06 Request For Bid_Fuel Oil.pdf

REQUEST FOR BID

Fuel Oil

RFB # 28398-CT

(Event # 12687)

Issued Date: May 17, 2023

Responses Due: June 15, 2023 by 1pm 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 Overview of Procuring Agency, Background and Objectives

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

1.8 CONTRACT FLEXIBILITY

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

3 MANDATORY SPECIFICATIONS OF BID

3.1 TECHNICAL REQUIREMENTS

3.1.1 LICENSES

3.1.2 QUALITY STANDARDS

3.1.3 FUEL TYPE/GRADE

3.1.4 SPILLS

3.1.5 FUEL OIL SPECIFICATIONS

3.1.6 MODIFICATIONS

3.1.7 TANK WAGON DELIVERIES

3.1.8 UNFAMILIAR LOCATIONS

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 24-HOUR SERVICE

3.2.2 KEEP FILL SERVICE

3.2.3 3.2.4 3.2.5 3.2.6 3.2.7

3.2.8 CONTRACTOR LABILITY

3.2.9 SAMPLING AND ANAYSIS

3.2.10 CUSTOMER SERVICE

3.2.11 EMERGENCY CONTACT

3.2.12 3.2.13

3.2.14 REPORTING

3.2.15 DELIVERY REQUIREMENTS

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 TAXES

4.2 PAYMENT

4.3 CONTRACT AUDITS AND CREDITS

4.4 STATE HEATING PLANTS

4.4.1 4.4.2

4.5 BACKGROUND CHECKS

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4.6 FRATERNIZATION/AGENCY WORK RULES

4.7 PAYMENT TERMS

4.8 SAFETY DATA SHEETS

4.9 LIQUIDATED DAMAGES

4.10 CERTIFICATES OF INSURANCE

4.11 ACCESS TO SECURE FACILITIES

4.12 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.1.1 TERMINALS

5.1.2 MARKUP

5.2 COST SHEET INSTRUCTIONS

5.2.1 MARKUP PRICE

5.2.2 COMPUTATION

5.3 REQUESTING PRICE ADJUSTMENTS

5.3.1 5.3.2 5.3.3 5.3.4

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 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

6.5.2 HARD COPY BID Submittal

6.5.3 HAND DELIVERED BIDS

6.6 CONTENT OF BID RESPONSE

6.7 INCURRING COSTS

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 DISABLED VETERAN-OWNED BUSINESS

7.5.3 VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.6 DEBARMENT

7.7 AWARD NOTIFICATION

8 REQUIRED FORMS

8.1 Appendix 1 - Fuel Oil Specifications

8.2 Appendix 2 - Chapter ATCP 94

8.3 Attachment A - Cost Sheet

8.4 Attachment B - Bid Factors (only necessary for a hard copy response)

8.5 Attachment C - DOA-3832BidderRequiredForm

8.6 Attachment D - Sample Contract

8.7 Attachment X - Performance and Support Requirements

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1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase.

Reviewing this section will help you determine your ability to meet the Procuring Agency's needs.

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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.

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.

Authorized Users:

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.

Bid Factor:

An element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

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.

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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.

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, the Procuring Agency.

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.

Contractual Services or 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.

DOA: State of Wisconsin Department of Administration

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

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.

Markup Price:

The amount the contractor charges the State to cover their transportation, storage and handling costs, overhead and profit, Page 6 28398-CT and the dye cost for off road use. The markup price is a charge, in cents per gallon, of fuel delivered.

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 (Intent to) Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a 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.

Pricing Terminal:

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.

Procurement Specialist:

The individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions.

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.

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Requirement:

A descriptive statement of the physical, functional, and performance characteristics of the Commodity or Service required by the Procuring Agency.

Responsive:

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

RFB: Request for Bid

Specification:

A descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFx, this term is used interchangeably with the term "requirement".

State: State of Wisconsin

State Holidays:

January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24, 25, and 31 (as observed).

Terminal Price: Price per gallon paid by the contractor at the terminal.

User:

Any State agency, board, commission, UW campus or cooperative purchasing agency (e.g. municipality, county, etc.) that is using this contract.

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

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 Fuel Oil.

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 process to award one or more contracts. The State does not guarantee to purchase any specific quantity or dollar amount.

The State of Wisconsin, its agencies and users, utilize fuel oil to power heating and steam generating facilities throughout the state. This Request for Bid (RFB) may be utilized by agencies at the State, County and Local levels of Government, collectively referred to as "Users". User locations are located throughout the State of Wisconsin.

Major agencies participating in this contract may 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

• remaining agencies including Wisconsin municipalities.

There have been occasions in which agencies and campuses have experienced exceptional circumstances such as, extended periods of severe cold temperatures or, natural gas curtailments that result in the use of back up fuel oil to heat facilities. During instances such as these, deliveries to agencies and campuses may exceed the estimated annual average usage rate listed in this bid on Attachment A – Cost Sheet.

It is only during these occasions that, in order to continue a delivery and payment schedule that works for both the Supplier and the User, alternate payment terms may be negotiated by both parties. However, any ability to alter payment terms shall be approved by the Contract Manager prior to the Supplier invoicing the User.

No guarantee will be made as to the number of gallons that may be purchased during the forthcoming contract period. The successful bidder(s) will be responsible for the furnishing of any and all quantities.

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1.2.1 Overview of Procuring Agency, Background and Objectives The Department of Administration (DOA) performs administrative and executive functions for the State of Wisconsin. the DOA, State Bureau of Procurement (SBOP), will manage this contract for use by all State agencies, UW campuses, and municipalities.

Ordering and invoicing will be through the user agencies.

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

This Contract will run for an initial two (2)-year period. The Procuring Agency 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 the date it is executed by the Procuring Agency. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

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 to exceed six (6) months for the purpose of completing a future solicitation or transition to new Supplier(s). Contract conditions, terms and pricing shall not be modified during such a month-to-month extension, unless prior approval of the justification is obtained in writing by the Contract Manager.

The RFB documents, the awarded Bidder's response as accepted by DOA, and any purchase order related to this RFB, shall become the Contract between the parties unless a separate Contract is executed.

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. 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.

mailto:chris.tucker@wisconsin.gov.?subject=Fuel%20Oil%20RFB

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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 the Procuring Agency, 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:

• Final signed Contract with clarifications included

• Official purchase order

• Bid response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official purchase order

• Bid response as accepted by the State of Wisconsin

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities and other State agencies upon agreement of the Contractor. A Contractor can agree to provide Municipalities and other State agencies the ability to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities and other State agencies with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities and other State agencies.

Reference Vendor Agreement-Wisconsin's Cooperative Purchasing Services (DOA- 3832), for definitions and other information regarding Municipalities.

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1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder Requirements and qualifications in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid. Before the award of any Contract, the Procuring Agency 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 Procuring Agency with these Requirements and qualifications by submitting appropriate or supporting documentation.

If no single Bidder is able to meet an individual mandatory Requirement or qualification, the State reserves the right to eliminate the individual mandatory Requirement or qualification; in such case, the State shall continue the review of Bids and to select the Bid which most closely meets the Requirement or qualification in this RFB.

1.8 CONTRACT FLEXIBILITY

The State reserves the right to add/delete Fuel Oil 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:

Step 1 The location shall be offered to currently awarded contractors, beginning with the contractor with the lowest initial bid mark-up cost for the terminal associated with the location.

Step 2 If no contractor from Step 1 accepts the location, the location shall be offered to all currently awarded contractors and awarded to the lowest cost contractor willing to make delivery to that location, at their initial bid price.

Step 3 In the event that no awarded contractor is willing to make delivery at their previously bid price, quotes for pricing will be requested from all current contractors. An award may be made to the contractor with the lowest delivered bid pricing.

Step 4 If no contractors bid on the location, no award shall be made.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications and Requirements in this section are Mandatory and shall be met at no additional cost above the costs provided in the Bid.

Bidder shall be in the business of providing the products listed above, or similar products, and shall have done so for the past three (3) years.

3 MANDATORY SPECIFICATIONS OF BID

All Bidder qualifications and Requirements in this section are Mandatory and shall be met at no additional cost above the costs provided in the Bid.

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3.1 TECHNICAL REQUIREMENTS

3.1.1 LICENSES

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

3.1.2 QUALITY STANDARDS

The quality of all petroleum products provided shall meet or exceed the requirements set forth in the latest revision of the Wisconsin Administrative Code, Chapter ATCP 94 for Petroleum Product Specifications. If any changes are made to the Wisconsin Administrative Code for Petroleum Product 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.

3.1.3 FUEL TYPE/GRADE

Fuel Type / Grade

The type / grade of fuel required at each location are shown on the bid sheet and are detailed below:

ULS #1 Ultra Low Sulfur #1 15 ppm .0015% Sulfur ULS #2 Ultra Low Sulfur #2 15 ppm .0015% Sulfur ULS-BD Ultra Low Sulfur bio diesel .0015% Sulfur ULS PR Ultra Low Sulfur Premium

ULS PW Ultra Low Sulfur Premium Winter Blend

ULS 2W

Ultra Low Sulfur #2 Winter Blend

3.1.4 SPILLS

Any spills that occur during the delivery of products are the responsibility of the contractor. Wisconsin's Spill Law can be found in Wisconsin Statute 292.11. Further information is available through the Wisconsin Department of Natural Resources.

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

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3.1.5 FUEL OIL SPECIFICATIONS

FUEL OIL SPECIFICATIONS – All requirements in this section are mandatory and shall be met with no additional cost to the State.

See: APPENDIX 1 – FUEL OIL SPECIFICATIONS General Requirements: Products covered by this specification shall be free from grit, acid and other foreign material and shall conform to the requirements of this specification.

3.1.6 MODIFICATIONS

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.

3.1.7 TANK WAGON DELIVERIES

All tank wagon delivery requirements shall be considered as "keep-fill service" (reference 3.2.2). This service shall be provided at each location unless specifically directed otherwise by an authorized representative of the using agency. Contractor shall honor "keep full" (maximum 85% of volume) even if the usage is low.

All locations identified as "Transport Delivery" require that requested quantities submitted by authorized agency representatives be delivered within 24-hours of the fuel request. This requirement shall be adhered to in order to make certain that fuel supplies are available in periods where other fuels are unavailable or curtailed.

Bidders are advised not to bid if they cannot provide the keep-fill service and/or the 24-hour requirement for transport deliveries. Vendors will be held responsible for damage caused to any equipment due to failure to deliver, when on keep-fill service or requested transport delivery schedules are not met. Vendors failing to comply with these requirements shall be subject to penalties incurred by the State if the using agency is unable to switch to a backup fuel system due to non-delivery (reference 3.2.8 Contractor Liability).

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3.1.8 UNFAMILIAR LOCATIONS

It is the responsibility of the vendor 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.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

Bidder shall use Attachment X - Performance and Support Requirements to respond to this section.

3.2.1 24-HOUR SERVICE

A reliable source of fuel is essential. Contractors shall maintain, or have access to, an adequate inventory to provide delivery within 24 hours of request. Prior to receiving an award, bidders may be required to demonstrate their ability to provide the fuels specified and shall provide delivery method (type of truck used) and terminal information on the bid sheet for each location bid.

3.2.2 KEEP FILL SERVICE

Keep Fill Service – Contractors shall provide this service at locations as requested by an authorized representative of the using agency. Agencies currently requiring Keep Fill Service are noted on the bid sheet. Contractors shall be prepared to provide "keep fill" (maximum 85% of volume) even if the usage is low. Contractors will be held responsible for damage caused to any equipment due to failure, when on keep-fill service, or as directed by the using agency. Bidders should consider this requirement when submitting bids.

3.2.3 Awarded bidders will be required to complete additional paperwork for agencies or municipalities identified as using FTA funds. This provision will also apply to any other agency that may receive grant funds now or during the term of the contract.

3.2.4 As necessary, the Contractor shall communicate or meet with the designated User's representative to discuss ordering, invoicing, contract updates, procedure updates or other contracting issues.

3.2.5 Any problems that cannot be resolved between the 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.

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3.2.6 As necessary, Contractor shall meet with the DOA Contract Administrator to discuss issues related to specific contract performance.

3.2.7 The Contractor may request meetings to address unresolved contract issues.

3.2.8 CONTRACTOR LABILITY

Contractor Liability - The contractor shall be held liable for any damages that may occur due to heating system malfunction or failure as a result of:

• Furnishing a contaminated product.

• Furnishing a grade of oil other than specified or authorized.

• Failure to make deliveries when ordered, or as required, if on a keep-fill system.

Contractor shall bear the cost of removing any contaminated fuel from the storage tanks or any fuel not meeting specifications. 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 which occur on the owner's property as a result of the Contractor's equipment, leased or owned, being faulty and/or the negligence of their employee. When Contractor is on the owner's property, Contractor's equipment shall carry petroleum spill cleanup materials and equipment on board for cleaning petroleum spill up to 20 gallons.

3.2.9 SAMPLING AND ANAYSIS

Sampling and Analysis - The using agency may draw a sample from each delivery of oil for analysis to assure that the oil meets the requirements of Specification No. 40512 -

110. The analysis will be conducted by the official State Fuel Laboratory in accordance with the procedures set forth by the American Society of Testing Materials.

3.2.10 CUSTOMER SERVICE

Awarded vendors shall provide business hours contact information for customer service.

This information shall include: name of contact person, telephone number, email address, hours available. Customer service shall be made available to the State, at a minimum, from 8:00 a.m. to 4:00 p.m., Monday through Friday on non-State Holidays.

3.2.11 EMERGENCY CONTACT

Awarded vendors 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/day in case of an emergency.

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3.2.12 New or additional customers (Agencies/Municipalities using the contract) - See Section 1.8.

3.2.13 Contractor shall respond to all telephone and e-mail communications within 24 hours.

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3.2.14 REPORTING

Awarded Contractor(s) shall submit quarterly sales reports, in Microsoft Excel format where possible, to the DOA Contract Manager for all contract transactions that took place during the previous quarter. Report templates will be available for this use.

The State will request the following information in the reports:

• State Agency/Institution/Campus Purchases

• State Agency/Institution/Campus name

• Purchase order number/Name

• Account #

• Order date

• Invoice number

• Invoice date

• Product Description (Diesel, Gasoline, etc.)

• # of Gallons Ordered

• # of Gallons Delivered

• Price Base (Terminal price)

• Total Price

Municipality Purchases:

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

• Product Description (Diesel, Gasoline, etc.)

• Unit of Measure (UOM)

• # of Gallons Ordered

• # of Gallons Delivered

• Price Base (Terminal price)

• Total Price

Reports Due:

• April 15

• July 15

• October 15

• January 1

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3.2.15 DELIVERY REQUIREMENTS

Deliveries shall be made to each location as requested by a designated representative authorized to order, receive, and sign for deliveries. Delivery vehicles shall be equipped with printing meters. At the time of delivery contractor shall provide Material Safety Data Sheet to the using agency.

All deliveries are to 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.).

A delivery ticket shall accompany each delivery. Delivery tickets shall be signed by the receiving agency at the time of delivery and a copy of the signed delivery ticket must be provided to the signing party. The 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 receiving agency, shall be submitted with the monthly invoice.

Deliveries from vehicles equipped with printing meters are required as per 1993 Wisconsin Act 234.Wis. Adm. Code NR 440.207(3) (d), requires that the State of Wisconsin shall maintain records certifying each shipment of distillate #2 (dyed) received has sulfur content no greater than 0.5 % by weight for the Central Heating Plants. For all deliveries to central heating plants Contractor shall submit this certification to the receiving agency within 5 days of delivery.

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.

https://docs.legis.wisconsin.gov/code/admin_code/nr/400/440/ii/207/3/d

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4.1 TAXES

Federal Tax – The State of Wisconsin is exempt from payment of the federal excise tax on fuel delivered directly to a bulk storage tank. However, delivery of fuel into the fuel tank of a vehicle is not exempt.

State Tax – State agencies are required to pay the State motor fuel tax on gasoline and the State special fuel tax on diesel fuel.

The State is liable and shall pay the LUST (leaking underground storage tank) tax. This tax will be listed on the billing invoice as a separate line item.

Certification including the FEIN (federal employer identification number) of the agency using the fuel will 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 a refund of the taxes paid by the contractor on deliveries to state agencies.

4.2 PAYMENT

Bidder will accept payment from authorized end-users by check, electronic funds transfer or with procurement cards (P-Card) (credit cards).

4.3 CONTRACT 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 STATE HEATING PLANTS

4.4.1 All backup fuel purchased for a state heating plant where the fuel is to be used for the boilers can be ordered with the contract number. All invoices and bill of lading for backup fuel which is used for boilers in state heating plants needs to be sent to DOA DFDM 7th floor Heating Plant group for payment.

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4.4.2 Most of the State of Wisconsin Heating Plant boilers use #2 fuel oil as a backup fuel when natural gas is not available. Most of the fuel oil used in the heating plant is during a natural gas curtailment or interruption. Some oil is used every year for testing the oil system.

Natural gas supplies may be curtailed or interrupted at any time but, most curtailments or interruptions occur during times of extreme cold weather or during times of a mechanical problem with the natural gas delivery system. Over the past 5 years some of the State of Wisconsin Heating Plants have experienced up to 10 days of natural gas curtailment or interruption.

UW Madison's Charter Street Heating Plant uses almost half of the natural gas and fuel oil used by all the State of Wisconsin Heating Plants. During a natural gas constraint Charter Street heating plant can use up to 120,000 gallons of fuel oil a day.

A fuel oil supplier must be able to accommodate the needs of Charter Street Heating Plant and other State of Wisconsin Heating Plants during a natural gas interruption.

4.5 BACKGROUND CHECKS

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order 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.

4.6 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 Procuring Agency's Procurement Manager identified in this RFB.

4.7 PAYMENT TERMS

Payment will not be made until the product is determined to meet all Specifications, requirements and deliverables and has been accepted by the Procuring Agency.

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4.8 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 Wis. Stat. §101.58, 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.

Safety Data Sheets shall be provided as stated herein to:

Department of Administration State Bureau of Procurement Chris Tucker chris.tucker@wisconsin.gov 101 East Wilson St., 6th Floor Madison, WI 53703

4.9 LIQUIDATED DAMAGES

The Procuring Agency may suffer damages due to Bidder's lack of performance of certain terms and conditions of the resulting contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non-performance, the Procuring Agency will impose the following liquidated damages for the performance failures listed below.

In the event that the Contractor fails to deliver in accordance with the terms and conditions of the Contract, the Authorized User may temporarily procure from another contractor. If procured from another contractor, the Contractor shall pay to the Authorized User any difference between the Bid cost and the cost paid to the other contractor.

In the event the Contractor causes damage due to neglect, carelessness or improper procedures, the Contractor may be charged the full amount of costs to restore or repair to original condition. The Contractor agrees that the Authorized User shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

mailto:chris.tucker@wisconsin.gov

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4.10 CERTIFICATES OF INSURANCE

If a bid is awarded, the Contractor 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.

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.

4.11 ACCESS TO SECURE FACILITIES

Execution of this contract may require access/entrance into DOC or DHS 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:

All vehicles entering and leaving the facility may be searched, causing up to 30 minutes 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 pocket knives, box cutters, and razor knives, unless a part of an inventoried tool box.) In many locations, drivers must turn off vehicle motors and lock cab doors whenever their truck is unattended.

Tool boxes 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.

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4.12 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.

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.

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• 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 submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

• 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

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

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

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, and the dye cost for off road use.

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.

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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 "Price Markup" in column J of the Cost Sheet.

• The Bidder shall submit the abbreviation for the appropriate "Pricing Terminal" in column K of the Cost Sheet.

• The Bidder shall submit any "Special Fees" in column L 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 is able to provide service.

5.1.1 TERMINALS

Pricing 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:

• CF = Chippewa Falls

• GB = Green Bay

• JC = Junction City

• MA = Madison

• MI = Milwaukee

• SU = Superior

• WU = Waupun

Contractors may obtain product 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.

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5.1.2 MARKUP

Markup Price – The markup bid price shall be an amount in cents, or fractions of cents, per gallon. All markup bid prices are to be expressed as a decimal. Prices listed shall be in U.S. dollars.

Example:

If the markup bid price is nine and three quarter's cents per gallon, express as $0.0975 If the markup bid 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 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 the attached Cost Sheet(s). Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

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5.2.1 MARKUP PRICE

The total price of the dyed product 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 price.

The Markup Price shall be the amount in cents 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, dye cost, handling costs, overhead, and profit.

The Markup Prices for grades 1 and 2 shall be on a gross gallon basis. Bids on a temperature corrected basis for these grades will not be considered.

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

All bid prices are to be expressed as a decimal (four significant numbers).

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:

• CF = Chippewa Falls

• GB = Green Bay

• JC = Junction City

• MA = Madison

• MI = Milwaukee

• SU = Superior

• WU = Waupun

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.

The "PRICE BASE" shall be the average price for each grade of fuel reported by the weekly publication " DTNergy FastRacks Service ", plus NORA fee and the State of Wisconsin Petroleum Inspection Fee.

https://vendornet.wi.gov/Download.aspx?type=contract&Id=ab7f14f4-e42b-e611-8964-40a8f0ad9999&filename=Weekly+Terminal+Fuel+Prices.pdf

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Example:

"DTN" dated Monday, May 1, 2023 shall apply for deliveries made the week of Sunday, April 30, 2023 through Saturday, May 6, 2023. The modified "Price Base" shall be the average price for the grade as reported by the weekly publication " DTNergy FastRacks Service" for the price fluctuation.

5.2.2 COMPUTATION

Follow the example below for the Total Price cost calculation:

Item # 22, Location: Oregon, Pricing Terminal: MA, Delivery date: May 9, 2023 Fuel Grade: ULS.#2 Weekly terminal price for the week of May 7, 2023 - May 13, 2023 for Burner fuel oil grade ULS #2 at the terminal Madison is $2.5072

• MARKUP PRICE = $0.0200/ gallon

• Inspection fee = $0.0200 / gallon

• Lust Tax (if applicable) = $0.0010 / gallon

• PRICE BASE = $2.5072 / gallon

• Total Price = $2.5482 / gallon

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

Cost Sheet location:

Weekly Oil Pricing:

5.3 REQUESTING PRICE ADJUSTMENTS

Price Adjustments may be requested as follows:

https://vendornet.wi.gov/Procurement.aspx

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5.3.1 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

5.3.2 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.

5.3.3 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.

5.3.4 Should the contractor's cost decrease during the term of the contract, the Contract, Contractor shall reduce Contract costs accordingly.

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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. In the event that the Procuring Agency 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 28398-CT.

DATE EVENT

May 17, 2023 at 2:pm CT Date of Issue of the RFB

May 30, 2023 at 2pm CT Date Questions Due

June 6, 2023 (estimated) Responses to Questions Posted to eSupplier

June 15, 2023 at 1pm CT Bids Due from Bidders

June 22, 2023 Anticipated Award Date

July 1, 2023 Contract Start Date

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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.

Email is also accepted for the submission of questions and/or clarifications and shall refer to RFB# 28398-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.