1577_4.DOCX

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3681 (03/99)

SUPPLEMENTAL STANDARD TERMS AND CONDITIONS

FOR PROCUREMENTS FOR SERVICES

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:

AGENCY ADDRESS:

Department of Administration Division of Enterprise Operations Bureau of Procurement 101 East Wilson Street, 6th Floor PO Box 7867 Madison WI 53707-7867 Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # 28134-DT. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

August 8, 2014

BIDDER (Name and Address)

Name (Contact for further information) David Teske ( david.teske@wisconsin.gov )

Phone

(608) 264-9590 Date 07/08/2014

Quote Price and Delivery FOB Any Wisconsin destination

Fax bids are not accepted

Item No.

Quantity and Unit

Per Unit

Total

Lamp, Ballast, Mercury Containing Equipment, and Battery Recycling, and PCB Disposal Services

· Used lamp recycling

· Waste ballast recycling

· Managing non-RCRA Subtitle C PCBs in all media and equipment

· Mercury-containing equipment recycling

· Rechargeable and non-rechargeable battery recycling

|_| We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.

|_| We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

|_| Yes |_| No |_| Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title

Phone ( )

Fax ( )

Signature of Above

Date E-mail.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

STATE OF WISCONSIN

REQUEST FOR BIDS (RFB) # 28134-DT

FOR:

Lamp, Ballast and Battery Recycling;

PCB and Mercury-Containing Equipment Disposal Services

TABLE OF CONTENTS

COST SHEET

8.0 REQUIRED FORMS

- VENDOR DATA SHEET

- VENDOR REFERENCE DATA SHEET

- VENDOR AGREEMENT

9.0 TERMS AND CONDITIONS

- SPECIAL, STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS

THE FOLLOWING DEFINITIONS ARE USED THROUGHOUT THIS RFB.

Agency means 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.

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

Bid means a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell.

Bidder means a vendor submitting a response to this RFB. For the purposes of this RFB, the terms “Bidder” and “Vendor” can be used interchangeably.

Bureau means the State Bureau of Procurement.

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

Certificate of Disposal means a certification signed by an official having supervisory responsibility at an EPA permitted facility, certifying that the material/waste identified on the Manifest or Bill of Lading has been treated or destroyed to the extent that the material/waste is rendered unusable and unrecoverable.

CFL - compact fluorescent light

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

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

Contract Manager means the person within the Department of Administration, Bureau of Procurement assigned to manage contract issues ( david.teske@wisconsin.gov ).

Contractor(s) means 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.

Cooperative Purchasing means the Wisconsin Statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the State or any municipality under ss. 66.0301(1) and (2), Wis. Stats.

Department means the Department of Administration.

Designated Agency Representative means one person (or designee) designated by each agency utilizing this contract to be that agency’s primary contact with the contractor.

DOA means Department of Administration.

Elemental Mercury refers to liquid mercury (elemental mercury is not within the scope of this contract; use Hazardous Waste contract for elemental mercury).

EPA - means Environmental Protection Agency

Hazardous Waste means solids wastes that are subject to regulation as defined by NR 661.03, Wisconsin Administrative Code.

Hazardous Waste Management Standards Committee means the group consisting of state agency employees knowledgeable in waste management practices formed to develop specifications, procedures, and other requirements in the hazardous waste contract. The Committee assists the Contract Administrator with management of the contract after award This committee also advises on other environmental service contracts and policies.

Lamps means all lamps used by the State, particularly those containing mercury and , including, but not limited to: fluorescent, incandescent, compact fluorescent, CFL, LED, Shattershield, powergroove, high intensity discharge, flood, halogen, mercury vapor, metal halide, high pressure sodium, ultraviolet, black light and neon.

LED lamp - for the purposes of this bid, ‘LED’ and ‘LED lamp’ shall be used interchangeably. An LED lamp is a light-emitting diode (LED) product that is assembled into a lamp (or light bulb) for use in lighting fixtures.

MBE means Minority Business Enterprise.

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

Minority Business Enterprise (MBE) means a business that has been certified under s. Comm 105.14, 105.21, or 105.23

Municipality is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.).

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

On-site processing means the processing or treatment of hazardous wastes at the pick-up location.

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

PCB-containing Ballasts - (includes all leaking ballasts).

PCB’s in all other media and equipment – including but not limited to: transformers, capacitors, electronic components, coolants, lubricants, additives, cutting oils and hydraulic fluids.

Process Residuals means any material that is not the primary material reclaimed or recycled from the lamps or lamp ballasts. Residuals may include, but are not limited to plastic, incinerator ash, and materials from recycling and reclamation processes that are disposed to a landfill.

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

Reclamation is the process to recover a usable product as defined by 40CFR261.1(c)(4) and NR661.01(3)(d), Wisconsin Administrative Code.

Recycle is material reuse or reclamation as defined by 40CFR261.1(c)(7) and NR661.01(3)(g) Wisconsin Administrative Code.

Retort means to treat material with sufficient heat to separate and recover the mercury.

RCRA means the Resource Conservation and Recovery Act.

RFB means Request for Bid.

Shall means a requirement is mandatory.

Should means non-mandatory but desirable.

State or State of Wisconsin means 1) Department of Administration, Bureau of Procurement for contract administration, and 2) any State facility, institution, and any University of Wisconsin (UW) System facility for purposes of liability and provision of services.

State Holidays are New Year’s Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, Christmas Day and New Year’s Eve Day.

Subcontractor means any contractor or firm working for the contractor, directly or indirectly, and involved in the testing, transport, handling of any material covered by this contract.

Transportation Pickup Fee means the fee charged by contractor at each requested stop to pick up wastes.

TSCA means Toxic Substances Control Act of 1976; 15 U.S.C. §2601 et seq.

TSDF means Treatment, Storage and Disposal Facilities. A TSDF is a Waste Management Site utilized for the Treatment, Storage and Disposal of hazardous wastes.

Universal Waste means hazardous wastes that are subject to the universal waste requirements as described in NR 673.02 – NR 673.05 (batteries, thermostats, lamps) as well as sealed Mercury-Containing Equipment. (Antifreeze is not included in this contract.)

USDOT means United States Department of Transportation

Waste Generation Location is a State or municipality operated facility generating waste that shall be managed under this contract.

Waste Management Site is defined as any facility where waste is stored, processed, recycled, transferred, treated and /or disposed. Waste Management Sites utilized for this contract shall have all needed Local, State and Federal permits and certifications required to operate. The State reserves the right to inspect, audit, approve or reject any waste management site.

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

WDNR means Wisconsin Department of Natural Resources.

1.0 INTRODUCTION AND PURPOSE:

1.1 PURPOSE OF THE REQUEST FOR BIDS:

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for Lamp, Ballast, Mercury-Containing Equipment and Battery Recycling, and PCB Disposal Services. It is the intent of the state to award one contract to service the entire state.

The State as represented by its Department of Administration intends to use the results of this process to award a contract for all its agencies and institutions, including the University of Wisconsin System campuses, and Wisconsin municipalities. Other states may be eligible to participate on this contract if agreeable to contractor.

1.2 REASONABLE ACCOMMODATIONS:

The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/vendor conference, contact David Teske at 608-264-9590 (voice) or Email to david.teske@wisconsin.gov .

1.3 SCOPE:

The contract(s) that result from this RFB may be utilized by agencies at the State, County, or Local levels of Government collectively referred to as “Users”. The use of this contract shall be mandatory for all lamps and PCB containing ballasts, for all state agencies. User delivery locations are located throughout the State of Wisconsin. Major agencies participation in this contract include: Department of Administration (DOA), Department of Corrections (DOC), Department of Natural Resources (DNR), Department of Transportation (DOT), Department of Health Services (DHS), University of Wisconsin System (UW), and the remaining agencies including Wisconsin municipalities.

Awarded contractor(s) shall provide packaging, marking, labeling, pickup, transportation, storage, recycling and disposal of the wastes listed in Section 4 and their by-products in accordance with all federal, state and local regulations. No on-site processing allowed. Pesticides, antifreeze and elemental mercury are not included in this RFB. The State offers no guarantee of a minimum spends on the contract resulting from this RFB. Materials covered by this contract shall include:

· Lamps

· Non PCB-containing Ballasts

· PCB-containing Ballasts

· PCB’s in all other media and equipment

· Rechargeable batteries

· Non-rechargeable batteries

· Mercury containing equipment

Chart of Mandatory vs. Elective Use of Contract by Agencies

Mandatory vs. Elective Agency Use of the Contract

1.4 OVERVIEW OF PROCURING AGENCY:

The Department of Administration performs administrative and executive functions for the State of Wisconsin. The DOA State Bureau of Procurement shall administer the contract for statewide use by all state agencies, University of Wisconsin (UW) System campuses and municipalities which results from this RFB.

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 David Teske at david.teske@wisconsin.gov .

1.5 CONTRACT TERM:

The contract will be for one, two-year period with three one-year renewals possible by mutual consent.

1.6 BIDDER QUALIFICATIONS:

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

1.6.2 Before the award of any Contract, the contract manager and the 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 contract manager with these qualifications by submitting appropriate documentation and/or through references (see Vendor Reference form DOA-3478).

1.6.3 Upon request, before award, contractor shall submit, within five (5) business days, the following:

· Copies of all permits and licenses noted in 4.1.

· A Processing Flow Diagram for all wastes listed in section 1.2, and their by-products. The diagram shall indicate, in detail, all aspects of the handling, recycling, and disposal process including the facility EPA ID number for TSCA related and hazardous and universal waste activities (federal and state as appropriate) of the bidder.

· A copy of contractor’s emergency plan. This written plan shall detail how contractor shall manage spills, leaks and breakage that occur during handling, loading and transportation.

· A corporate organization chart detailing positions, contact information (phone numbers and e-mail addresses) and levels within organization of all staff (e.g., key personnel, field teams, and administrative support staff) directly involved with the contract.

1.6.4 All waste management sites shall have all appropriate permits, licenses, certifications and approvals to perform waste handling and management under this contract.

1.6.5 The bidder, prior to the State awarding the contract, is required to substantiate its financial stability. The bidder shall submit for each of the past 3 years, complete audited financial statements, including an independent auditor's opinion letter, balance sheet, statement of operations, and the auditor's complete notes to the financial statements. Similar information may be requested for waste management sites that the bidder is proposing to use. The State may request additional reports on financial stability as deemed appropriate to further substantiate the bidder’s financial stability. These submittals are subject to approval by the State Controller's Office.

1.7 METHOD OF AWARD:

Award shall be made to the lowest responsive, responsible bidder or bidders, based on the lowest TOTAL COMBINED COST. The TOTAL COMBINED COST shall be the sum of the Total Cost of all four zones of the state. It is the intent of the state to award one contract for the entire state. The State reserves the right to make multiple awards as determined to be in the best interest of the State. The State also reserves the right to make no award. Responses received without pricing shall be rejected.

1.8 VENDORNET REGISTRATION:

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors 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 VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

1.9 VENDOR CONFERENCE

No vendor conference will be held for this RFB.

2.0 BID PROCEDURES AND INSTRUCTIONS:

2.1 METHOD OF BID: Vendor shall submit an original, marked as such, and one copy, marked as such, and one electronic copy of all materials required for acceptance of their bid. The electronic copy may be either a CD disk or a USB flash drive. The electronic copy of the Cost Sheet shall be in an unlocked, Excel spreadsheet format.

Elaborate bids (e.g., expensive artwork) beyond that sufficient to present a complete and effective bid, are neither necessary nor desired. Do NOT copy and submit the entire Request for Bid.

Bids shall be submitted to:

USPS ADDRESS COMMON CARRIER ADDRESS

All bids shall be packaged, sealed, and show the following information on the outside of the package:

Vendor's Name and Address Request for Bids Title: Lamp, Ballast and Battery Recycling Request for Bid Number: 28134-DT Bid Due Date: August 8, 2014 at 2:00pm CST

Bids shall be received by the above office no later than 2:00p.m. CT on, August 7, 2014. All bids shall be date and time-stamped in by the State Bureau of Procurement Office on or prior to the stated opening date and time. Bids time-stamped after the deadline shall be considered late and shall be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by the Bureau of Procurement for purposes of this RFB.

The Department of Administration has established new building security policies and procedures at the 101 East Wilson Street address in Madison. There is a security checkpoint in the first floor lobby. All visitors are required to provide current identification and sign in for a visitor’s pass. Security personnel shall call the intended state employee prior to the visitor being allowed to proceed to their destination in the DOA building.

This new policy shall affect the timing for hand-deliveries of bids, bids and other time-sensitive packages. However, properly credentialed package delivery couriers (e.g. UPS, FedEx, etc.) shall be allowed to proceed without obtaining a pass. If you intend to hand-deliver your bid or bid, please plan additional time to account for the security process to be completed. Packages cannot be date/time stamped at the security desk on the lobby level and security personnel shall not sign for deliveries; the package shall be date/time stamped by the office identified in the bid/bid. The bid due date and time shall not be adjusted to accommodate tardiness due to the new processes, nor shall any exceptions to the due date and time be made. The State is not responsible for deliveries that do not reach their destination by the required due date and time.

2.2 CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

2.3 FORMAT OF BID:

Vendors responding to this RFB must comply with the following format requirements:

a) SIGNED REQUEST FOR BID SHEET: Include here the signed Request for Bid sheet included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must 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.

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 will 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 will 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.

(b) STATE OF WISCONSIN TERMS AND CONDITIONS: These standard and supplemental terms and conditions shall govern this bid and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. 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 bid. 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.

(c) ADDITIONAL INFORMATION: Include here the completed Vendor Data Sheet and Vendor Reference Data Sheet and any other forms required in the bid. Include all additional information that will 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.

(d) COST INFORMATION: Provide cost information on Cost Sheet – Attachment B included in this RFB. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB must be included.

(e) REQUIRED FORMS: The following forms must be completed and submitted with the bid in accordance with the instructions given in Section 2.3. Blank forms are attached.

· Request for Bid form DOA-3070 (Page 1)

· Designation of Confidential and Proprietary Information DOA-3027 (Page 33)

· Wisconsin’s Cooperative Purchasing Service Agreement DOA-3333 (Page 34)

· Vendor Information form DOA-3477 (Page 35)

· Vendor Reference form DOA-3478 (Page 36)

· Bidder Response Form

· Cost Sheet - Attachment B

2.4 MULTIPLE AND JOINT BIDS: Multiple bids from a vendor will be permissible; however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids. Joint bids are acceptable.

2.5 INCURRING COSTS: The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.6 QUESTIONS: Any questions concerning this RFB must be submitted in writing on or before 2:00 pm July 15, 2014, to: Email: david.teske@wisconsin.gov .

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFB document.

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 VendorNet.

Any contact with State employees or administrative appointees concerning this RFB is prohibited, except as authorized by the contract manager during the period from date of release of the RFB until the notice to contract is released. Violation of this condition may be considered sufficient cause for rejection of a bid, irrespective of any other conditions. The current contractor may contact appropriate State personnel working directly in the performance of its current existing contract.

Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

2.7 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

2.8 Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid in writing at any time up to the bid closing date and time or upon expiration of five (5) working days after the due date and time if received by the RFP contract manager. To accomplish this, the written request shall be signed by an authorized representative of the proposer and submitted to the RFP contract manager. If a previously submitted bid is withdrawn before the bid due date and time, the proposer may submit another bid at any time up to the bid closing date and time.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD:

3.1 BID OPENING: Bids will be opened on August 8, 2014 at 2:00pm CST in Madison, at 101 E. WILSON ST., 6th floor. Names of the bidders may be read aloud at that time.

3.2 BID ACCEPTANCE: Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor's financial stability and if financial stability is not substantiated may reject a vendor's bid. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB.

3.3 BID EVALUATION: Bids will be evaluated by the Department's procurement specialist and program manager to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of Wisconsin.

Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m).

3.4 NOTIFICATION OF INTENT TO AWARD: Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's intent to award the contract(s) as a result of this RFB.

After notification of the intent to award is made, and under the supervision of agency staff, copies of bids will be available for public inspection 8:30 a.m. to 4:30 p.m. at 101 E. Wilson St., 6th floor, Madison WI. Vendors should schedule reviews with David Teske at 608-264-9590 to ensure that space is available for the review.

3.5 APPEALS PROCESS: Under section Adm10.15 of the Wisconsin Administrative Code, any Proposer (and certain other parties) aggrieved by the solicitation or Notice of Intent to Award a Contract issued under this RFB may protest to the procuring agency. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. A notice of intent to protest shall be submitted in writing to the head of the procuring agency, or designee (to avoid the appearance of a conflict of interest, the designee shall be a non-purchasing staff member), within five (5) working days after issuance of the notice of intent to award a contract. The protest shall be submitted in writing to the head of the procuring agency, or designee, within ten (10) working days after issuance of the notice of intent to award a contract.

The Notice of Intent to Protest shall be in writing and shall be served upon DOA in person or by certified or registered mail, return receipt requested to Rick S. Hughes, State Bureau of Procurement director at the following address:

USPS ADDRESS COMMON CARRIER ADDRESS

No electronic submission (email or text) of any appeal shall be accepted by DOA. The Protest shall be as specific as possible and shall identify statues, administrative rules or procedures that allegedly have been violated.

The protestor may appeal the decision of the procuring agency to the Secretary of the Department of Administration within five (5) working days of issuance of the decision, with a copy of such appeal filed with the procuring agency, if the protestor alleges a violation of a statute or a provision of a Wisconsin Administrative Code. The agency shall be notified immediately if an appeal is received. The Secretary shall take necessary action to settle and resolve the appeal and shall promptly issue a decision in writing to the individual appealing and the procuring agency.

4.0 MANDATORY TECHNICAL REQUIREMENTS:

All requirements in this section are mandatory. Failure to meet a mandatory requirement shall disqualify your Bid. However, the Department of Administration reserves the right to waive any requirement if no Bidder is able to satisfy that requirement.

0. GENERAL TECHNICAL SPECIFICATIONS:

0. Bidder shall pickup wastes from all locations within all four zones. (See Attachment A – Zone Map).

0. Contractor shall, at all times, operate in a safe and legal manner in accordance with all applicable local, state and federal regulations, including those of all states where the wastes listed in section 1.2 and their by-products are processed and/or transported.

0. Bidder shall have all required local, state and federal licenses and permits to operate a business to pick up, transport, store, recycle, process and dispose of wastes.

0. Bidder shall be licensed in Wisconsin as a hazardous waste transporter per NR 157.03(2)(b), and shall meet licensing requirements for other states through which waste PCB or their byproducts may be transported.

0. Bidder assumes responsibility for the management and required distribution of all Certificates of Destruction and Certificated of Recycling as mandated by local, state and federal regulations.

0. The contractor shall submit, upon request by the Bureau of Procurement, copies of their Wisconsin hazardous waste transporter’s license and their PCB facility license as specified by 40 CFR 760.60(e).

LAMP RECYCLING REQUIREMENTS:

4.2.1 When possible, all glass, aluminum, copper shall be recycled for future reuse.

4.2.2 Calcium phosphate powder shall be retorted to remove mercury to the extent possible, and then recycled if there is a market or use. Calcium phosphate powder may not be used as a soil additive.

4.2.3 Contaminated glass, aluminum and copper shall be retorted to remove mercury.

4.2.4 Elemental mercury recovered through the retort process for reuse.

4.2.5 This contract requires the recycling of all fluorescent lamps. There shall be no exceptions for lamps that have passed the Toxic Characteristic Leaching Procedure (TCLP).

4.2.6 Processing of waste lamps shall take place within a building with environmental and safety controls that properly control discharges to the environment and provide adequate worker protection in accordance with state and federal regulations.

4.2.7 These items and the materials they contain (mercury, lead or other heavy metals) shall be recycled, but only at sites approved by the State’s Hazardous Waste Management Standards Committee.

NON PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS:

Ferrous and non-ferrous metals shall be recycled or reclaimed. Although contractor(s) shall provide recycling service for this product category, state agencies are not required to recycle non PCB-containing ballasts at this time.

PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS:

4.2.8 Ferrous and non-ferrous metals shall be recycled or reclaimed. Bidder shall meet all applicable regulations for the transport, storage, processing, and recycling of PCB ballasts and by-products. This includes notification to EPA of TSCA-related activities and acquisition of their own EPA ID number.

4.2.9 The bidder shall submit, upon request, copies of their Wisconsin hazardous waste transporter’s license, and their PCB ballast processing permit as specified by 40 CFR 761.60(e).

4.2.10 PCB containing wastes generated by the State and those generated through the processing and reclamation of ballasts shall be incinerated at a TSCA permitted incinerator.

4.2.11 The State reserves the right to approve, or disapprove, all waste management sites utilized by the contractor.

4.2.12 Contractor shall provide to the Designated Agency Representative or their designee Certificates of Destruction from the PCB waste incinerator.

4.2.13 If contractor is acting as a broker, contractor shall ensure that the incinerator provides the Certificate of Destruction directly to the Designated Agency Representative or their designee.

4.2.14 This includes all leaking ballasts, whether or not they are PCB-Containing.

PCB’S FROM OTHER MEDIA AND EQUIPMENT REQUIREMENTS:

4.2.15 The contractor shall meet all applicable regulations for the transport, storage, processing, and disposal of PCB wastes and residuals. This includes notification to EPA of PCB activities and possession of their own EPA ID number.

RECHARGEABLE BATTERY RECYCLING REQUIREMENTS:

4.2.16 When possible, all steel or other metallic materials shall be recycled for future reuse.

4.2.17 Processing of waste rechargeable batteries shall take place within a building with environmental and safety controls that properly control discharges to the environment and provide adequate worker protection in accordance with state and federal regulations.

NON- RECHARGEABLE BATTERY RECYCLING REQUIREMENTS:

When possible, all steel or other metallic materials shall be recycled for future reuse. (Note: State entities are not required to recycle non-rechargeable batteries at this time).

MERCURY CONTAINING EQUIPMENT RECYCLING REQUIREMENTS:

Elemental mercury removed from mercury containing equipment or recovered through the retort process shall be reused. Processing of mercury containing equipment shall take place within a building with environmental and safety controls that properly control discharges to the environment and provide adequate worker protection in accordance with state and federal regulations.

MANDATORY PERFORMANCE REQUIREMENTS:

All requirements in this section are mandatory. Failure to meet a mandatory requirement shall disqualify your Bid. However, the Department of Administration reserves the right to waive any requirement if no Bidder is able to satisfy that requirement.

5.1 APPLICABLE LAWS:

The bidder shall be responsible for compliance with all applicable laws, rules, regulations and standards. All material, equipment and supplies provided shall comply with all laws, rules, regulations and standards applicable in the state (as well as any other states) through which wastes are transported, recycled, treated, stored, and disposed. The bidder shall implement engineering controls or work practices that ensure no contamination of work area or excess human exposure.

5.2 CONTRACTOR RESPONSIBILITY:

The bidder shall assume full and complete responsibility for the competency, judgment, and actions of its employees at all times and the State shall not assume and shall be under no obligation whatsoever for the same. The bidder shall be solely responsible for the actions of and damage or destruction caused by its employees to any State equipment, buildings, premises, or equipment or facilities leased, loaned and/or in the care, custody and control of the State.

5.3 CONTRACTOR LIABILITY:

5.3.1 Contractor is fully liable for injury to any person at any site for which the contractor is responsible. When applicable, the bidder shall provide warning devices and signs, which shall be prominently displayed and be in full compliance with applicable laws, rules, regulations and standards.

5.3.2 The bidder shall be held responsible for compliance with all applicable regulations and safe work practices. All services, equipment and supplies provided to the State shall comply with all applicable laws, regulations, rules and standards in the States through which wastes are transported, and managed.

5.4 TRAINED PERSONNEL:

5.4.1 Contractor shall provide competent and proficiently trained personnel to package, label, transport and manage wastes. Personnel shall be of sufficient number and understand chemical hazards and commonly used nomenclature, and have working knowledge of the requirements of all applicable regulations. If the bidder uses a subcontractor's personnel, subcontractor's personnel shall be provided in sufficient number and have sufficient training to meet all applicable regulations. Personnel providing service within the secure perimeter of Departments of Corrections facilities and Health Services facilities shall not be on probation or parole.

5.4.2 Bidder and subcontractor employees shall have satisfactorily completed occupational safety training and environmental practices training prior to providing service under this contract. Training shall include the following major topics:

· Specific characteristics of hazardous chemicals and waste with emphasis on mercury and PCBs.

· Mercury spill response.

· The general purpose and scope of the Community and Employee Right-To-Know laws.

· The intent and scope of RCRA and TSCA

· Recommended transportation, handling and storage procedures for hazardous chemicals and wastes with emphasis on mercury-containing equipment and PCBs.

· Emergency response procedures and site-specific contingency plans.

· Packaging requirements for mercury wastes and mercury devices.

· Labeling requirements for mercury and PCB wastes

· Operation of waste reduction, material recovery and metals refining equipment.

· Identification of unsafe operating conditions and utilization of personal protective equipment.

· Spill control and loss prevention methods.

· OSHA regulations for general employee safety.

5.5 WORK APPROVAL:

Contractor shall not perform any work without the approval of the Designated Agency Representative or his/her designee.

5.6 SERVICE LOCATIONS:

Contractor shall pickup wastes from all locations within all four Zones as identified in Attachment A – Zone Map.

5.7 PICKUP SCHEDULING:

5.7.1 It is expected that the majority of the wastes picked up under the contract awarded as a result of this RFB shall be lamps and ballasts. However, the awarded contractor shall pick up all wastes at the time of a scheduled pickup.

5.7.2 The pickup of wastes shall be scheduled upon request of a Designated Agency Representative or their designee. The pickup request may include a list of all wastes to be picked up with quantities, container sizes and types, and the condition of all wastes. Contractor shall review the request and notify the designated agency representative of any conditions that may require special handling or create problems or delays in waste management services. Within three business days of receipt of a request for waste pickup by a designated agency, contractor shall notify requesting agency of pickup date and time. Pickup of these wastes shall occur within ten business days of request from designated agency, on a mutually agreed upon date and time.

5.7.3 Pickup of these wastes shall occur during normal business hours (Monday through Friday, between 8:00 AM and 4:30 PM), with the exception of state holidays. When the Designated Agency Representative requests pickup outside normal working hours, overtime rates are allowed to be applied by contractor; however, if awarded contractor requests pickup outside normal working hours, no overtime rates can be assessed by contractor.

5.7.4 The contractor shall notify the designated agency of any change of the waste pickup time at least two hours prior to the scheduled pickup time. The contractor shall notify the designated agency of any change of the waste pickup day at least two days prior to the scheduled pickup day. Any changes to pick up schedule by contractor shall be agreed to by the designated agency.

5.7.5 If scheduled pickups are postponed by the contractor and result in regulatory limits being exceeded, contractor is responsible for all costs associated with handling and removal of those wastes to meet regulatory limit requirements.

5.8 COST ESTIMATES

5.8.1 The contractor shall, at the request of the Designated Agency Representative, provide a detailed cost estimate for each shipment. This estimate shall be received by the designated agency representative within 7 days of the receipt of waste information (quantity, type of PCB waste, and container sizes and types) from the designated agency representative. Contractor shall honor any cost estimates it provides unless waste is found to be non-conforming or additional waste is offered on the day of the shipment.

5.8.2 Upon request from an agency representative or designee, the contractor shall provide empty collection containers that are properly rated to ship the various types of wastes, in accordance with the needs of each customer. As part of their response to this RFB, each bidder shall provide unit pricing for various empty collection containers. (See Cost Sheet 5, Attachment B)

5.8.3 The State reserves the right to furnish its own shipping containers as long as those containers are appropriately rated to contain and transport wastes.

5.8.4 Upon agency request, the contractor shall deliver containers on the date of a scheduled pickup. For containers delivered by contractor’s truck, at the time of a scheduled pickup, there shall be no delivery charge to the agency.

5.8.5 Upon request from an agency representative or designee, the contractor shall provide empty collection containers that are properly rated to ship the various types of wastes, in accordance with the needs of each customer. As part of their response to this RFB, each bidder shall provide unit pricing for various empty collection containers. (See Cost Sheet 5 – Attachment B)

5.9 CONTAINERS:

5.9.1 The State reserves the right to furnish its own shipping containers as long as those containers are appropriately rated to contain and transport wastes.

5.9.2 Upon agency request, the contractor shall deliver containers on the date of a scheduled pickup. For containers delivered by contractor’s truck, at the time of a scheduled pickup, there shall be no delivery charge to the agency.

5.9.3 Upon request from an agency representative or designee, the contractor shall provide empty collection containers that are properly rated to ship the various types of wastes, in accordance with the needs of each customer. As part of their response to this RFB, each bidder shall provide unit pricing for various empty collection containers. (See Cost Sheet 5, Attachment B)

5.9.4 Upon agency request, contractor shall ship containers to agency location via third party shipping company. For containers shipped commercially, contractor is allowed to apply a freight charge to the agency. However, the contractor shall not markup the freight charge to the agency. For verification purposes, the state reserves the right to request a third party invoice that shows contractor’s cost for shipment of containers.

5.10 PACKAGING AND LABELING:

5.10.1 The generators of wastes may package those wastes according to all local, state and federal regulations. However, contractor bears full responsibility and liability for packaging, handling and transportation of wastes per all governing regulations.

5.10.2 If wastes are not packaged in accordance with all required regulations, contractor shall, with Designated Agency Representative approval, re-package wastes to meet required regulations. Contractor may add a labor charge for re-packaging wastes to the pickup day invoice only.

5.10.3 Upon request from…