8129 Request for Bid Document.pdf

REQUEST FOR BID

MEDICAL AND INDUSTRIAL GASES

RFB CJO-8129

Issued: November 8, 2021 Responses Due: December 1, 2021 3:00 pm CST

Procurement Manager: Charlene Orsted, Purchasing Services Department of Corrections 3099 East Washington Avenue Madison, WI 53704-4338

RFB CJO-8129 BID DUE: December 1, 2021, 3:00 PM CST MEDICAL AND INDUSTRIAL GASES Page 2 of 26

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.3.2 Contract Transition Extension Period

1.4 MODIFICATIONS OF CONTRACT

1.4.1 Possible Expansion of Services

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

3.0 MANDATORY SPECIFICATIONS

3.1 TECHNICAL SPECIFICATIONS

3.2 PERFORMANCE AND SUPPORT SPECIFICATIONS

3.2.1 Equipment Performance

3.2.2 Timeliness of Delivery

3.2.3 Emergency Needs

3.2.4 Recalls

3.2.5 Reports

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 EXECUTING PURCHASE ORDERS

4.2 DELIVERY REQUIREMENTS

4.3 DAMAGED PRODUCT

4.4 DUPLICATES AND OVER SHIPMENTS

4.5 RETURN POLICY

4.5.1 Items Ordered in Error

4.5.2 Defective or Damaged Goods

4.6 NEW AND DISCONTINUED

4.7 BACKGROUND CHECKS

4.8 AUDITING

4.9 TOBACCO-FREE ENVIRONMENT

4.10 FRATERNIZATION AND OTHER DOC POLICIES

4.11 PAYMENT TERMS

4.12 INVOICING

4.13 INSURANCE AND CERTIFICATES OF INSURANCE

4.13.1 Insurance Requirements

4.13.2 Certificates of Insurance

4.13.3 Insurance Policy Inspection

4.14 ACCESS TO DOC FACILITIES

4.15 TERMINATION FOR CAUSE

4.16 TERMINATION FOR CONVENIENCE

4.17 CONTRACT CANCELLATION

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 PRICE SHEET INSTRUCTIONS

5.3 REQUESTING PRICE ADJUSTMENTS

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED)

6.5.2 MAILED or HAND DELIVERED BID SUBMITTAL

6.6 FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

6.6.1 Bidder Required Form

MEDICAL AND INDUSTRIAL GASES Page 3 of 26

6.6.2 State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin

Supplemental Standard Terms and Conditions (DOA-3681) (herein after Terms and Conditions):

6.6.3 Additional Submittal and Information

6.6.4 Price Information

6.6.5 Bid Response Qualifications and Requirements

6.6.6 Contractor Compliance Agreement

6.7 MULTIPLE BIDS

6.8 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.6 USE OF SUBCONTRACTORS

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 VETERAN-OWNED BUSINESS

7.7.3 DISABLED VETERAN-OWNED BUSINESS

7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.8 NOTIFICATION OF AWARD

8.0 REQUIRED MATERIALS

MEDICAL AND INDUSTRIAL GASES Page 4 of 26

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency An office, department, Agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Agency Location Any of the Department of Corrections and Department of Health Services locations listed on Attachments A and B.

Ambient Temperature

The air temperature of the environment where equipment is stored.

ARO After Receipt of Order

Bid A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder A person or firm that responds to this Request for Bid

Bureau of Correctional Enterprises

(BCE)

Department of Corrections Bureau responsible for coordinating manufacturing work sites staffed with Persons In Our Care and State workers.

Bureau of Health Services (BHS)

Department of Corrections Bureau responsible for coordinating health services at DOC Facilities.

CGA Number Cylinder/container valve outlet connection number assigned by the Compressed Gas Association.

Commodity A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract The written agreement between the successful Bidder and the Agency covering the commodities and Services to be performed pursuant to this

RFB.

Contract Administrator

The Agency employee at the ordering location who is responsible for oversight of the implementation, administration, and completion of the Contract at the location. Each ordering location will have their own Contract Administrator.

Contractor(s) The person(s) or entity/ies awarded a Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual Services, or leasing real property to the DOC.

Contract Manager

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2)

MEDICAL AND INDUSTRIAL GASES Page 5 of 26 facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Cryogenic Liquid

A liquid having a normal boiling point below -240 degrees Fahrenheit (-

151.11 degrees Celsius).

Cylinder (CL) A container designed to safely hold compressed gases or liquefied compressed gasses. They are manufactured and tested to meet DOT and/or CTC specifications.

Department of Corrections

(DOC)

The procuring Agency of this solicitation and Contract Managing Agency of the resulting Contract(s).

Department of Health Services

(DHS)

The Wisconsin DHS Agency, which has a Central Office located at 1 West Wilson Street, Madison, WI 53703. The Agency has seven residential facilities where 24/7 in-patient services are provided 365 days of the year.

Department of Transportation

(DOT)

Federal agency whose Title 49, Code of Federal Regulations, regulates the transport of hazardous materials. The material, required material packaging construction, inspection, testing, cylinder markings, record keeping, filling, loading and unloading requirements are among the items regulated.

Dewar An insulated, double-walled flask of metal or silvered glass with a vacuum between the walls. It is used to hold, transport and dispense cryogenic liquefied gases. They are needed for gases having boiling points below -130 degrees Fahrenheit.

DHS Facility Location owned and operated by DHS.

Disabled Veteran-Owned Business (DVB)

A business that has been certified by the Department of Administration under Wis. Stat. §16.283.

Division of Adult Institutions (DAI)

Locations with adult persons in the care and custody of the Department of Corrections which are collectively managed by and within the DAI.

Division of Juvenile Corrections

(DJC)

Locations with juvenile persons in the care and custody of the Department of Corrections which are collectively managed by and within the DJC.

Division of Management Services (DMS)

The Purchasing Services Section is a service within the Department of Corrections DMS and is located at the Madison Central Office, 3099 E Washington Avenue, Madison, WI 53704

DOC Facility Any location owed and/or operated by the DOC.

DOC Rider Additional contractual requirements specific to the Department of Corrections and the Department of Health Services secured location, Sand Ridge Secured Treatment Center.

DOC Staff Includes all employees, interns, temporary employees and volunteers.

Expiration Period

The stated date after which a gas mixture is no longer valid or legal to use for calibration purposes.

MEDICAL AND INDUSTRIAL GASES Page 6 of 26

Food and Drug Administration

(FDA)

The agency that develops regulations based on the laws set forth in the Food, Drug, and Cosmetic Act or other laws under which it operates.

Liquefied Compressed Gas

A gas which, under the charged pressure, is partially liquid at a temperature of 70 degrees Fahrenheit (21.1 degrees Celsius).

Minority-Owned Business Enterprise

(MBE)

A business that has been certified by the Department of Administration under Wis. Stat. §16.287

Municipality

Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (Wis. Stat §16.70(8)).

National Fire Prevention Association

(NFPA)

Agency responsible for publishing more than 300 consensus codes and standards intended to minimize the possibility and effects of fire and other risks. NFPA codes and standards are adopted and used throughout the world.

Non-liquefied Gas

A substance that exists entirely as a gas at 70 degrees Fahrenheit (21.1 degrees Celsius).

Notice of Award A writing issued by the DOC notifying all Bidders of the DOC's intent to award a Commodity Contract to the successful Bidder(s).

Occupational Health & Safety Administration

(OSHA)

An organization within the U.S. Department of Labor that sets standards for employers to ensure a safe working environment for its employees.

Person In Our Care (PIOC)

An adult in the care and custody of the DOC.

Pounds per Square Inch

(PSI)

The amount of force, measured in pounds per square inch of area. This information is needed when ordering liquified gases.

Purchasing Card (PCard)

A charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

Procurement Manager

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

Regulator A gas cylinder valve that may be connected to a regulator to allow for control of the air pressure and flow of gas or liquid from the cylinder.

Responsible

A Bidder who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFB.

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

MEDICAL AND INDUSTRIAL GASES Page 7 of 26

RFB Request for Bid

Safety Data Sheet (SDS)

A datasheet for a particular substance describing the characteristics and hazards associated with the handling and use of the substance.

Shelf-life

The length of time over which contractor will guarantee that components of a gas mixture remain at their certified concentrations within the specified tolerances. The expiration date on the cylinder defines the end of this time period.

Siphon, also spelled Syphon

A pipe or tube used to transfer liquid gases from one cylinder or tank to another. One end of the tube is place at a certain level in the liquid and the other end outside the cylinder is below this level, so that atmospheric pressure forces the liquid through the tube and out of the cylinder.

Specification

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

Supplier Bidder that has been awarded a contract

State State of Wisconsin

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

United States Pharmacopeia

(USP)

Medical standards for medications and medical gases. They define a products Identity, Potency, Purity and level of Performance of the active ingredient in the item. It includes standards for labeling and packaging.

USPS United States Postal Service

Valve A device controlling the passage of fluid or gas through a pipe, duct or tank.

Valve Integrated Pressure Regulator (VIPR)

The built-in regulator commonly used with portable oxygen gas cylinders, currently used with Walk-O2-Bout+ units.

Wisconsin Correctional Center System

(WCCS)

A system of minimum-security facilities located around the state which offer work-release options to male adults as they prepare for release.

Wisconsin Women’s Correctional System (WWCS)

A system of minimum-security facilities located around the state which offer work-release options to female adults as they prepare for release.

Youth Juvenile in the care and custody of the DOC or DHS agency.

Walk-O2-Bout+

(WOB)

A portable oxygen supply, with a lightweight cylinder, built-in regulator, a DISS outlet, and wide permanent handle.

MEDICAL AND INDUSTRIAL GASES Page 8 of 26

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) is requesting bids, and intends to use the results of the process, to award a Contract for the purchase and delivery of Medical and Industrial Gases on behalf of the following:

DOC, Division of Juvenile Corrections (DJC), Health Services DOC, Division of Adult Institutions (DAI), Bureau of Health Services (BHS) DOC, DAI, Bureau of Correctional Enterprises (BCE), and Department of Health Services (DHS), Division of Care and Treatment Services

The DOC and DHS Agencies, hereinafter referred to as “The Agencies” or “Agency Locations”, do not guarantee purchasing any specific quantity or dollar amount. Bids that require a minimum number of gases to be ordered, will be rejected.

The scope of this bid is to provide Agency Locations with delivered medical and industrial gases as ordered. Gases will be delivered to the DOC and DHS residential facilities; BCE manufacturing shops, farms, and dairy plant. Agency Locations contain clinics for the provision of health and dental services. Some DOC facilities have BCE manufacturing shops within the facility and other BCE locations are independent facility sites.

Attachment A, Agency Location by County, contains a map of the State of Wisconsin illustrating the county for each Agency Location.

Attachment B, Agency Delivery Locations, lists each Agency Location along with their address, county, acronym, agency, and if the location actively orders gases.

Attachment C, Active Ordering Location Usage, provides a list of Abbreviated Product Descriptions ordered during twelve consecutive months, for each of the active ordering locations. These purchase amounts were used to calculate the annual purchase estimate for each gas listed on Attachment D, the Price Sheet.

Attachment E, Bid Item Reference, is a list of detailed Item Descriptions on Attachment D matched with their Abbreviated Product Descriptions on Attachment C, and the Current Contractors Ordering Item Number.

Other State agencies and Municipalities may use the resulting contract, if agreeable to both the DOC and the Contractor, to obtain the benefits of volume purchases and/or reduction in administrative expenses.

1.3 CONTRACT TERM

1.3.1 This Contract will run for an initial one-year term. This Contract shall automatically be renewed into its subsequent years unless DOC purchasing is notified, in writing, by the Contractor, ninety (90) calendar days prior to the expiration of the initial and/or succeeding Contract term(s). The Contract may be renewed for up to an additional two (2), two-year periods. The effective date of the Contract is the date of the first purchase order.

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

If the incumbent Contractor is not awarded the next contract, they are expected to work with DOC and the new Contractor to ensure a smooth transition. Failure to work cooperatively with DOC may jeopardize the incumbent’s ability to participate in future solicitations.

MEDICAL AND INDUSTRIAL GASES Page 9 of 26

1.3.2 Contract Transition Extension Period

DOC may request an extension of this contract on a month to month basis for no more than one year after the original contract term. Extension terms are not automatic and shall only be executed by mutual agreement of both parties (DOC and the awarded Contractor) when circumstances beyond DOC’s control delay the award or start-up of a new contract. The terms and conditions of the current contract will apply to the transitional extension period but cost may be negotiated as necessary.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.4.1 Possible Expansion of Services

During the term of the resulting Contract, DOC reserves the right to negotiate the expansion of services for delivery of product at other Agency Locations not specified in the RFB. If the Contractor is unable to deliver products to the additional location(s), DOC reserves the right to issue a new solicitation.

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the DOC, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the DOC

• Request for Bid

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

• Official Purchase Order

• Bid Response as accepted by the DOC

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Services procured through this bid may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities procured under the Contract at the same rates agreed to by the DOC and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the DOC and providing appropriate documentation and support and reporting Contract usage by Municipalities.

MEDICAL AND INDUSTRIAL GASES Page 10 of 26

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception. Before the award of any Contract, the DOC shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the DOC with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications and specifications will be presented by the DOC as itemized questions that require an affirmative response that you can meet them. Other requirements may be presented in a grouped manner (e.g., “Does your company meet requirements 2.1-2.8?”). Bidders shall complete Attachment F, Bidder Response Sheet, and indicate with a “X” for each bid qualification and specification “YES” or “NO”. For any itemized or grouped requirements that you cannot meet, you must respond “NO” and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the DOC reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet any qualification will disqualify the bid.

2.1 The Agency Locations, located throughout the State (see Attachment A), intend to purchase medical and/or industrial gases for delivery to their locations. Bidders must be able to deliver products to all Agency Locations listed on Attachment B, Agency Delivery Locations throughout the life of the contract.

2.2 Bidder must be able to provide all products, product rentals, and product refills listed on the Price Sheet, (Attachment D)

2.3 Bidder must provide their ordering Item Numbers for all items listed on the Price Sheet (Attachment D).

2.4 The Bidder shall maintain insurance as specified in Section 4.13 of RFB and in accordance with section 23.0 of the State’s Standards Terms and Conditions.

2.5 The Bidder must have three (3) or more years of experience delivering liquified and non-liquified medical and industrial gases.

Bidders must detail their experience by completing the “Bidder References” section of DOA 3832, Bidder Required Form.

Bidder may submit an additional separate attachment if the form doesn’t allow enough space to clearly document that the bidder meets this mandatory requirement.

2.6 Medical and Industrial Gas Suppliers shall be credentialed/licensed for their manufacture.

Bidder shall submit credential/licensure with their bid response.

2.7 Medical and Industrial Gas Distributors shall be credentialed/licensed for their distribution in the State of Wisconsin.

Bidder shall submit credential/licensure with bid response.

MEDICAL AND INDUSTRIAL GASES Page 11 of 26

3.0 MANDATORY SPECIFICATIONS

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

3.1 TECHNICAL SPECIFICATIONS

3.1.1 All items must be manufacturer’s current production products and equipment for optimal product shelf-life.

3.1.2 All medical and industrial gases shall comply with Food and Drug Administration (FDA) and National Fire Prevention Association (NFPA) regulated standards.

3.1.3 All medical gases shall comply with FDA purity standards for human consumption, and the United State Pharmacopeia (USP) standards for medications and medical gases.

3.1.4 The gas packaging shall comply with the Department of Transportation (DOT) Title 49, Code of Federal Regulation requirements.

3.1.5 When an Occupational Safety and Health Administration (OSHA) 29 CFR

1910.1200. Item(s) regulated hazardous item is ordered by a location, at time of delivery the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated.

The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, OSHA requirements.

3.1.6 Palletized deliveries must be shipped on four-way entry pallets with 40”X48” dimensions, and must not exceed 60” in height. Pallets must be in good condition with no broken boards or rails. Multiple items may be banded or shrink-wrapped on a single pallet. Product shall not exceed the dimensions of the pallet and shall have no overhang. Hazardous items must be picked, packed, wrapped, labeled, sorted and shipped in compliance with Federal, State and DOT regulations.

Product Packaging and shipping materials which are returnable, recyclable or made from recycled materials are preferred.

3.1.7 The shipping containers shall be marked with the name of the material, size, type and quantity contained therein, and name of contractor. All of the products state and federal required testing, and testing frequency is the responsibility of the bidder.

3.1.8 Dock level trucks must be used with deliveries. Agency Location staff will escort delivery driver to the locked storage location with outside facility or inside facility ambient temperature storage. Agency staff will unlock secured tanks and cylinder for driver to remove and replace with filled tanks and cylinders. Unsecured tanks and cylinders shall remain on pallets in packaging. Agency staff will secure the product locks, and the storage location when empty product collection and product delivery is completed.

3.1.9 The trained technicians, providing product delivery, must be trained according to manufacturer specifications for the safe handling and delivery of compressed gases, compliant with State and Federal regulations.

MEDICAL AND INDUSTRIAL GASES Page 12 of 26

3.1.10 All medical gases shall be stored, received and handled in compliance with State and Federal regulations.

Bidder shall submit special handling and delivery procedures for medical gases.

3.1.11 Leased and customer owned empty cylinders and tanks shall be collected by delivery drivers, removed from Agency Location and filled at Contractor’s site.

Drivers shall document in duplicate the leased and the customer owned items collected, and leave one copy of the document with the Agency Location. Filled customer owned cylinders and tanks are returned to the Agency Location with their proceeding delivery.

3.2 PERFORMANCE AND SUPPORT SPECIFICATIONS

3.2.1 Equipment Performance

All equipment must be capable of performing at an effectiveness level in accordance with the manufacturer’s specifications.

3.2.2 Timeliness of Delivery

Delivery must be made by coordinating delivery schedules with each Agency Location.

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 5 business days of receipt of order or release order.

3.2.3 Emergency Needs

The Contractor shall have a telephone contact available 24 hours/day, seven days a week, for Agency Locations to contact when medical gases are needed for delivery on an emergency basis. Same day delivery may be requested by the Agency Location.

Submit Bidder plan for receiving notification and providing delivery of products needed on an emergency basis (outside the Agency Locations regular delivery schedule).

3.2.4 Recalls

Contractor is responsible for handling any recalled products in accordance with State and Federal regulations.

3.2.5 Reports

Upon Agency request, Bidder will be required to provide a complete inventory list of leased tanks and DOC or DHS owned tanks. The report shall detail products by Agency Location.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The DOC reserves the right to negotiate special terms and conditions when it is its best interest to do so. The Bidder shall not submit its own Contract document as a substitute for the State's Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The DOC may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the DOC.

MEDICAL AND INDUSTRIAL GASES Page 13 of 26

4.1 EXECUTING PURCHASE ORDERS

No gases shall be delivered until an official State of Wisconsin Purchase Order is issued by an Agency Location to Contractor. When there is more than one State fiscal year (July 1 through June 30) or a portion of a fiscal year in the Contract period, a separate purchase order will be issued for each fiscal year in accordance with Department policy on the issuance of purchase orders.

4.2 DELIVERY REQUIREMENTS

Delivery ticket/packing slip shall be in duplicate and is preferred to contain the purchase order number. All delivery tickets will be signed by the Agency Location’s personnel who have checked the products delivered against delivery ticket/packing slip. Any delivery errors will be noted on the packing slip. Contractor’s staff shall retain one copy of the signed delivery ticket for billing purposes.

4.3 DAMAGED PRODUCT

Agency Locations will not accept damaged products. The contractor or contractor’s subcontracted freight company must provide immediate hazardous material clean up at no cost to the DOC when damaged hazardous material is identified at time of delivery or following delivery. Hazardous Waste shall be removed by Bidder in accordance with State and Federal regulations and guidelines.

4.4 DUPLICATES AND OVER SHIPMENTS

Upon notification by Agency location of a duplicate or over shipment, goods shall be removed at the Contractor's expense. Rental fees shall not be charged for duplicate or over shipped products. If such goods are not removed within 30 calendar days of receipt of written notification from the Agency location, the location may charge Contractor a storage fee. Storage fees shall be equal to the Contractors rental fee for the same unit(s).

This fee shall be calculated and begin 5 business days following written notification. The storage fee will appear as a credit on the contractor’s proceeding invoice to the Agency location

4.5 RETURN POLICY

4.5.1 Items Ordered in Error

Contractor shall provide for return of items ordered in error by Agency Locations for up to 30 calendar days from receipt, which the Contractor may charge the Agency Location the contracted return shipping fee. Contractor may charge rental fees to the Agency Location for the elapsed time between product delivery and contractor notification.

4.5.2 Defective or Damaged Goods

The DOC reserves the right to reject any items that it deems to be faulty or defective. Replacement product shall be delivered when the rejected products are collected and returned at the Contractor(s) expense. The Agency Location determines what time line is acceptable for product replacement and return, based on need and limited area for product storage. Contractor shall not charge the Agency Location rental fees for these items. The state will not be responsible for charges incurred as a result of the defective product.

If the Contractor(s) is then unable to furnish an acceptable replacement product within the Agency Locations timeline, the Agency Location may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of

MEDICAL AND INDUSTRIAL GASES Page 14 of 26 such shipment(s) from another vendor shall be deducted from any monies which may be due to the Contractor.

4.6 NEW AND DISCONTINUED

Agencies reserve the right to add product to the Contract based on Agency Location requirements, changes in technology, or changes to standards unknown at the time of this bid. Contractor will notify Contract Manager when new products have been developed and are available for purchase. This applies to new products that are in-line with the original scope of this bid. DOC retains the right to approve or reject any new items or substitutes offered for contract items.

Contractor must discontinue a product or change a product’s ordering Unit of Measure (UOM) when the product is no longer in compliance with a State or Federal regulation.

Contractor shall notify the Contract Manager in writing detailing the product(s) needing a UOM change or discontinuation. The notification will include the regulation revision that occurred which resulted in the product discontinuation or UOM change and the effective date for product order placement. Contractor shall provide the replacement product(s), ordering item number, product unit of measure, price for each item and when available for order placement.

4.7 BACKGROUND CHECKS

Due to the nature of this solicitation, the DOC and DHS, reserves the right to conduct background checks on Contractor’s organization, its officers, employees, and subcontractors if contracted staff will enter a DOC Facility or Sand Ridge Secure Treatment Center, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Commodity or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The DOC is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements. Please refer to DOC Rider (Attachment G) for detailed background check requirements for DOC.

4.8 AUDITING

4.8.1 Contractor will allow inspection of records related to this Contract and as permitted by State and Federal law, by representatives of DOC and its authorized agents, and Federal agencies, in order to confirm Contractor's compliance with the specifications of this Contract.

4.8.2 Contractor shall comply with the auditing requirements of DOC including making available to DOC all documents applicable to the Contract. The DOC shall during normal business hours have the right to examine, audit, and copy, on Contractor's premises, any of the Contractor’s records and computer data storage media involving transactions directly pertinent to the resulting Contract. All electronic data shall be submitted to the DOC via customary industry form or medium as directed by the DOC. This provision shall survive six years following the termination, cancellation, or expiration of this Contract.

4.8.3 DOC may require that the Contractor procure an audit to review all DOC funds paid pursuant to the Contract. DOC reserves the right to conduct an independent audit of Contractor if Contractor fails to secure an audit. DOC may also require follow-up review of selected transactions as determined to be necessary.

Contractor agrees to make available to DOC financial records in the format requested for the audit. In the event that Contractor fails to secure an audit, DOC's costs for completing an audit may be charged back to Contractor.

MEDICAL AND INDUSTRIAL GASES Page 15 of 26

4.9 TOBACCO-FREE ENVIRONMENT

All DOC Facilities are Tobacco-Free. Contractors are not to possess or use any tobacco product inside the fence of a DOC Facility.

4.10 FRATERNIZATION AND OTHER DOC POLICIES

All Contractors and their subcontractors (if applicable) working on-site are subject to DOC policies. Please refer to the DOC Rider for more detailed DOC requirements.

4.11 PAYMENT TERMS

Payment will not be made until the delivered gases are determined to meet all specifications, requirements, and deliverables, and has been accepted by the DOC.

Bidders that are not set up as a Supplier in the STAR PeopleSoft system will be required to complete new Supplier paperwork before any payments can be issued. The awarded Bidder will be provided with information regarding new Supplier account set-up by the Procurement Manager. As part of the account set-up, Suppliers may elect to receive payments by check or Automated Clearing House (ACH). ACH payments are highly encouraged to cut down on handling and processing times.

Suppliers may offer state agencies a 2% discount for payments made 10 days after receipt of invoice. If the Supplier does not offer 2% discount terms, the Supplier will be paid 30 calendar days from the date the invoice is received. The DOC must meet a statutory mandate to pay invoices within 30 calendar days of receipt of invoice or services, whichever is later. Exemptions to the mandate are federally funded purchases and aids payments to individuals or organizations.

4.12 INVOICING

4.12.1 Contractor must agree that invoices shall reflect the contracted prices.

DOC verifies invoiced amounts are correct as per the contract. Only properly submitted invoices will be processed for payment. Invoices must conform to the instructions below. Invoices must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Description of Service

• Name of Examinee

• Dates of Service

• Charges in the same format as the terms of the contract

The original invoice must be sent to the DOC address which will be provided to the Contractor prior to contract start date.

4.12.2 The contract is limited to the services listed in the contract document or accompanying attachments or amendments. Services ordered not covered by this RFB will be considered out of scope. The Contractor should not accept or fulfill orders for items out of scope. Invoices sent to DOC for items not covered by the Contract will be denied for payment.

4.12.3 If the DOC is dissatisfied with the quality of the Service, the DOC will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct

MEDICAL AND INDUSTRIAL GASES Page 16 of 26 the deficiency by the date identified in the notice, the DOC may withhold funds under this Contract, request reimbursement for the Service paid for but not delivered, or withhold funds due from delivery under another contract. Nothing set forth herein shall prevent or prohibit the DOC from pursuing other legal or equitable remedies.

4.13 INSURANCE AND CERTIFICATES OF INSURANCE

4.13.1 Insurance Requirements

Throughout the term of this Contract and any renewal periods, Contractor shall maintain insurance in the types and with the limits outlined below. Policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin with a minimum AM Best Company rating of A-, and signed by an authorized agent.

Worker’s Compensation

Statutory Requirements:

$100,000 each accident $500,000 disease-policy liability limit $100,000 disease-policy liability limit for each employee

Commercial General Liability

$1,000,000 each occurrence of bodily injury and property damage $1,000,000 general aggregate, including product liability and completed operations

Automobile Liability (covering all owned, non-owned and hired vehicles)

$1,000,000 per occurrence combined single limit for liability and property damage

4.13.2 Certificates of Insurance

The Contractor shall provide a Certificate of Insurance, with the below noted certificate holder, to the Contract Manager, prior to the Contract start date or the commencement of services.

The certificate holder: Wisconsin Dept. of Corrections

3099 E. Washington Ave.

Madison, WI 53707

Prior to the expiration date of each policy, the Contractor(s) will provide a renewal certificate evidencing continued insurance coverage. Renewal certificates may be emailed to DOCPurchasingHelpDesk@Wisconsin.gov. Please reference the solicitation number or contract number in your email.

4.13.3 Insurance Policy Inspection

Upon request by the DOC, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the DOC’s Risk Manager and the signature of an authorized agent.

The policies and/or certificates shall be submitted to the DOC upon request, for annual review, and/or when insurance coverage(s) or providers are changed. In mailto:HelpDesk@Wisconsin.gov

MEDICAL AND INDUSTRIAL GASES Page 17 of 26 the event the Contractor's required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the DOC.

Subcontractors and independent contractors may be required to submit their Certificate of Insurance to DOC to show they meet the same Insurance requirements. It will be the Contractor’s responsibility to ensure subcontractors and independent contractors are aware of this requirement.

A certificate of insurance is not a required bid submittal of the RFB.

4.14 ACCESS TO DOC FACILITIES

Please refer to the DOC Rider (Attachment G) for detailed information related to access to DOC Facilities and DHS Sand Ridge Secure Treatment Center.

4.15 TERMINATION FOR CAUSE

The DOC may terminate this Contract after providing the Contractor with thirty (30) calendar days’ written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate this Contract after providing the DOC a one hundred and twenty (120) calendar day notice of the State's right to cure a failure of the DOC to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

4.16 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the DOC by providing at least a thirty (30) calendar day notice to the Contractor, and the Contractor providing at least a one hundred and twenty (120) calendar day notice to the DOC in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The DOC shall be entitled to a refund for goods or Services paid for but not received or implemented, such refund to be paid within thirty (30) calendar days of written notice to the Contractor requesting the refund.

4.17 CONTRACT CANCELLATION

The DOC reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes an action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30 calendar day notice

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of §77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

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

MEDICAL AND INDUSTRIAL GASES Page 18 of 26

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

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

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

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a Bidder Price per Unit of Measure (UOM), as it is defined for each Bid Item. If a line item has no charge, enter $0.00. Prices shall be in U.S. dollars.

In the event of errors in calculation, Bidder Price per UOM shall prevail.

5.2 PRICE SHEET INSTRUCTIONS

Bidders shall complete the attached Price Sheet (Attachment D). Bidders shall not alter the Price Sheet content in any manner. Prices must remain firm for the initial one-year contract term. Prices may be lowered due to general market conditions. No surcharges or additional fees may be charged.

5.2.1 The submitted Bidder Price per UOM must include all applicable fees, insurance, delivery and distribution costs; product packaging, inspection, calibration, refilling, record keeping; or any other associated costs in their FOB destination bid prices.

5.2.2 The Extended Annual Cost for each item, based on the item’s Annual Purchase Estimate, will be automatically calculated and auto-fill.

5.2.3 The Bidder Ordering Item Number must be included for each Bid Item. This may also be referred to as a catalog, model or stock number.

5.2.4 The Net Total will automatically calculate and auto-fill on the Price Sheet.

5.2.5 The Bidder shall provide the signature of the Authorized Party, Date Signed, Print Name and Title of the Authorized Party and the name of the Company submitting the bid prices.

5.2.6 Bidding Alternate Products

The manufacturer’s products shown on the Price Sheet are currently being used at one or more Agency Locations. Bidder may offer an alternate manufacturer product believed to be an equal. Any alternate product(s) bid must be identified and clearly identified by manufacturer and catalog, model or stock number. For each alternate, adequate detailed specifications of the product offered must be submitted with the bid to establish equivalency and to insure the alternate product being bid meets all specifications. The DOC will be the sole judge of equivalency and acceptability.

MEDICAL AND INDUSTRIAL GASES Page 19 of 26

5.3 REQUESTING PRICE ADJUSTMENTS

5.3.1 Price increase requests proposed after the initial one-year Contract term must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request and may not increase more than the Consumer Price Index. If DOC deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part.

Acceptance of the price increases must be in the form of an amendment to the contract. Price increases must be labeled with the contract number and be submitted in the same format as the original RFB. Any price increase requested that is not submitted in the proper format may be rejected.

5.3.2 Contractor shall not invoice service fees or additional costs to any Agency Location during the term of the Contract unless approved by the Contract Manager or otherwise agreed to by the Agency Locations Contract Administrator prior to order.

5.3.3 In the event that the price of the medical and/or industrial gases decrease during the term of the Contract, Contractor shall reduce contract prices accordingly.

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that DOC finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on Wisconsin eSupplier Portal.

DATE EVENT

November 8, 2021 Date of Issue of the RFB

November 15, 2021 Date Questions Due (last date accepted)

November 22, 2021 Estimated date Responses to Questions Posted

3:00 pm CST December 1, 2021

Bids Due from Bidders

December 8, 2021 Estimated Intent to Award Date

January 1, 2022 Contract Start Date

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by November 15, 2021. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Manager named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact. Please email to DOCProcurementManager@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid # CJO-8129 and directed to the Procurement Manager mailto:DOCProcurementManager@wisconsin.gov

MEDICAL AND INDUSTRIAL GASES Page 20 of 26

Any questions or protests regarding specifications in this RFB must be submitted in writing to the Procurement Manager by DATE QUESTIONS ARE DUE 3:00 PM CST.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions, including addendums and amendments, will be posted to the Wisconsin eSupplier Portal:

(https://esupplier.wi.gov/psp/esupplier/supplier/erf/h/?tab=WI_BIDDER).

All contact or communication with any employee or officer of the DOC concerning this RFB, except the Procurement Manager is strictly prohibited during the period from the date this RFB is released until the date the Notice of Award is issued. The Procurement Manager may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract(s) with the DOC may continue to communicate with the Contract Administrator(s) regarding the performance of that current Contract(s) only.

Violation of the communication conditions in this section may be considered sufficient cause for rejection of a bid, irrespective of any other considerations.

6.3 REASONABLE ACCOMMODATIONS

Upon request, the DOC shall provide reasonable accommodations, including the provision of informational material in an alternative format or accommodations at a Bid opening or Bidder’s Conference. To arrange any necessary accommodation, please contact:

Charlene Orsted (608) 240-5583 or DOCProcurementManager@wisconsin.gov

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this Service or Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State.

Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin.