11129_MainDocument.pdf

Recycling of Electronic Waste

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REQUEST FOR BID

Title: Recycling of Electronic Waste

Number: 28333-SM

Issued Date: April 21, 2020

Responses Due: May 26, 2020 at 12:00 C.T.

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Table of Contents

1 RFB_INTRODUCTION AND PURPOSE

1.1 RFB_DEFINITIONS

1.2 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 RFB_OVERVIEW OF PROCURING AGENCY, BACKGROUND AND OBJECTIVES

1.3 RFB_CONTRACT TERM

1.4 RFB_MODIFICATIONS OF CONTRACT

1.5 RFB_ORDER OF PRECEDENCE

1.6 RFB_COOPERATIVE PURCHASING SERVICES

1.7 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

2 RFB_RESPONDING TO BID REQUIREMENTS

2.1 2.2 2.3 2.4 2.5

3 RFB_TECHNICAL REQUIREMENTS

3.1 3.2 3.3 3.4 3.5 3.6

4 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

4.1

4.1.1 4.1.2

4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15

5 RFB_SUPPORT REQUIREMENTS

5.1 5.2 5.3

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5.4 5.5 5.6 5.7

6 RFB_SPECIAL TERMS AND CONDITIONS OF BID

6.1 RFB_ORDERS

6.2 RFB_LIQUIDATED DAMAGES

6.3 RFB_PAYMENT TERMS

6.4 RFB_CERTIFICATES OF INSURANCE

6.4.1 RFB_HIGH RISK CERTIFICATES OF INSURANCE

6.5 RFB_ACCESS TO SECURE FACILITIES

6.6 RFB_CANCELLATION AND TERMINATION

7 RFB_COST STRUCTURE AND COST SHEET INSTRUCTIONS

7.1 RFB_METHOD OF BID

7.2 RFB_PRICE SHEET INSTRUCTIONS

7.3 RFB_REQUESTING PRICE ADJUSTMENTS

8 RFB_BID PROCEDURE AND INSTRUCTIONS

8.1 RFB_CALENDAR OF EVENTS

8.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

8.3 RFB_REASONABLE ACCOMMODATIONS

8.4 RFB_WISCONSIN eSUPPLIER PORTAL REGISTRATION

8.5 RFB_SUBMITTING A BID

8.5.1 RFB_WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

8.5.2 RFB_Hard Copy Bid Submittal

8.6 RFB_FORMAT OF BID RESPONSE

8.7 RFB_INCURRING COSTS

9 RFB_BID ACCEPTANCE AND AWARD

9.1 RFB_BID OPENING

9.2 RFB_BID REVIEW

9.3 RFB_BID ACCEPTANCE

9.4 RFB_METHOD OF AWARD

9.5 RFB_BIDDER REFERENCES/CLIENT LIST

9.6 RFB_USE OF SUBCONTRACTORS

9.7 RFB_SUPPLIER DIVERSITY

9.7.1 RFB_MINORITY-OWNED BUSINESS ENTERPRISE

9.7.2 RFB_VETERAN-OWNED BUSINESS

9.7.3 RFB_DISABLED VETERAN-OWNED BUSINESS

9.7.4 RFB_WOMAN-OWNED BUSINESS ENTERPRISE

9.8 RFB_DEBARMENT

9.9 RFB_AWARD NOTIFICATION

9.10 RFB_PROTEST AND APPEALS PROCESS

9.10.1 RFB_PROTESTS

9.10.2 RFB_APPEALS

10 RFB_REQUIRED FORMS

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1 RFB_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.

The State of Wisconsin (State) is seeking Bids to provide for the recycling of electronic waste, including desktop and laptop computers, servers, monitors, televisions, CRT's, hand held devices, hard drives and peripherals.

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1.1 RFB_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.

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

Broker:

a vendor who acts as an intermediate agent but does not carry out any value-added services (testing, grading, sorting, recycling, etc.) as part of the transaction.

Clearing:

a method to sanitize media using software or hardware products to overwrite storage space on media with sensitive data.

Clearing must not allow information to be retrieved by data, disk, or file recovery utilities. It must be resistant to keystroke recovery attempts executed from standard input devices and from data scavenging tools. For example, overwriting is an acceptable method for clearing media.

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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.

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.

Degaussing:

exposing the magnetic media to a strong magnetic field in order to disrupt the recorded magnetic domain.

Demanufacturing:

the dismantling of electronic equipment for recycling and component recovery.

Destruction:

the disintegration, pulverization, melting and shredding of media so that it cannot be reconstructed. After media are destroyed, it cannot be reused as originally intended.

Disabled Veteran Owned Business (DVB):

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

283, Wis. Stats.

Minority Business Enterprise (MBE): a business that has been certified by the

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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).

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:

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

Procuring Agency: The State Agency conducting the purchasing transactions.

Purging: rendering sanitized data unrecoverable by laboratory attack methods.

Recycling:

preparing eligible electronic devices for use in manufacturing processes or for recovery of usable materials and delivering the materials for use.

RFB: Request for Bid

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.

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Shredding:

the tearing, cutting, ripping and destruction of items into particles, scrap, fragments that should be small enough to have reasonable assurance that information contained in those items cannot be reconstructed. Paper shredders can be used to destroy flexible media such as diskettes once the media are physically removed from their outer containers.

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 RFB, this term is used interchangeably with the term "requirement".

State: the State of Wisconsin.

1.2 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Administration, requests Bids for the purchase of Recycling of Electronic Waste, and intends to use the results of this process to award a Contract.

Electronic Waste includes desktops, laptops, tablets, smart phones, servers, LCD monitors, televisions, CRTs, hand-held devices, hard drives and peripherals.

The Department of Administration does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract.

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1.2.1 RFB_OVERVIEW OF PROCURING AGENCY, BACKGROUND AND

OBJECTIVES

The Wisconsin Department of Administration, on behalf of State Agencies and Authorized Users, seeks to provide a contract to meet their needs in the following areas:

• Safe and secure destruction of data

• Destruction of equipment in an environmentally responsible manner

• Onsite data destruction

• Resale of reusable equipment

• Compliance with state and federal regulations governing electronic equipment disposal

• Receiving documentation on data and asset destruction and methods used

• Provide statewide coverage

The Contractor must provide services to State Agencies and Authorized Users in one or more of the regions shown in Attachment A, Tab 2.

Use of the Contract will be optional and may be used by State Agencies and Authorized Users.

1.3 RFB_CONTRACT TERM

This Contract will run for an initial three-year period. The Procuring Agency and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) one-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 RFB documents, the awarded Bidder's response as accepted by the Department of Administration and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

1.4 RFB_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.

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1.5 RFB_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

• 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 RFB_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 the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities.

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1.7 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

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

No explanation is required as non-compliance with any of the following requirements will result in Bid rejection and removal of that Bid from further consideration.

Failure to meet mandatory requirements will result in rejection of the 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.

2 RFB_RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will 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 qualifications by submitting appropriate or supporting documentation.

Failure to meet a qualification will 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.

2.1 Bidder must meet one of the following by Bid submittal: be e-Stewards certified or listed as certification "in progress" on the e-Stewards website at the time of Bid submittal. Bidder must provide documentation on an annual basis and upon request of the State.

Enter the following URL into your internet browser and this will take you to the e- Stewards standards:

http://e-stewards.org/wp-content/uploads/2020/02/e-Stewards-Standard-V4.0.pdf

2.2 Bidder must agree not to, in whole or in part, subcontract, assign, or otherwise transfer work to any other vendor without prior written approval by Contract Manager.

http://e-stewards.org/wp-content/uploads/2020/02/e-Stewards-Standard-V4.0.pdf

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2.3 Bidder must ensure that all materials remain within the United States or, if exported, meet the requirements set in the e-Stewards standard on environmental policy. Waste must not be exported to any country that has laws banning the importation of electronic waste.

2.4 Bidder must have a minimum of three (3) years' experience in the recycling of electronic waste business and provide references to demonstrate this on form DOA-3478.

2.5 Bidder must have an owner financial responsibility instrument and a closure plan in place within sixty (60) days of being awarded a contract. These documents must comply with section 6.4.1 of the e-Stewards standard version 4.0. Bidder must provide documentation on an annual basis and upon request of the State.

3 RFB_TECHNICAL REQUIREMENTS

All requirements in this section are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section without exception. No explanation is required as non-compliance with any of the following requirements will result in Bid rejection and removal of that Bid from further consideration.

Failure to meet mandatory requirements will result in rejection of the 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.

3.1 Bidder must agree to not subcontract data destruction.

3.2 Bidder must destroy all data and identifying marks (e.g., asset tags) to reduce the risk of data and Authorized User information being accessed and retrievable after processing.

Bidder must document how and when data were destroyed on devices.

3.3 Bidder must recycle materials from devices not sold for reuse.

3.4 Bidder must accept broken electronics, including broken TV/CRT glass.

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3.5 Bidder must be responsible for ensuring that all security measures with regard to the clearing, purging, degaussing, destruction or otherwise handling of sensitive and confidential information stored on all collected electronic equipment are undertaken in a lawful and responsible manner.

3.6 Bidder must ensure the security of all items picked up so that they are not stolen or damaged before the proper destruction of equipment or data can be completed.

4 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

All requirements in this section are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section without exception. No explanation is required as non-compliance with any of the following requirements will result in Bid rejection and removal of that Bid from further consideration.

Failure to meet mandatory requirements will result in rejection of the 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.

4.1 Bidder must agree to disassemble for recycling all equipment in accordance with US Environmental Protection Agency (EPA) regulations regarding the processing of scrap electronic equipment.

4.1.1 No hazardous materials will be sent for processing to developing countries.

4.1.2 No unprocessed whole units containing hazardous materials will be sent for processing to developing countries.

4.2 Bidder must receive equipment and weigh equipment at Bidder's facility.

4.3 Bidder must comply with all applicable state and federal solid and hazardous waste requirements for the transportation, storage and processing of electronics and the materials they contain.

4.4 Bidder must verify that any hazardous substances contained in the computer/electronic materials collected are disposed of in a manner that constitutes strict adherence with state and federal hazardous waste regulations.

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4.5 Bidder must comply with all applicable state and federal worker health and safety requirements.

4.6 Bidder must provide evidence that all scales meet all weights and measure requirements in accordance with all applicable laws and regulations as governed within their state or local municipality.

4.7 Bidder's facility must be open and accessible to state personnel with twenty-four (24) hour notice during normal business hours except for State Holidays. Facilities must be available Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.

4.8 Bidder must be able to collect equipment from loading docks and interior storage areas.

4.9 Bidder must agree to respond to a pick-up request within one (1) business day and pick up items for recycling within five (5) business days.

4.10 Bidder must agree to meet with the state's Contract Manager to review activity reports provided by the Bidder and discuss any contract issues. Meetings will be held on an annual basis or as requested by Contract Manager.

4.11 Bidder must agree to perform data destruction at an Authorized User's site, as requested.

4.12 Bidder must establish individual accounts for each Authorized User that chooses to contract for electronics recycling. Bidder must work with each Authorized User to establish a process, schedule and guidelines for performing the work under the contract.

4.13 Bidder must provide and deliver, at no cost, gaylord boxes, as needed by each Authorized User, for the collection of electronic items. Boxes must be clearly labeled with bidder's company name as well the Authorized User to distinguish ownership.

4.14 Bidder must make payments to the Authorized User, if any are due, within 45 business days of materials being picked-up.

4.15 Bidder must comply with all safety requirements including all applicable regulations and safe work practices set forth by the Wisconsin Administrative Code, the Rules of the Industrial Commission on Safety, all applicable OSHA Standards and the requirements set in the e-Stewards standard on environmental policy, which apply to Bidder's operations for electronic waste recycling.

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5 RFB_SUPPORT REQUIREMENTS

All requirements in this section are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section without exception. No explanation is required as non-compliance with any of the following requirements will result in Bid rejection and removal of that Bid from further consideration.

Failure to meet mandatory requirements will result in rejection of the 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.

5.1 Bidder must provide Authorized User, within 45 days of month end, a an electronic certificate of destruction after all equipment has been processed for recycling. Bidder must list what type of media was sanitized and methods used. The certificate of destruction must be sent to the Authorized User contact once all disposition work has been performed on the equipment.

5.2 Bidder must have the ability to record and report the make, model, serial numbers, and asset tags (if available), and quantity for each asset upon request. This information will be shared by Bidder with the Authorized User via an electronic spreadsheet emailed to the Authorized User quarterly.

5.3 Bidder must submit to the Contract Manager a quarterly report on pounds received, broken out by Authorized User and by:

• Desktop Computers

• Laptop Computers

• Servers

• LCD Monitors

• Televisions

• CRT, including broken items

• Handhelds

• Hard Drives

• Peripherals

5.4 Bidder must provide the Authorized User special reports as needed.

5.5 Bidder must be able to provide records when requested, identifying the full disposal trail of any item disposed of or recycled under the Contract and per the terms of the e- Stewards standard.

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5.6 Bidder must complete any hazardous waste manifests and all other shipping documents in accordance with all applicable regulations for this industry.

5.7 Bidder must provide the Authorized User with a monthly statement showing the volume of product removed and payment and/or rebate due for the month. Payments or credits must be based on gross pounds as recorded on weight tickets issued at the Bidder's facility.

6 RFB_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.

6.1 RFB_ORDERS

Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor.

• Specific order(s): issued as one-time orders.

• Contract blanket order(s): issued for a specified period of time, to allow

Authorized Users to issue releases against the Contract blanket order(s) as needed.

• Purchasing Card order(s): issued as one-time order(s).

6.2 RFB_LIQUIDATED DAMAGES

The Contractor agrees that the Procuring Agency 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.

6.3 RFB_PAYMENT TERMS

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

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6.4 RFB_CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the winning Contractor will be required to provide copies of applicable insurance certificates. The Agency will evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within seven (7) days of the State's issuance of the Notice of Intent to Award, the Contractor shall be given an additional seven (7) days to comply. Should the appropriate Certificates of Insurance not be received within that time, the State reserves the right to cancel the award or Contract and make another award.

The Certificates of Insurance shall be provided as stated herein to:

Department of Administration State Bureau of Procurement Susanne Matschull, Procurement Specialist Senior 101 E. Wilson Street, 6th Floor Madison, WI 53703

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6.4.1 RFB_HIGH RISK CERTIFICATES OF INSURANCE

The following minimum insurance coverage and limits will be required in the Contract resulting from the Bid award: Copies of these required insurance policies and certificates shall be submitted to the Procuring Agency upon request.

• Worker's compensation insurance, as required under Chapter 102 of the Wisconsin Statutes, for all of the Contractor's employees and Contracted Personnel engaged in the work performed under this Contract;

• Commercial General Liability, bodily injury and property damage insurance against any claim(s) that may occur in carrying out the terms of this Contract, with a minimum coverage of one million dollars ($1,000,000) liability for bodily injury and property; and two million dollars ($2,000,000) general aggregate; and

• Commercial General Liability must include coverage for products and completed operations; and

• Motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out the terms of this Contract, with a minimum coverage of one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage; and

• Umbrella Liability of five million dollars ($5,000,000); and

• Errors and Omissions (E&O) coverage of three million dollars ($3,000,000).

E&O must include third party coverage against claims resulting from an act, error or omission by reason of a theft, unintentional disclosure, misappropriation, and misuse or mishandling of personally identifiable information contained within electronic data that is in the recycler's possession for electronic data destruction; and

• Contractor's Pollution Liability (with one (1) year extended reporting period)

• Each Occurrence two million dollars ($2,000,000)

• Aggregate two million dollars ($2,000,000)

• Pollution Liability must include coverage for transportation pollution events and disposal of waste; and

• Acceptability of Insurers: The insurance requested above is to be placed with insurers with a current A.M. Best's rating of not less than A-VI, unless otherwise approved in writing, by the State's contract manager.

• Certificate of Insurance, showing up-to-date coverage, shall be on file in the

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Contracting Agency before the Contract may commence.

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6.5 RFB_ACCESS TO SECURE FACILITIES

Execution of this contract may require access/entrance into 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 between facilities, the following applies:

• Delivery persons will need to be properly documented with approved identification: a valid Wisconsin or other State's driver's license. Vehicles may be subject to search upon entering and leaving secure facilities.

• Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers, and/or any other restricted items will not be allowed to enter secured facilities.

6.6 RFB_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

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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 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.

7 RFB_COST STRUCTURE AND COST SHEET

INSTRUCTIONS

7.1 RFB_METHOD OF BID

The Bidder shall submit a per pound price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

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7.2 RFB_PRICE SHEET INSTRUCTIONS

Bidders shall complete Attachment A, Price Sheet to submit pricing. Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicate otherwise. Bidders must submit a bid for the entire state. In Part A, Bidders shall enter the price per pound recycled or the rebate per pound per item to be recycled in the yellow highlighted cells. The price sheet will automatically calculate the annual price in the green highlighted cells. The Price Sheet will then automatically calculate an extended total (Net Paid per Pound Recycled less the Net Rebate per Pound Recycled).

Parts B - D are required but will not be used to calculate the lowest bid price or as the basis for an award. Bidders must fill out pricing for all parts A-D to be considered responsive.

For Part B, the Bidder shall enter the Price for Asset Tracking, with a price per asset in the yellow highlighted cells. For Part C, the Bidder shall enter the Price for Onsite Data Destruction Cost for a single round trip to location of Authorized User. For Part D, the Bid Price for Transportation Cost for a single round trip to location of Authorized User based on zone. The map for the zones are listed on Tab 2.

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7.3 RFB_REQUESTING PRICE ADJUSTMENTS

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Price increases will not be permitted during the entire initial Contract term. Any price increases proposed after the initial Contract term must be submitted in writing to the Contractor Administrator a minimum of 45 days before the proposed effective date of the increase. Notice of price increases must be fully documented. Documentation shall include copies of the supplier's notification to the Bidder of the increase including the effective date. Increases shall not affect any orders written prior to the effective date of the increase. The Contract Administrator shall approve price increases.

Any price decreases from the manufacturer or supplier that are passed through to the Bidder are required to be passed to the Agency within 30 days of the effective date of the price decrease.

8 RFB_BID PROCEDURE AND INSTRUCTIONS

8.1 RFB_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 in eSupplier.

DATE EVENT

April 21, 2020 Date of Issue of the RFB

May 1, 2020 Date Questions Due

May 7, 2020 (estimated) Responses to Questions Posted to eSupplier

May 26, 2020 at 12:00 PM Bids Due from Bidders

June 28, 2020 (estimated) Anticipated Award Date

July 28, 2020 Contract Start Date

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8.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by May 1, 2020. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procuring Agency representative named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact: Please email to: susanne.

matschull@wisconsin.gov

USPS ADDRESS COMMON CARRIER ADDRESS

Susanne Matschull Susanne Matschull

Department of Administration Department of Administration

PO Box 7867 101 E. Wilson Street, 6th Floor

Madison, WI 53703-7867 Madison, WI 53703-3405

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #28333-SM and be directed to Susanne Matschull.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on eSupplier.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Susanne Matschull is strictly prohibited during the period

Page 24 28333-SM from the date this RFB is released until the date the notice of intent to award is issued.

Susanne Matschull 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 Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

8.3 RFB_REASONABLE ACCOMMODATIONS

Upon request, the Department of Administration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening or Bidders' Conference, please contact: Susanne Matschull, 608-266-9796, susanne.matschull@wisconisn.gov.

8.4 RFB_WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders registered with the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) will receive future official notice for this service/commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the Internet at Link to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Bidders may use the same Web site address for inclusion on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a State agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for bid in their designated commodity/service area(s) with an estimated value over $50,000.

Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive e-mail notices of these simplified bid opportunities.

8.5 RFB_SUBMITTING A BID

Bidders have two (2) options in responding to this RFB.

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8.5.1 RFB_WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

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

Please note, 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 or reviewed.

Certain requirements, qualifications and Specifications 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.

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8.5.2 RFB_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 (Section 6.5.1 WISCONSIN eSUPPLIER PORTAL Submittal) due to the decrease of staff available to accept hand deliveries at State facilities or the potential for State building closures. Bidders shall submit an original signed Bid, marked as stated below, and four (4) hard copies AND one Electronic Copy of all materials required for acceptance of their Bid by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

Susanne Matschull Susanne Matschull

Department of Administration Department of Administration

State Bureau of Procurement State Bureau of Procurement

PO BOX 7867 101 E. Wilson Street, 6th Floor

Madison, WI 53707-7867 Madison, WI 53703-3405

All Bids shall be received and time-stamped at the above location no later than May 26, 2020 at 12:00 P.M. 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 packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

Page 27 28333-SM

BIDDER NAME AND ADDRESS

Recycling of Electronic Waste

RFB #28333-SM

RFB DUE: May 26, 2020 at 12:00 P.M. C.T.

Hand Delivered Bids:

The Department of Administration, at 101 E. Wilson St. in Madison, has a secure lockbox in the front lobby, which will be collected at 12:00pm (noon) on the day of the bid opening.

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 (paper) bids will still be allowed in response to the Portal's sourcing events. However, the State has no liability for errors made in inputting any information submitted via a paper bid.

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8.6 RFB_FORMAT OF BID RESPONSE

Bidders responding to this RFB outside of the Wisconsin eSupplier Portal shall comply with the following format requirements:

Signed Request for Bid Sheet: Include the signed, required form DOA-3832, with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB shall be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition,

(b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Vendors shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Additional Information: Include all additional information that shall be essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.

Cost Information: Provide price information on the Cost Sheet – Attachment A, Page 29 28333-SM included in this RFB, include one hard copy of the Price Sheet with the bid response and one electronic copy in Excel format. All prices for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this bid.

Bid Response Qualifications and Requirements: The Bidder shall include the Bid Response Qualifications and Requirements – Attachment B, included in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed.

Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.

8.7 RFB_INCURRING COSTS

Neither the State of Wisconsin nor the Procuring Agency is liable for any costs incurred by the Bidder in responding to this RFB.

9 RFB_BID ACCEPTANCE AND AWARD

9.1 RFB_BID OPENING

A public Bid opening shall be held on May 26, 2020 at 2:00PM via a Skype meeting. To join the Bid opening, please dial 608-316-9000, and use Conference ID 38233472. The names of all Bidders may be read aloud at that time. There will not be an in person Bid opening.

9.2 RFB_BID REVIEW

All Bids will be reviewed by the Procurement Manager to ensure compliance with submittal requirements. The State shall be the sole judge as to Bidders' compliance with the Bid instructions.

9.3 RFB_BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. The Department of Administration in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

Page 30 28333-SM

9.4 RFB_METHOD OF AWARD

The Bid Award(s) will be made on the basis of the lowest price, responsive, responsible Bidder. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The Department of Administration intends to award to One (1) Bidder whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

Award(s) will be based on Lowest Extended Total which is the Low Cost Factor. The Net Total Paid for all categories less the Net Rebate for all categories based on the annual quantity in pounds of items recycled in Part A. Parts B-D will not be used to calculate the lowest bid price or as the basis for an award.

9.5 RFB_BIDDER REFERENCES/CLIENT LIST

The Bid shall include bidder references by completing DOA-3832, Section 3, listing at least four (4) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last three (3) years. For each organization listed, the Bidder shall include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The Procuring Agency will determine which references to contact in order to assess the quality of the product or service.

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9.6 RFB_USE OF SUBCONTRACTORS

The Contractor will be responsible for the contract performance of its subcontractors.

The Contract will be between the Department of Administration and the awardee. The Contractor will be responsible for its subcontractors' performance of the pertinent contract obligations including related Specifications, insurance requirements and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors shall be approved in writing by the Procuring Agency. Any proposed substitution of an approved subcontractor shall be submitted in writing to the Department of Administration 30 days prior to implementation of the substitution, and include the substitute's qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the Procuring Agency may result in cancellation of the Contract without notice and without penalty to the State.

9.7 RFB_SUPPLIER DIVERSITY

9.7.1 RFB_MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.

gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program.

Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

The Contractor shall furnish…