22, 7-5 Final Solar RFP.pdf

Namekagon Transit

Sawyer County / Lac Courte Oreilles Transit Commission

DBA

Namekagon Transit

Karen Melasecca

Transit Manager

14760 County Road B

Hayward, WI 54843

715-634-6633 x224 karen@namekagontransit.com

REQUEST FOR PROPOSAL

Design - Build

Solar PV System Services

July 2022 mailto:karen@namekagontransit.com

Introduction

Namekagon Transit is soliciting proposals from qualified solar PV (solar) providers to design, build a ground-mount solar photovoltaic project at the site address. Respondents shall have demonstrated experience designing, planning, scheduling, permitting, and constructing complete solar electric systems, have relationships with/knowledge of local utilities, provide project financial analysis and rebate support, providing system monitoring capacity, warranty maintenance, and have established onsite safety standards.

General Conditions

1. Each respondent is responsible for reviewing and understanding all terms of this Request for Proposal. Failure to thoroughly examine or request clarification on RFP terms may result in disqualification.

2. Any bid may be withdrawn at any time prior to the due date with a written request signed by the authorized respondent representative. Revised proposals may be submitted up to the original due date/time.

3. Issuance of this RFP and receipt of proposals does not commit Namekagon Transit to move forward with an award or complete the project described. Namekagon Transit reserves the right to postpone the RFP award process, to accept or reject any or all proposals received in response to this RFP, and to modify the scope of the project at any time.

4. An award under this RFP may not be based solely on the lowest price but will be made to the respondent with the overall best value proposal. The successful proposal will meet the project site design guidelines and provide service level acceptable to Namekagon

Transit.

5. Bid proposals shall remain valid for 60 days after private opening of the proposals. If

Namekagon Transit decides to move forward with a certain bid, contract will be executed in the 60-day timeframe or contractors will be allowed to revise pricing.

6. Upon award, successful respondent shall secure all appropriate licenses to complete the scope of work included in this RFP.

7. Successful respondent will enter into a formal agreement with Namekagon Transit.

RFP Schedule The schedule for this RFP is as indicated below. It may be modified at the discretion of Namekagon Transit. An addendum will be issued in the event of any scheduling changes.

Project Milestone Date/Time

RFP Advertised/released July 6, 2022

Optional Site Walk/Pre-Proposal Conference July 13, 2022 at 10:00AM

Requests for Information (RFIs) Due July 20, 2022

Answers to RFIs distributed July 22, 2022

Notice of Intent to Submit Proposal July 26, 2022

Proposal Due August 5, 2022 at 1:00PM

Notice of Intent to Award August 12, 2022

Fully Executed Contract August 15, 2022

Project Notice to Proceed August 16, 2022

System Operation Date October 30, 2022

Optional Site Walk

Optional pre-bid meeting and site walk are scheduled for July 13, 2022, at 10 a.m. All interested firms may attend the site visit. Participants will meet at Namekagon Transit location at 14760 County Rd B, Hayward WI at the time stated. Please submit questions via email to Transit Manager, Karen Melasecca, karen@namekagontransit.com by July 20,2022. Responses to questions will be shared with all bidders.

Notice of Intent to Submit Proposal

Respondents must present their notice of intent to submit a proposal to Transit Manager, Karen Melasecca, karen@namekagontransit.com by July 26, 2022, to ensure receipt of all addendums and other project documents. Addendums to this RFP based on submitted technical questions, along with changes to the proposal schedule, will be issued via email.

RFP Submission Guidelines

Electronic and hard copy shall be submitted.

Selection Process

Depending on the number and quality of the proposals received, Namekagon Transit reserves the right to either select a vendor or shortlist two to three companies. Shortlisted companies will be asked to meet with Namekagon Transit to present their proposal to the decision team and answer any outstanding questions.

Project Background

Objective

Namekagon Transit interest in pursuing solar photovoltaic projects reflects the following prioritized goals:

1. Offset or reduce grid electricity use/electricity bills

2. Meet company long term sustainability goals / minimize company impact on the environment

Company Background

Namekagon Transit provides public transportation services to the Wisconsin counties of Sawyer, Washburn, Barron, southern Bayfield, and the Lac Courte Oreilles Reservation. Operations are independently managed and overseen by a governing body consisting of Sawyer County elected officials and Lac Courte Oreilles Tribal Governing Board representatives. The Transit complex consisting of office, shop and parking were developed in 2013.

Project Description

The project site is located at: 14760 County Road B, Hayward, WI.

• Description of Site: Namekagon Transit has identified the location available for solar development. Existing plans for the subject building/facility/property are included as Exhibit A.

• Desired System Size: The solar system shall be comprised of an array of photovoltaic panels and electrical equipment components generating a maximum of 20 KW (per utility provider specifications).

• Description of Desired Solar System: Ground mount system with bifacial solar panels.

Inverter system with grid tie and battery backup capacity. An appropriate fencing system with locked gates.

• Project Financing: Cash purchase.

• System Ownership Information: Namekagon Transit will own the installed system.

• Operation & Maintenance: The selected Company will provide security fence system and maintenance services for the warranted life of the system

• Monitoring – The selected Company will provide system monitoring capabilities compatible with Namekagon Transit computer systems.

Scope of Work Namekagon Transit is soliciting proposals from qualified solar providers to provide design, build services for the installation of a ground-mount solar photovoltaic project at the site address. The goal of this RFP is to identify a solar partner with the necessary experience to ensure a fully operational and well executed process. The successful respondent will have demonstrated experience designing, planning, scheduling, permitting, and constructing, and interconnection of a solar PV system. Contractor is responsible for all permitting. Respondents must have worked with utility distributed generation regulations, provide project financial analysis, and have established onsite safety standards. The most important things to Namekagon Transit include:

Design Guidelines Contractor should consider the following guidelines when designing the solar system.

Ground-Mounted Solar The contractor shall develop a design for a new photovoltaic system. The identified location needs to be utilized. It is the responsibility of the contractor to assess site topography and geotechnical attributes to estimate costs related to project installation. American sourced materials will be given preference. Namekagon Transit is responsible for site preparation and securing any environmental permits necessary to install a ground-mounted system.

• Mounting system shall be directly anchored into the ground (driven piers, concrete footers, ground screws, etc.). Mounting system design needs to meet applicable local building code requirements with respect to snow, wind, and earthquake factors.

• Mounting system shall optimize bifacial panel attributes or approved equal.

• Panels’ orientation or azimuth shall be within 20-30 degrees of due south.

• Panels’ tilt shall be based on site latitude and wind conditions.

• All lines interconnecting solar arrays to point of interconnection shall be underground.

Code Specifications All power generation and transmission equipment must be UL listed for its designed use.

Construction must comply with current adopted State Building Code, which includes International Building Code, National Electric Code (NEC).

• Modules: System modules shall be UL1703 listed, and CEC-listed

• Inverters: Shall be UL1741 listed and must be CEC-listed with an efficiency of 95% or higher

Contractor Responsibilities The final design package and documents shall include the following but are not all required in the proposal stage. Please reference the proposal requirement section for detailed bid submission requirements:

• Description of the solar system

• Construction documents and system sizing calculations that meet the PV production goal and are signed and sealed by a qualified photovoltaic professional.

• Layout drawing of installation site providing location of all equipment

• Equipment details and specifications

• Schedule for equipment procurement and installation

• Description of how Jump River Electric Cooperative grid interconnection requirements will be met

• Description of controls, monitors, and instrumentation to be used for the solar system

• Equipment and installation manuals

• Safety plan

• Quality control plan

• Operations and Maintenance manuals for system operations and performance monitoring over the life of the contract

• Close out report including the following information: system nameplate size, the overall installed cost of the system and estimated annual kilowatt hour (kWh) production.

Warranties The solar provider’s standard system warranty coverage should cover modules, inverter, racking, and workmanship.

Modules: 25-Year Power Output & 10 Workmanship Limited Warranty

• Inverter: 10-Year Limited Warranty, Provide a price and/or plan for inverter replacement in year 11 and beyond

• Racking: 10-Year Limited Warranty priority

• Workmanship: 1 Year Limited Warranty

System Monitoring Namekagon Transit will favor a proposal that includes a turnkey monitoring system that can be integrated into the Namekagon Transit computer system.

Operation and Maintenance of System

Namekagon Transit will own the system, prior to system start-up, the successful respondent shall supply Namekagon Transit two copies of all Component Product Data and Component Operation and Maintenance manuals. The information shall be sufficient for Namekagon transit to evaluate and ensure appropriate O&M is being completed over the life of the system. Examples of components include solar panels, conduit, inverter, net metering equipment, etc. Project as-builts that detail location of all above and underground utilities and components shall be submitted within 30 days of system start-up.

Proposal Requirements Please provide 1 original copy, thumb drive with electronic files and an email response to Namekagon Transit Manager, Karen Melasecca.

Please print double sided on recycled paper. Hard copies must be delivered to the Namekagon Transit Manager no later than August 5, 2022, by 1:00 pm. Proposals received after this time will be returned to the respondent un-opened. Proposals will not be considered for award unless submitted in the format described below. It is the responsibility of the respondent to ensure that the submittal is received in a timely manner. Fax proposals will not be accepted. Hard copy proposal must be submitted to the following address:

Karen Melasecca Transit Manager

14760 County Road B

Hayward, WI 54843

Proposal Format Please include the following sections in your proposal submittal in the following order.

• Cover/Transmittal letter: Cover letter must be addressed to Namekagon Transit and signed by a legally authorized representative of the respondent. Cover letter must summarize key provisions of the proposal and must include name, address, phone, and email of the respondent contact.

• Executive Summary: Include key provisions of the proposal, including understanding of Namekagon Transit goals, pricing, respondent’s role on project, brief description of proposed system, relevant experience of respondent/company, and key timeline dates.

• Company Profile: Years in business, description of respondent/company background, applicable state licensing, OSHA background and safety protocol, Insurance, Quality Assurance/Quality Control documentation.

• Project Experience: Include projects completed in the last 3 years similar in scope and size to the proposed project. Include project name, system size, location, and brief 2-3 sentence project description. Highlight companies permitting and interconnection experience with local utility.

o References: Provide 3 project references with direct client phone numbers.

• Project Team: Organization chart and bios (length of time with firm, key projects, NABCEP certifications) of key team members, capability to perform work/workload capacity.

Please only profile individual that will directly be working on this project. Clearly identify the project manager.

• Technical Solution/Scope of Work: Describe your technical approach to the design and construction of the solar project including:

o Technical Approach, Design, Equipment, Installation

▪ Panel, inverter, racking specifications, country of origin.

▪ Equipment and workmanship warranties

▪ Security fencing plan and specifications.

o Exhibits showing proposed layouts and system single line diagrams o PVSYST Report indicating production of the proposed system o Proposed monitoring system/solution o Operations & Maintenance Plan offered for the project. Please price O&M plan separately from cash purchase option

• Safety – Please include a brief description of the safety practices of your firm, as well as the OSHA Reporting Indicators for the last 3 years.

• Proposed Schedule – Identify key project milestones and include any necessary review periods for Namekagon Transit.

Evaluation/Selection Criteria:

Namekagon Transit will evaluate proposals according to the evaluation criteria below. Result of this step will be the identification of the selection of a proposal for negotiation of a contract.

Points will be awarded based on the relative merit of the information provided in the response to the solicitation. American made products will be given preference to the extent feasible.

Selection based on the total number of points awarded by the evaluation committee.

• Proposal Cost Effectiveness 35 points

• Technical Approach/ Implementation Schedule 30 points

• Company Qualifications/Project Experience 20 points

• Project team, team experience and approach 15 points

Namekagon Transit may elect to conduct interviews with selected respondents to ask questions or for more detail on the proposed project. Namekagon Transit reserves the right to seek supplemental information from any respondent at any time after official proposal opening and before award. This will be limited to clarification or more detail on information included in the original proposal. Upon acceptance of a proposal and intent to award, the successful respondent will be required to execute and return all required project documents and certificates of insurance within 14 days from the Notice of Award. Should the selected firm fail or refuse to execute the project documents, Namekagon Transit reserves the right to accept the proposal of the firm offering the next best value to Namekagon Transit.

Protests Protests. Irrespective of whether a bidder submits a protest before or after contract award, the protester must exhaust all administrative remedies with the procuring agency before pursuing a protest with WisDOT

Based on alleged apparent improprieties in a solicitation and violation of a statute or a provision of the Wisconsin Administrative Code, an intent to protest must be filed no later than five (5) working days after the notices of intent to award is issued. The protest must be filed with the procuring agency no later than ten (10) working days after the notice of intent to award are issued. In all other cases, protests must be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier.

Must be concise and logically presented. Notices of intent to protest and protests must be made in writing. 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. Failure to substantially comply with any of this provision may be grounds for dismissal of the protest.

Must include the following information:

• The protestor’s name, address, and fax and telephone numbers.

• Solicitation or contract number.

• Detailed statement of the legal and factual grounds for the protest, including a description of resulting prejudice to the protester.

• Copies of relevant documents.

• Request for a ruling by the subrecipient.

Shall be filed in writing to the procurement officer of the procuring agency. A copy of such documents must simultaneously be sent to the Transit Procurement

Manager, Wisconsin Department of Transportation, P. O. Box 7913, Madison, WI

53707-7913.

The procurement officer will issue a decision on the protest within 10 working days of receiving the written protest. A copy of the decision will also be provided to the

WisDOT Transit Procurement Manager.

If the bidder is not satisfied with the outcome following the review of the initial protest by the procuring agency, the bidder can pursue remediation directly with the

Wisconsin Department of Transportation (WisDOT). The WisDOT’s review will be limited to whether there were improprieties in the solicitation process or if there was a failure of the procuring agency’s procurement system.

If the protestor had alleged a violation of a statute and specific provision(s) of

Wisconsin Administrative Code and the decision of this formal process fails to resolve the complaint, the complainant, within five (5) working days of the issuance of that decision, may refer the matter to the Director, Bureau of Transit and Local Roads, Wisconsin Department of Transportation, P. O. Box 7913, Madison, WI 53707-7913 with a copy of such appeal filed with the Procurement Administrator.

RFP Exhibits

Exhibit A: Preliminary Solar Electric Site Assessment Report

Appendix

Appendix A. Solicitation Cover Sheet

Appendix B. Additional Bid Documents

Appendix C. Bidders List

Appendix D. Federal Clauses

RFP Exhibit A

Preliminary

Solar Electric Site Assessment Report

Sawyer County / Lac Courte Oreilles Transit Commission

DBA Namekagon Transit

14760 W County Road B

Hayward, Wisconsin 54843

Table of Contents

Company Profile Page 3

Company Information / Load Analysis Page 4

Site Profile / System Location Page 6

Balance of System Page 8

Photo Record

Figure 1

Street View

Figure 2 Site Location Page 6

Figure 3 Solar Array Location Page 7

Figure 4 Location View Page 7

Figure 5 Main Service Panels Page 8

Figure 6 Left Panel Nameplate Page 8

Figure 7 Right Panel Nameplate Page 9

Figure 8 Hoist Box Page 9

Figure 9 Vehicle Lift Box Page 10

Figure 10 Available Circuit Breaker Space – Right Panel Page 10

Figure 11 Potential Balance of System Location – Left Side Page 11

Figure 12 Potential Balance of System Location – Right Side Page 11

Figure 13 Solar Pathfinder Analysis Page 12

Figure 13 Unobstructed South View Page 12

Company Profile

Sawyer County / Lac Courte Oreilles Transit Commission

DBA Namekagon Transit

14760 W County Road B

Hayward, Wisconsin 54843

Lead Contact: Karen Melasecca

Transit Manager

Site Assessor: Mike Gardner

715-462-4775 mgardner@northflow.net

Figure 1 Street View South facing mailto:mgardner@northflow.net

Company Information

Electric Utility: Jump River Electric Cooperative, Inc.

Namekagon Transit’s motivation and interest in renewable energy includes but is not limited to:

o Reducing energy bills o Clean energy example o Energy independence o Emergency Response Capacity

Namekagon Transit is interested in a PV system: Direct Grid-tie with bifacial panels

Load Analysis

Namekagon Transit operates a small commercial three phase electrical system.

Average Annual Retail Small Commercial Electricity Rate: $0.11

The estimated annual KWh consumption is: 35,000 KWh

Estimated daily KWh consumption: 95.78 KWh

Year Jan.

kWh

Feb.

kWh

Mar.

kWh

Apr.

kWh

May kWh

June kWh

July kWh

Aug.

kWh

Sep.

kWh

Oct.

kWh

Nov.

kWh

Dec.

kWh

Total kWh

2021 3,520 3,760 2,960 2,560 2,400 2,880 2,960 3,040 2,720 3,200 3,360 4,160 34,960

2020 3,600 3,600 3,360 2,960 2,800 2,720 3,280 3,280 2,400 2,240 2,480 3,200 33,320

Namekagon Transit has made a concentrated effort to manage load and consumption. They have set back thermostats, replaced all shop lighting and parking lot lights with LED fixtures, as well as lowering water heater temperature to 102 degrees.

Site Profile

Namekagon Transit office, shop and parking facilities located at 14760 W County Road B are part of a complex owned by Sawyer County government. It is located between the Sawyer

County Fairgrounds and the County Highway Department. The proposed solar installation is not constrained by property lines but considerations for existing Fairground’s parking, stormwater runoff system and natural buffers have been considered in site selection.

Figure 2 Site Location

System Location

Namekagon Transit has selected a suitable location 150 – 200 feet from the northwest corner of the building. The proposed array location provides ample room for a ground mount system allowing full unobstructed southern exposure throughout the year. The highlighted area is approximately .14 acres (6098 sq ft) with a 336-foot perimeter. The location has potential to adapt to the needs of the system to be designed. The area is level and well drained by an existing waterway leading to the stormwater pond. Trenching will need to cross a portion of blacktop to access the existing electrical infrastructure located on the northside of the shop.

Figure 3 Array Location

Figure 4 Location View

Balance of System Location

Figure 5 Main Service Panels

Figure 6 Left Panel Nameplate

S

Figure 7 Right Panel Nameplate

Figure 8 Hoist Box

Figure 9 Vehicle Lift Box

Figure 10 Available CB space Right panel

Figure 11 Proposed BOS Location Left Side Option

Figure 12 Proposed BOS Location Right Side Option

Figure 13 Solar Pathfinder Analysis

Solar Pathfinder onsite shade analysis conducted March 21, 2022. Solar Pathfinder Assistant (5.3.3 software) Solar Site Analysis indicated no tracing was required to compute analysis of the selected ground mount site. There are no obstructions to the solar window.

Figure 14 Unobstructed South View

10/2017

APPENDIX A– SOLICITATION COVER SHEET

Instructions for Use

The Information to Bidders/Offerors Cover Sheet (Solicitation Cover Sheet) is intended as a means to provide bidders/offerors with essential information upfront concerning the procurement being solicited. It may be used for either Invitation for Bid (IFB) or Request for Proposals (RFP) procurements (that is, either sealed bid or negotiated procurements).

The Cover Sheet must be used with the appropriate IFB or RFP solicitation template

(Solicitation, Offer, and Award template).

The Issuing Agency (subrecipient) must insert the appropriate information including:

1. The solicitation number and whether the procurement is a sealed bid or negotiated procurement;

2. The solicitation closing date;

3. The address to which bids or offers must be sent or delivered;

4. Contact information for the individual who is responsible for the solicitation;

5. A brief description of the items or services being solicited; and

6. Key dates including any pre-bid or pre-proposal conference (if approved by

WisDOT), the last day for bidders/offerors to submit written questions, the solicitation closing date, the dates when evaluations are expected to begin and conclude, the anticipated award date, and the estimated contract start date.

10/2017

INFORMATION TO BIDDERS/OFFERORS

COVER SHEET

SOLICITATION NUMBER:

This procurement is a sealed bid procurement

This procurement is a negotiated procurement

THIS SOLICITATION CLOSES ON: . Sealed bids/offers must be submitted by this date and time. Include the pricing proposal in a separate sealed envelope identified as “Pricing Proposal.” Include the pricing proposal only with the proposal marked as

“Original / Procurement Administrator’s Copy.” Late bids or offers will not be accepted.

SUBMIT BIDS/OFFERS TO:

FOR INFORMATION ON THIS PROCUREMENT, CONTACT:

ITEMS OR SERVICES TO BE PURCHASED:

SIGNIFICANT EVENTS/DATES:

PRE-BID/PROPOSAL CONFERENCE (If scheduled)

LAST DAY TO SUBMIT QUESTIONS

BID OR PROPOSAL CLOSING DATE

EVALUATIONS BEGIN

NEGOTIATION PERIOD (RFP only)

EVALUATIONS COMPLETED

CONTRACT AWARD DATE

CONTRACT START DATE

Invitation for Bid Appendix G 11/2018

APPENDIX G – ADDITIONAL BID DOCUMENTS

Instructions for Use

This format should be used for all sealed bid (Invitation for Bid) or negotiated (Request for Proposals) procurements. The bidder/offeror must be sign and date the documents and have it notarized. The documents must be submitted with the bid/proposal and filed with the bid/proposal in the Procurement History File.

AFFIDAVIT OF NON-COLLUSION

Solicitation Number

I hereby swear (or affirm) under the penalty of perjury:

1. That I am the responder (if the responder is an individual), a partner in the company (if the responder is a company) or an officer or employee of the responding corporation having the authority to sign on its behalf (if the responder is a corporation);

2. That the attached offer (proposal) has been arrived at by the responder

(Offeror) independently and has been submitted without collusion with and without any agreement, understanding, or planned common course of action with any other firm or entity designed to limit fair and open competition;

3. That the contents of the solicitation response (the Offeror’s proposal) have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder and will not be communicated to any such persons prior to the official opening of the solicitation responses (Offers); and

4. I certify that the statements in this affidavit are true and accurate.

Authorized Signature:

Date:

Name of Firm or Entity:

Subscribed and sworn to me this date of

Signed Notary Public:

My Commission Expires:

PROPOSER INFORMATION

1. PROPOSING COMPANY/ORGANIZATION NAME

FEIN (Federal Employer ID Number) OR SOCIAL SECURITY NUMBER (if sole proprietorship)

Phone ( ) Toll Free Phone ( )

FAX ( ) Email Address

Address

City State Zip + 4

2.

Name the person to contact for questions concerning this proposal.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) Email Address

3.

Please name the Personnel/Human Resource and Development or other person responsible for affirmative action in the company.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) Email Address

4.

Mailing address to which purchase orders are mailed and person the department may contact concerning orders and billings.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) Email Address

REFERENCES

Vendor:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.

Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate id page. WisDOT employees may/must [pick one] not be listed as references.

Company Name:

Address (include Zip + 4)

Contact Person: Phone No.

E-Mail Address:

Product(s) Used and/or Service(s) Provided:

Contact Person: Phone No.

Contact Person: Phone No.

Contact Person: Phone No.

Designation of Confidential and Proprietary Information

The attached material submitted in response to the above indicated bid/proposal, includes proprietary and confidential information which qualifies as a trade secret, as provided in section 19.36(5) Wis. Stat., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal are treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s.134.90(1)(c), Wis. Stats. as follows: “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, form not being generally known to, and not being readily ascertainable by proper means by, or persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released:

Section Page Number Topic

In the event the designation of confidentiality of this information is challenged, the undersigned agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state’s agreement to withhold the materials.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of

“confidential” in the bid/proposal response to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

(Company Name) (Signature) (Date)

(Area Code-Telephone Number) (Name – Type or Print)

Bid Opportunity List Appendix K

Request for Proposals

Instructions

49 Code of Federal Regulations Part 26.11 requires the Wisconsin Department of Transportation to develop and maintain a "bid opportunity list." The list is intended to show all firms that are participating, or attempting to participate on DOT-assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and materials and supplies on DOT-assisted projects, including DBEs and non-DBES. For consulting companies, this list must include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT assisted project.

Vendors must complete and submit this form with all bids and/or proposals.

Prime Contractors and Consultants (complete all columns )

1. Name of Bidder

2. Bidder's Contact

Information

(address, phone, email)

3. DBE Status

4. Age of Firm

5. Type of work

6. Annual Gross Receipts

[ ] Less than $500,000

[ ] $500,000 - $1 million [

] $1 million - $2 million [

] $2 million - $5 million [

] $5 million and above

Subcontractors and subconsultants (primes to complete columns 1 and 2, plus any information available on the last four columns )

[ ] $500,000 - $1 million [

] $1 million - $2 million [

[ ] $500,000 - $1 million [

] $1 million - $2 million [

[ ] $500,000 - $1 million [

] $1 million - $2 million [

] $2 million - $5 million [

] $5 million and above

[ ] Less than $500,000

[ ] $500,000 - $1 million [

] $1 million - $2 million [

] $2 million - $5 million [

] $5 million and above

[ ] Less than $500,000

[ ] $500,000 - $1 million [

] $1 million - $2 million [

] $2 million - $5 million [

] $5 million and above

[ ] Less than $500,000 [ ] $500,000 - $1 million [

] $1 million - $2 million [

FEDERAL CLAUSES

** updated 05/2022

SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

FTA Master Agreement

Federal grant monies $110,000 fund this contract, in whole or in part Section 5311 – CFDA 20.56a. As such, agencies receiving such funds and contractors awarded contracts that use such funds must comply with certain Federal certifications and clause requirements. This includes, for purchases of rolling stock over $150,000, compliance with Buy America Act requirements, including pre-award and post-delivery audit requirements and certifications, as well as requirements and certifications applicable under the Federal Motor Vehicle Safety Standard (FMVSS). It is the contractor’s responsibility to be aware of the pertinent certifications and contract clauses, as identified by the Issuing Agency for the instant procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. The full text of these clauses is available at the National Rural Transit

Assistance Program (RTAP) website under “ProcurementPro.” The website address is:

http://www.nationalrtap.org/ .

NOTIFICATION TO FTA

If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the

Recipient is located. The Recipient must include a similar notification requirement in its Third-Party

Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§

180.220 and 1200.220.

(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

(2) Matters that may affect the Federal Government include, but are not limited to, the Federal

Government’s interests in the Award, the accompanying Underlying Agreement, and any

Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief

Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this 18

Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.

http://www.nationalrtap.org/home.aspx

Applicability to Contracts

FLY AMERICA REQUIREMENTS

49 U.S.C. §40118

41 CFR Part 301-10

The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S.

air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S.

Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under 10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language: The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.

Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America"

Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S.

Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a

U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which exceeds $150,000.

Flow Down Requirements: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.

Model Clause/Language: While no mandatory clause is contained in the Federal Water Pollution

Control Act, as amended, the following language developed by FTA contains all the mandatory requirements.

Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The

Contractor agrees to report each violation to the Purchaser and understands and agrees that the

Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $50,000 financed in whole or in part with Federal assistance provided by FTA.

LOBBYING

31 U.S.C. 1352

49 CFR Part 19

49 CFR Part 20

Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and

Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service

Contract/Turnkey contracts over $100,000.

Flow Down Requirement: The Lobbying requirements mandate the maximum flow down, pursuant to

Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.

Mandatory Clause/Language: Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying

Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)

Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413

(1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of

$50,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying."

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of

Congress in connection with obtaining any Federal contract, grant or any other award covered by 31

U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that

Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $100,000)

The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard

Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by

"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:

Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying

Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

Date

Name of Contractor’s

Authorized Official

Signature of Contractor’s

Company Name

Title of Contractor’s

ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325

18 CFR 18.36 (i)

49 CFR 633.17

Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/Language: The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 18 C. F. R. 18.36(i), the Contractor agrees to provide the

Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA

Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or

5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $250,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.

19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the

United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.

5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 18 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

REQUIREMENTS FOR ACCESS TO RECORDS AND REPORTS BY TYPES OF CONTRACT

Operational

Service

Contract

Turnkey

Contract

Construction

Contract

Arch. or

Engineering

Contract

Rolling Stock

Contract

Professional

Service

Contract

State Grantees

Contracts below

Simplified

Acquisition

Threshold (Small

Purchase)

($250,000)

None

Those imposed on state pass thru to

Contractor

Contracts above

$100,000/Capital

Projects

None unless1 non-competitive award on state pass thru to contractor

Yes, if non-competitive award or if funded thru2

5307, 5309, None unless competitive award

Non-State Grantees

Contracts below

Simplified

Acquisition

Threshold (Small

Purchase)

($250,000)

Yes on non-state

Grantee pass

Contracts above

$100,000/Capital

Projects on non-state

Grantee pass

Sources of Authority:49 USC 5325 (a), 49 CFR 633.17, 18 CFR 18.36 (i)

FEDERAL CHANGES

2 CFR Part 1201

Applicability to Contracts: The Federal Changes requirement applies to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: The Federal Changes requirement flows down appropriately to each applicable changed requirement.

Model Clause/Language: No specific language is mandated. The following language has been developed by FTA.

Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the

Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

http://www.fta.dot.gov/3162.html

DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS

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