3014_2.DOC

State of Wisconsin Wis. Statutes s.16.75

DOA-3261 N(R01/98)

PROPOSALS MUST BE SEALED AND ADDRESSED TO:

SYMBOL 168 \f "Wingdings" \s 9 \h Remove from proposal list for this commodity/service. (Return this page only.)

AGENCY: Wisconsin Department of Natural Resources ADDRESS: Attn: Richard M. Straub PO Box 7921

Madison, WI 53707-7921

THIS IS NOT

AN ORDER

REQUEST FOR PROPOSAL

Proposal envelope must be sealed and plainly marked in lower corner with due date and Request for Proposal # D-006-08. Late proposals will be rejected. Proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the proposal is due. Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the mail system does not constitute receipt of a proposal by the purchasing office. Any proposal which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Proposals must be submitted separately, i.e., not included with sample packages or other proposals. Proposal 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. Proposer should contact person named below for an appointment to view the proposal record. Proposals shall be firm for acceptance for ninety (90) days from date of proposal opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

PROPOSER (Name and Address)

Proposals MUST be in this office no later than Public Opening X 11 a.m. CDT, Wednesday, July 24, 2013 No Public Opening SYMBOL 168 \f "Wingdings" \s 9 \h

Name (Contact for further information)

Richard M. Straub (email address: richard.straub@wisconsin.gov)

Phone

Date

608-261-6415 June 12, 2013

Quote Price and Delivery FOB

Destination

Description

Request For Proposals # D-006-08 Emergency Response Zone Contract Provide emergency response services for the discharge of materials posing threats to health, safety, welfare, and the environment in various regions throughout the state.

RFP issued: June 12, 2013 Written inquiries due: June 26, 2013 Proposals due: July 24, 2013 11 a.m. CDT (see page 8 for additional event dates)

SYMBOL 168 \f "Wingdings" \s 9 \h We claim minority preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Proposer 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.

SYMBOL 168 \f "Wingdings" \s 9 \h We are a work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification 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 proposal 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.

SYMBOL 168 \f "Wingdings" \s 9 \hYes SYMBOL 168 \f "Wingdings" \s 9 \hNo SYMBOL 168 \f "Wingdings" \s 9 \hUnknown

In signing this proposal 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 proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer 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 Proposal and all terms of our proposal.

Fax

Proprietor (Voluntary)

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

TABLE OF CONTENTS

51.0 GENERAL INFORMATION

1.1 Introduction and background

1.2 Scope of Services

1.2.1 Goal

1.2.2 Objectives

1.2.3 Needs

1.3 Procuring and contracting agency

1.4 Definitions

1.5 Clarification and/or revisions to the specifications and requirements

1.6 Vendor conference

1.7 Reasonable accommodations

1.8 Calendar of events

1.9 Contract term and funding

1.10 VendorNet Registration

2.0 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

2.2 Incurring costs

2.3 Submitting the proposal

2.4 Proposal organization and format

2.5 Multiple proposals

2.6 Oral presentations

2.7 Withdrawal of proposals

3.0 PROPOSAL SELECTION AND AWARD PROCESS

3.1 Preliminary evaluation

3.2 Proposal scoring

3.3 Evaluation criteria

3.4 Right to reject proposals and negotiate contract terms

3.5 Award and final offers

3.6 Notification of intent to award

3.7 Appeals process

4.0 GENERAL PROPOSAL REQUIREMENTS (20

4.1 Mandatory requirements

4.2 Organization capabilities (10%)

4.2.1 Technical organization capabilities 4.2.2 Administrative organization capabilities

4.3 Staff qualifications (10%)

4.4 Proposer references

5.0 TECHNICAL REQUIREMENTS (60%)

5.1 Two hour response time, meetings and geographic region requirements (12%)

5.2 Documentation requirements

5.3 Site Response requirements (18%)

5.4 Spill Scenarios (30%)

6.0 COST PROPOSAL (20%)

6.1 General instructions on preparing cost proposals

6.2 Format for submitting cost proposals

6.3 Fixed price period

7.0 SPECIAL CONTRACT TERMS AND CONDITIONS

7.1 Payment Requirements

7.2 Liquidated Damages

7.3 Prime Contractor and Minority Business Subcontractors

7.4 Executed contract to constitute entire agreement

7.5 Termination of contract

7.6 Insurance

7.7 Standard Terms & Conditions

8.0 REQUIRED FORMS

APPENDIX

APPENDIX C – State Approved Landfills

APPENDIX D

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION – (Appendix E)

VENDOR INFORMATION - APPENDIX F

VENDOR REFERENCE – APPENDIX G

APPENDIX H

VENDOR AGREEMENT – (APPENDIX I)

APPENDIX J

1.0 GENERAL INFORMATION

1.1 Introduction and background

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for emergency response activities for one, two, or all three categories of discharges of materials (All Hazards, Manure, and/or Petroleum) that impact or threaten to impact human health, safety, welfare, or the environment.

The State as represented by its Department of Natural Resources (Department) intends to use the results of this process to award two contracts for each category of discharge in each zone of the state (see Appendix D for zones) for these activities. The agency currently has primary and secondary All Hazard and Petroleum response contracts in place for services of this nature, along with one contract in place in the Northeast for the Manure Response category. Those existing contracts will be replaced by the contracts resulting from this Request for Proposal (RFP) process.

1.2 Scope of Services

The Department is issuing this Request for Proposal (RFP) with the intention that it will result in multiple contracts for responding to environmental emergencies necessitated by discharges of hazardous substances in any location within the State of Wisconsin and in the State of Minnesota within 10 miles of the shared border with Wisconsin. The required services will be provided at the direction of the Department overseen by the Bureau of Remediation and Redevelopment in the various regions throughout the state, or at the direction of the University of Wisconsin System throughout the state, or at the direction of other State Agencies and/or local units of government eligible to use the contract resulting from this RFP. In Minnesota, the required services will be provided at the direction of the Minnesota Pollution Control Agency (MPCA). The government agency requesting the emergency response will be billed appropriately by the contractor.

1.2.1 Goal

The Departments overall goal in establishing an emergency response zone contract is to assure prompt, effective and efficient response to hazardous substance releases that affect or threaten human health, safety, welfare or the environment. The Department has identified three specific categories for emergency response and is seeking two contractors in each region for each category (contingent upon vendor responses.) (Please note that the requirements for each category are included in Section 5.3 of this RFP below.) The categories are as follows:

a. All Hazards Emergency Response

b. Petroleum Spill Emergency Response

c. Manure Spill Emergency Response

1.2.2 Objectives

The Department has five major objectives it is trying to accomplish with this RFP. They are:

a. To pre-select contractors who can respond rapidly and effectively to one or more of the following:

i. All Hazards – the full range of hazardous materials including unknowns,

ii. Petroleum releases,

iii. Manure spills.

b. To expedite the emergency response and eliminate the need for procurement on each individual incident.

c. To ensure accurate and timely billing for services provided.

d. To allow the UW system and other units of government a mechanism to respond to emergency situations.

e. To allow the Minnesota Pollution Control Agency (MPCA) access to our pre-selected contractors – thereby strengthening the collaborative efforts of both states to provide prompt and efficient response to incidents along, on, or near the common border between Minnesota and Wisconsin.

1.2.3 Needs

The Department is seeking firms that can adequately and promptly perform the emergency response activities outlined in the Technical Specifications section of this RFP for each category of emergency response. The Department is looking for contractors that have experience in doing this type of work and can start the contract with little or no learning curve. The Department may award two contracts in any region or zone for each category. The Department will request assistance from the contractor that appears to be best equipped to respond to the particular incident. If the first contractor is unable to provide the required services within the time frame established, the other contractor may be called upon to respond. Bids from brokers will not be accepted.

1.3 seq level2 \h \r0 Procuring and contracting agency

This RFP is issued by the Department of Natural Resources, Bureau for Remediation and Redevelopment. The Department is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Richard M. Straub.

The contract resulting from this RFP will be administered by the Department. The contract administrator will be Jason Lowery.

1.4 Definitions

The following definitions are used through the RFP.

Department means the Wisconsin Department of Natural Resources.

Proposer/vendor means a firm submitting a proposal in response to this RFP.

State means State of Wisconsin.

Contractor means proposer awarded the contract.

Emergency means a situation where the release of hazardous material presents an imminent risk to public health, safety, welfare, or the environment.

UW System means the University of Wisconsin System, facilities and campuses.

Other units of government means the UW System and other state agencies and local units of government allowed use of this contract, based on how the awarded contractors complete the required form DOA-3333, Vendor Agreement, Wisconsin’s Cooperative Purchasing Service.

MPCA means the Minnesota Pollution Control Agency.

1.5 Clarification and/or revisions to the specifications and requirements

Any questions concerning this RFP must be submitted in writing (e-mail preferred) on or before Wednesday, June 26, 2013 to:

Richard M. Straub FN/2

Senior Procurement Specialist

Wisconsin Department of Natural Resources

101 S. Webster Street

PO Box 7921

Madison, WI 53707

Ph. #: (608) 261-6415

Email: richard.straub@wisconsin.gov

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

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial RFP.

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

Any contacts with State employees concerning this RFP are prohibited, except as authorized by the RFP procurement manager during the period from date of release of the RFP until the notice of intent to award contracts is released.

1.6 Vendor conference

A Vendor Conference will be held on Tuesday, July 2, 2013, at 10:00 am. Attendance can be in person at 101 S Webster St, Madison, Wisconsin, Room 413 or via Conference call. If you plan to attend via conference call please contact Richard M. Straub (see Section 1.5 above for contact information) by noon on Monday July 1, 2013. If no questions are received, the State reserves the right to cancel the vendor conference. All vendors who intend to respond to the RFP are strongly encouraged to attend the vendor conference. Although vendor attendance is not mandatory and proposals will be accepted by vendors not in attendance at the conference, the DNR believes that attendance will improve communications with vendors, will increase vendors understanding of the proposal requirements and will decrease problems that could arise with vendor submissions.

1.7 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 the Vendor Conference or the RFP opening contact the Department at 608-261-6415 (voice). (For TTY access via relay call 711.)

1.8 Calendar of events

Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the Department. In the event that the Department finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

1.9 Contract term and funding

The effective date of each contract shall be the date indicated in the period of agreement section of each executed contract and shall run for two years from that date, with an option by mutual agreement of the Department and Contractor, to renew for three additional one‑year periods.

1.10 VendorNet Registration

Vendors are directed to the State of Wisconsin’s computerized vendor information system, ”VendorNet”, for additional electronic copies of this Request for Proposal package, and for information on receiving automatic notification of all state agency procurements over $25,000 in a vendors particular area of interest. The web address for VendorNet is http://vendornet.state.wi.us.

DOA and State Bureau of Procurement policies no longer require maintenance of bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to post solicitations for proposals in the Legal Notices of the Official State Newspaper. Vendors who fail to register with VendorNet may not receive notification of procurement solicitations.

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, commodities and services that the state buys, and tips on selling to the State. Vendors may use the same website address for inclusion on the bidders list for commodities 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 proposal 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 $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

To obtain information on the State’s bidder registration, visit the VendorNet website at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, call 608-264-7898.

Make sure to select all the appropriate NIGP (commodity) Codes. Bid lists are generated by NIGP codes.

Annually an e-mail will be sent to renew bidder registration. Failure to renew the registration will cause the bidder to be removed from the VendorNet bidders list. If there is a need to solicit bids / proposals for additional services upon the completion of the contract initiated by this procurement, only vendors registered with “VendorNet” will receive automatic notification of the bid / proposals. Your firm’s receipt of this proposal in the mail does not guarantee receipt of future bids / proposals for these services.

seq level1 \h \r0 .0 PREPARING AND SUBMITTING A PROPOSAL

2.1 General instructions

The evaluation and selection of any contractor and the resulting contract will be based on the information submitted in that vendor's proposal plus references and any required oral presentations. A vendor’s failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

Elaborate proposals (e.g. expensive artwork) beyond what is sufficient to present a complete and effective proposal, are not necessary or desired.

2.2 Incurring costs

The State is not liable for any cost incurred by proposers in replying to this RFP.

2.3 Submitting the proposal

Proposers must submit an original, five copies and an electronic copy (CD/DVD/flash/thumb drive)of all materials required for acceptance of their proposal by Wednesday July 24, 2013, at 11:00 am to one of the following two addresses depending on the proposers planned method of delivery:

US Postal Service (USPS)

Richard M. Straub FN/2

WI Department of Natural Resources

PO Box 7921

Madison, WI 53707-7921

COMMON CARRIER AND HAND DELIVERY ADDRESS

Richard M. Straub FN/2

WI Department of Natural Resources

101 S. Webster St.

Madison, WI 53703

Proposals must be received in the above office by the specified time stated above. All proposals must be time-stamped in by the Department's Purchasing Office by the stated time. Proposals not so stamped will not be accepted. Receipt of a proposal by the Department's mail system does not constitute receipt of a proposal by the Department's Purchasing Office, for purposes of this RFP.

To ensure confidentiality of the document, all proposals must be packaged, sealed and show the following information on the outside of the package:

Proposer's name and address

Request for proposal title

Request for proposal number

Proposal due date

Category(s) of emergency response for which you are submitting your proposal An original plus one (1) electronic copy (on CD/DVD/flash/thumb drive) of the Cost Proposal must be sealed and submitted as a separate part of the proposal. The outside of this envelope must be clearly labeled with the words “Cost Proposal, RFP D-006-08”, the name of vendor, the due date, and the category of emergency response for which you are submitting your proposal (All Hazards, Petroleum, and/or Manure). You may submit a proposal for one, two or three categories and include all cost information in the same cost proposal envelope (see Section 6.2 to ensure submission of a complete cost proposal – must include the proper list of vendor prices and appropriate Spill Scenario invoices). The cost proposal is part of your complete response and is due to the addressee on the due date and time noted above.

All vendors submitting a request for proposal (RFP) are responsible for the delivery of their RFP package to this purchasing office prior to the stated RFP opening time. Late and unsigned proposals will be rejected. No fax proposals will be accepted.

2.4 Proposal organization and format

Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be organized and presented in the order and by the number assigned in the RFP. Proposals must be organized with the following headings and subheadings. Each heading and subheading should be separated by tabs or otherwise clearly marked. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal.

The RFP sections which should be submitted or responded to are:

Tab 1 - Cover Letter/Vendor Certifications: Include here any cover letter included with the proposal and include a signed copy of form number DOA-3261 Request for Proposal Cover Sheet. Proposals submitted in response to this RFP must be signed by a person in the vendor’s organization who is responsible for the decision as to the prices being offered in the proposal or by a person who has been authorized in writing to act as an agent for the person responsible for the decision on prices. Each proposal shall stipulate that it is predicated upon the terms and conditions of this RFP and any supplements or revisions thereof. Your cover letter shall clearly indicate for which of the 3 categories you are submitting your proposal (All Hazards, Petroleum, and/or Manure), you may submit a proposal for 1 or more categories.

By submitting a signed proposal, the vendor’s signatories certify that in connection with this procurement: (a) the vendor’s organization or agent of the vendor’s organization has arrived at the prices in its proposal; 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 proposal 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 proposal for the purpose of restricting competition.

Tab 2 – Additional Required Forms: Include here the signed copy of the Designation of Confidential and Proprietary Information (DOA-3027)(Appendix E), Vendor Information form (DOA-3477)(Appendix F), Vendor Reference form (DOA-3478)(Appendix G) and Wisconsin’s Cooperative Purchasing Service form (DOA-3333)(Appendix I). All forms can be found in the Appendix of this RFP.

Tab 3 – Vender Financial Stability Documentation: Vendors responding to this RFP must be able to provide documentation to substantiate their financial stability. Current financial statements along with additional supporting documentation must be submitted with each proposal. The State may request reports on financial stability from independent financial rating services in order to further substantiate stability. A vendor’s failure to adequately document their financial stability may result in the rejection of their proposal. The State may request reports on financial stability from independent financial rating services in order to further substantiate stability.

Tab 4 – Response to General Proposal Requirements: For each category that you intend to submit a proposal for, provide a point-by-point response to each proposal requirement specified in Section 4.0 of this RFP. Responses to general requirements must be in the same sequence and numbered as they appear in this RFP. Responses must indicate all information requested in each specific requirement. A concise explanation of how each requirement has been or will be met must be included.

Tab 5 - Response to Technical Requirements: For each category that you intend to submit a proposal for, provide a point-by-point response to each and every technical requirement specified in Section 5.0 of this RFP, except for Section 5.2. Section 5.2 does not require a written response and will not be scored, although the requirements in this section will apply to every contract awarded as a result of this RFP. Responses to technical requirements must be in the same sequence and numbered as they appear in this RFP. Responses must indicate all information requested in each specific requirement.

Tab 6 – Additional Information: Include additional information which will be essential to an understanding of the proposal. This might include diagrams, maps of coverage areas, excerpts from manuals, or other explanatory documentation, which would clarify and/or substantiate the proposal. Any material included here should be specifically referenced elsewhere in the proposal.

Separate Envelope – Cost Information: The vendor must submit their Cost Proposal according to the instructions provided in Section 2.3 above, in the format described in Section 6.2 below. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal. No mention of the cost proposal amounts may be made in the response to the general or technical requirements of this Request for Proposal.

2.5 Multiple proposals

Vendors may submit one proposal that covers one, two or all three of the categories. If a proposal covers multiple categories it must conform fully to all requirements for each category. If a vendor wishes to submit a 2nd or an alternate proposal it must conform fully to the requirements for proposal content and format and must be separately submitted and labeled.

2.6 Oral presentations

Top scoring vendors based on an evaluation of the written proposal may be required to make oral presentations to supplement their proposals, if requested by the Department. The Department will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to make a presentation to the Department on the date scheduled may result in rejection of the vendor's proposal.

2.7 Withdrawal of proposals

Proposals shall be valid until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal in writing at any time up to the proposal closing date and time or upon expiration of ten (10) calendar days after the due date and time if received by the RFP project manager. To accomplish this, the written request must be signed by an authorized representative of the proposer and submitted to the RFP project manager. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the proposal closing date and time.

seq level1 \h \r0 .0 PROPOSAL SELECTION AND AWARD PROCESS

3.1 Preliminary evaluation

The proposals will first be reviewed to determine if mandatory requirements are met. For each category in which you are submitting a proposal the mandatory requirements will be evaluated separately. Failure to meet mandatory requirements for any category will result in the proposal for that category being rejected. Mandatory requirements will not have any point values and will be evaluated as Pass/Fail only. In the event that all vendors do not meet one or more of the mandatory requirements, the Department reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

3.2 Proposal scoring

Accepted proposals will be evaluated for response adequacy and efficiency. To facilitate this evaluation, three spill scenarios have been developed. Potential contractors shall review each scenario for which they intend to submit a proposal and respond to the questions at the end of the scenario. All responses will be reviewed and scored by an evaluation committee based upon the adequacy of the response and the efficient use of resources. The three scenarios are 1) All Hazards response, 2) Petroleum spill emergency response and 3) Manure spill emergency response. The proposal for each category will be scored only against other proposals for that category.

A proposer may not contact any member of an evaluation committee except at the State’s direction. The committee may review references, request oral presentations and use the results from each in scoring the proposals. Proposals from certified Minority Business Enterprises may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores received.

3.3 Evaluation criteria

4.0 General Proposal Requirements

20%

5.0 Technical Requirements

60%

5.3 Site Response

100%

The proposals will be scored using the following criteria:

3.4 Right to reject proposals and negotiate contract terms

The Department reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposers prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposers, the Department may negotiate a contract with the next highest scoring proposer.

3.5 Award and final offers

The State will compile the final scores for each proposal. Two contractors may be selected for each category in each region except for the Northern Region which, for purposes of emergency response, has been split in half. The awards will be granted in one of two ways. The awards may be granted to the highest scoring responsive and responsible proposers. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested by the State and submitted by the vendor, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The awards then will be granted to the highest scoring proposers. However, a proposer should not expect that the State will request a final and best offer.

3.6 Notification of intent to award

All vendors who respond to this RFP will be notified in writing of the Department's intent to award the contract(s) as a result of this RFP.

After notification of the intent to award is made, and under the supervision of Department staff, copies of proposals will be available for public inspection from 9:00 a.m. to 4:30 p.m. at 101 S. Webster St., Madison Wisconsin. Vendors should schedule reviews with Richard M. Straub at (608) 261-6415, richard.straub@wisconsin.gov.

3.7 Appeals process

The Appeals process shall only apply to requests for services that exceed $50,000. Notices of intent to protest and protests shall be made in writing. Protesters shall make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. Any protest of this DNR solicitation or of any intent to award issued as a result of this RFP process must be made as provided by the Wisconsin Administrative Code and the State Procurement Manual.

No later than five (5) working days after the date of this solicitation or no later than five (5) working days after any intent to award is issued by DNR, a written notice of a vendor’s intent to protest must be received by:

Cathy Stepp – Secretary c/o Tim Sell – Purchasing Section Chief Wisconsin Department of Natural Resources

PO Box 7921

Madison, WI 53703-7921

The complete written protest must then be received by the DNR Secretary (and/or her designee) at the above address, no later than ten (10) working days after any notice of intent to award is issued, or no later than ten (10) working dates after the date of this solicitation. All properly filed protests will be reviewed and the DNR Secretary will issue a decision regarding the protest. The decision of the DNR Secretary may then be appealed to the Secretary of the Department of Administration within five (5) working days of its issuance, with a copy of such appeal filed with the DNR, provided that the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code.

seq level1 \h \r0 .0 GENERAL PROPOSAL REQUIREMENTS (20

4.1 Mandatory requirements

The following general requirements are mandatory and must be complied with for each category that you include in your proposal.

4.1.1.

For All Hazards Response

a. The proposer must be able to provide staff who meet all applicable health and safety requirements for emergency response activities.

b. The proposer must be able to meet all state and federal requirements for the transportation and storage of hazardous materials/waste.

c. The proposer must meet the insurance requirements as specified in Section 7.6 of this RFP (only prior to being awarded the contract).

d. Firms must be able to provide Level A response based on 1910.120 OSHA Standards if the situation warrants it.

Please reply to all above requirements as instructed in Section 2.4 above. Attach under Tab 6 of your response any additional information such as diagrams, excerpts from manuals, or other explanatory documentation, which would clarify and/or substantiate your compliance with the above mandatory conditions of the RFP.

4.1.2.

For Petroleum Spill Emergency Response

a. The proposer must be able to provide staff who meet all applicable health and safety requirements for emergency response activities.

b. The proposer must meet the insurance requirements as specified in Section 7.6 of this RFP (only prior to being awarded the contract).

Please reply to all above requirements as instructed in Section 2.4 above. Attach under Tab 6 of your response any additional information such as diagrams, excerpts from manuals, or other explanatory documentation, which would clarify and/or substantiate your compliance with the above mandatory conditions of the RFP.

4.1.3.

For Manure Spill Emergency Response

a. The proposer must be a member of the Professional Nutrient Applicators Association of Wisconsin (PNAAW).

b. The proposer must have a level Three Certification under PNAAW.

c. The proposer must meet the insurance requirements as specified in Section 7.6 of this RFP for the manure category.

Please reply to all above requirements as instructed in Section 2.4 above. Attach under Tab 6 of your response any additional information such as diagrams, excerpts from manuals, or other explanatory documentation, which would clarify and/or substantiate your compliance with the above mandatory conditions of the RFP.

4.2 Organization capabilities (10%)

4.2.1 Technical organization capabilities

Describe the firm's experience and capabilities in providing emergency spill services for each category that you intend to submit a proposal. Be specific and identify projects, dates, and results for each category that you include in your proposal.

4.2.2 Administrative organization capabilities

Describe the firm’s experience and capabilities in administering an emergency spill response contract for each category that you intend to submit a proposal. Include information regarding business operations and ability to ensure timely and accurate billing of accounts and documentation of spills. Include information on training provided to the administrative staff, record retention policies, invoice tracking system, any certification such as ISO 9000 which you may have and any other information you feel is relevant to our evaluation.

4.3 Staff qualifications (10%)

Provide a list of staff who will be involved in providing the services necessary for this contract for each category that you intend to submit a proposal. Include a description of what the proposed role is for each person listed. Provide resumes describing the educational and work experiences for all personnel who would supervise emergency response projects.

4.4 Proposer references

Proposers must include in their RFP response a list of organizations, including points of contact (name, address, and telephone number), which can be used as references for work performed in the area of service required for each category that you intend to submit a proposal. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. There will not be a score assigned to the references themselves. The results of the references will be provided to the evaluation team members who may then use these results as additional information when they score the remaining general and technical requirements sections of the written proposals. Supply at least three references from the last three years using the Vendor Reference form (DOA-3478) included as Appendix G. If submitting a proposal that covers multiple categories you should include at least one reference for each category.

5.0seq level1 \h \r0 seq level2 \h \r0 TECHNICAL REQUIREMENTS (60%)

The objectives of emergency response actions are to:

1. Protect life, air, land and waters of the state.

2. Identify and control the source of the discharge.

3. Prevent or abate the migration of the discharge.

The tasks and requirements identified below are the minimum needed to complete emergency response in the State and shall become a part of every contract initiated as a result of this RFP process. Responses to abandoned containers will only be sought when the response needed is considered an emergency.

5.1 Two hour response time, meetings and geographic region requirements (12%) Upon notification the Contractor shall dispatch staff to the scene and be on site within two hours of the when notified unless agreed upon with the Department regional spill coordinator or other agency contact. Depending on site specific conditions and information available to the Contractor from the Department or other appropriate contact during their initial call, the Contractor may be expected to provide some response activities within that two hour response time. If site specific conditions are unknown or equipment necessary is not determined in advance, the Contractor shall be expected to be on site within two hours and develop a plan of action to minimize human health, safety, or environmental damage.

The primary contractors may be required to meet annually with the spill team leader and/or regional RSCs to discuss issues that are pertinent to the implementation of the contract.

The Department will select two contractors per category per region. In order to facilitate a rapid response (within 2 hours) to each emergency situation, the Department intends to divide the state up into geographic boundaries. See attached State map (Appendix D) for region boundaries.

· Each proposer shall indicate in their response which region(s) their proposal covers for each category of emergency response.

· Proposers should also indicate if they expect to be able to meet the two hour response requirement for each region they propose to cover.

· If a proposer does not expect to be able to meet the two hour response requirement in any proposed region they need to indicate what their maximum response time will be for that region.

· If the costs differ by region, proposers must include a clear breakdown of costs by region in their cost proposal, for each region which the proposal covers.

For the purpose of this bid please include information addressing the following issues in regards to your ability to respond to emergency spills within two hours for each category that you intend to submit a proposal.

· Include details on the system that will be utilized to insure that the Department can contact the vendor during off hours.

· Include details on the system that will be used to notify emergency response personnel to respond to an emergency spill.

· Provide the location of all proposer operating facilities and what equipment and personnel are based at each specific site.

· Describe how often the equipment and personnel based at these sites is actually within the site's service area versus how often it is sent on long distance jobs taking them out of the immediate region.

· Describe what kind of backup plan(s) will be in place in case the primary response team is not available.

· Include details on any other information which may pertain to your ability to respond to emergency spills within two hours and attach as necessary any related information concerning such details under Tab 6 of your proposal.

5.2 Documentation requirements

The following information details the requirements’ regarding documentation for each contract initiated as a result of this RFP process and is divided into two categories, documentation about immediate response actions and final documentation including documentation of all waste management actions. Documentation, including invoices and bills must be submitted to the appropriate Department personnel or to the appropriate UW or other unit of government contact as indicated in the Purchase Order received by the contractor.

5.2.1. Immediate Response Documentation

The contractor shall prepare and submit a written cost estimate, within ten (10) days of the response, for each response incident. The estimate shall include the following:

a.

Specify the agency initiating the response, b.

Department's Project Management Number (PMN) as applicable, c.

date of the response, d.

response location, including county & municipality e.

name/title of the contact who initiated their services, f.

generated waste, if known, g.

any assumptions made, and h.

TOTAL ESTIMATED COST.

5.2.2. Final Documentation

Within ninety (90) days of completing the emergency response, the contractor shall submit a written report of the response incident and a final bill. The report shall meet the requirements for a No Further Action Report in NR 708 and include a detailed account of the response incident including, but not limited to:

a.

date and time contractor was notified by the Department or other appropriate contact, b.

identify name of the Department notifying agent, or other appropriate contact c.

time responder(s) arrived on site d.

number of responders, e.

spilled substance type, quantity, and source, f.

actions taken to control the source and prevent further migration g.

amount of spilled substance recovered and disposal location, h.

if samples are collected, map of the area referencing sample locations and analytical results in table form, i.

photo documentation of emergency actions, j.

itemized bill per invoice requirements listed below.

The report shall not be more detailed or complex than is justified by the complexity of the response incident.

The contractor shall provide accurate documentation in the report and be prepared to provide testimony on the documentation and the costs incurred for any litigation that might arise as a result of the response incident in question.

5.2.3. Invoice Requirements

Contractor Daily Field Sheets

Equipment and materials used shall be recorded daily on field sheets. In addition, personnel time, travel and subsistence along with sample analysis, waste transportation, disposal, subcontractor charges and any other direct cost items shall be tabulated daily and entered on field sheets. These daily field sheets shall be available for review by WDNR upon request.

Contractor Invoices

Submitted invoices shall include the company name, address, date, and contract number. In addition, the invoice shall contain a description of services provided per line item including quantity, unit of measure, dollar rate and terms. A copy of the daily field sheets used to create the invoice shall accompany the invoice. The invoice shall state where or to whom payment is to be sent and a contact person.

Within ninety (90) calendar days of the response incident a final bill shall be submitted to the Department or other unit of government contact. All bills submitted to the Department or other unit of government shall be clearly marked as interim or final.

If, during the course of the response, a responsible party (RP) is identified and the contractor can secure a contract with the RP, the contractor can continue the response for the RP and then invoice the RP directly.

If the Contractor receives payment from the responsible party or some other third party, the contractor is required to notify the Department or other unit of government contact within fifteen (15) calendar days and provide them with the documentation of payments received. Liquidated damages may be assessed when the Department or other unit of government contact is not notified within the required 15 days. Any such Liquidated Damages will be assessed based on the State of Wisconsin’s then current interest rate on short term investments for any amounts that should have been deposited in State accounts. Such Liquidated Damages would be calculated based on the actual amounts, the time period of any non-conformance and the appropriate interest rate.

5.3 Site Response requirements (18%)

5.3.1. All Hazards Emergency Response Requirements

Each proposer must be able to identify the nature of the emergency, including the discharged substance by use of field monitors and laboratory analyses. They must be able to develop appropriate cleanup and containment alternatives on short notice. This shall include characterization by sampling to determine composition and type of substance.

As part of their RFP response each Proposer responding to this category shall provide evidence of their capabilities for meeting each of the following requirements.

1.

Identify Substance or Hazard Class – the Contractor shall identify the nature of the emergency by use of field monitors and laboratory analyses. Provide a brief summary of your firm’s experience and equipment available to perform the following.

a. Ambient Air Monitoring (multi-gas meters, mercury vapor analyzers, aerosol monitors, photo-ionization detectors, flame-ionization detectors, explosimeters, O2 meters, etc.

b. Surface water, groundwater and soil sampling (pumps, bailers, sampling kits and other equipment).

c. Analysis of unknowns (flash, pH, etc.).

2.

Personal Protective Equipment - the Contractor shall be qualified to respond to the incident in Level A, B, C, and or D personal protective equipment, as deemed appropriate for each incident.

3.

Contain and Secure Material - stop the discharge and contain the spread of the contaminant using the best available means. This activity is to be consistent with the national oil and hazardous substance contingency plan (NCP), 40 CFR Part 300 and the laws and rules of the State of Wisconsin (or Minnesota as appropriate).

4.

Excavation/Recovery/Sampling – provide equipment and trained personnel necessary to excavate and recover the discharged material and any material which may have been contaminated by the discharged material. This shall also apply to the removal of any free product as necessary. Conduct appropriate post-excavation sampling to confirm adequacy of cleanup.

5.

Transportation – licensed to transport solid and hazardous waste and shall transport discharged material following all Department and Department of Transportation regulations and guidelines.

6.

Manifests - prepare manifests or obtain waivers from the Department as necessary.

As agents of the Department or other units of government, the zone Contractor is authorized to sign the proper shipping documents, including uniform hazardous waste manifests, necessary to remove and transport waste directly to the contractor's facility. This authorization applies to emergency situations when a representative of the Department or other unit of government is not present (on-site) to sign documents at the time of shipment. A copy of the manifest/shipping documents must then be immediately sent/faxed to the proper Department Representative (or representative of the unit of government using this contract).

7.

Storage – recovered material and/or waste shall be stored following all appropriate state and federal regulations.

8.

Disposal – non-hazardous waste/solid waste must be disposed of in compliance with state regulations.