bidders shall have and announce the Procurement Specialist’s name to allow the security guard to place a call to the Procurement Specialist. The Bidder shall allow ample time to clear security before reaching the Bureau of Procurement office to obtain the required Bid timestamp.

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 Bids will still be allowed in response to the RFB. However, the State has no liability for errors made in inputting any information into the eSupplier Portal submitted as hard copy bid response.

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6.7 CONTENT OF BID RESPONSE

Bidders responding to this RFB shall comply with the following requirements:

Signed Bidder Required Form: Include the signed, required form (DOA-3832) with the bid and those…