8223_RFB Sludge Removal and Disposal 2.1.2021 RB.docx

REQUEST FOR BID

SLUDGE REMOVAL AND DISPOSAL

DAP 8223

Issued: February 8, 2021 Responses Due: March 4, 2021 3:00 pm CT

Table of Contents

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.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids on behalf of Kettle Moraine Correctional Institution hereinafter referred to as "KMCI” and Fox Lake Correctional Institution hereinafter referred to as “FLCI” for the purchase of the removal and disposal of approximately 700,000 gallons of sludge annually from KMCI and approximately 700,000 gallons of sludge annually from FLCI. The DOC intends to use the results of this process to award Contract(s) to one or more Bidders. Bids that require a minimum number of Units of Service will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract(s).

Other State agencies 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

This Contract will run for an initial one-year period starting April 1, 2021. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional 4, one-year periods. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

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

1.3.1 Transition Extension Period

The 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.

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.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing 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.

Possible Expansion of Services During the term of the resulting Contract, DOC reserves the right to negotiate the expansion of sludge removal at other locations not specified in the RFB. The Contractor(s) awarded this contract nearest to the additional service location, shall be given the first opportunity to respond to DOC’s request to add the location. If the nearest Contractor is unable to provide the services, DOC shall contact other Contractors awarded sludge removal to determine if they can provide sludge removal to the expanded location. Services shall be provided at the Contractor’s same or lower contract rate.

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.

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.

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the 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/Specifications will be presented by the DOC as itemized questions that require an affirmative response from you that you can meet them (e.g., "yes/no" prompt, dropdown menu, required attachment). Other requirements may be presented in a grouped manner (e.g., "Does your company meet requirements 2.1-2.8?"). For any itemized or grouped requirements that you cannot meet, you must check "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.

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 STAFF QUALIFICATIONS, TRAINING, AND EXPERIENCE

All documentation required under Staff Qualifications must be submitted within 5 business days of receipt of the Notice of Intent.

3.1.1 All haulers must be at least 18 years old and pass a background check.

3.1.2 All haulers must have a valid CDL driver’s license.

Fox Lake Correctional Institution W10237 Lake Emily Rd P.O. Box 147 Fox Lake, WI 53933-0147

Kettle Moraine Correctional Institution W9071 Forest Drive Plymouth, WI, 53073

3.3 TECHNICAL SPECIFICATIONS

Bidder shall use Attachment A to respond to this section.

3.3.2 Sludge removal and disposal must be done Monday through Friday between the hours of 6 a.m. and 6 p.m. If additional time is required, the Bidder must work with the institution for extended hours.

3.3.5 Alternative disposal arrangements are solely the responsibility of the Bidder. This may include subcontracting the work. The added cost of this disposal will be paid by the originating institution only if the emergency which requires such use was not caused by the fault of the Bidder for such reasons as, but not limited to, poor scheduling or equipment problems. The DOC shall be the sole judge of what constitutes an emergency and determines who is at fault.

3.3.6 All management services shall be included in the base per gallon bid at no extra cost including the Certified Lab Test Fees (please provide bottles and pickup) must meet NR204 regulations.

3.4 REPORTING REQUIREMENTS

3.4.1 The Bidder shall provide the DOC with the annual sludge and accumulated yearly summary information necessary for DNR reports and must be delivered to the institution on or before 3:00 p.m. January 10th of each year or the Friday before if the 10th falls on a Saturday or Sunday. Soil Test reports are to be submitted as needed in compliance with DNR rules.

3.4.2 The Bidder shall submit the application logs to DOC to report gallons of sludge removed, the disposal field used, application rate, soil analysis; and must be submitted with the invoice 30 days after removal and disposal date.

3.4.3 The Bidder shall notify the institution 3 – 4 days in advance of arrival for background checks to be completed and to complete gate pass. The Bidder must provide a 24-hour advance notice to either confirm or cancel when the Bidder will be onsite.

3.4.4 The Bidder must assure compliance with the WPDES permit and all other requirements.

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.

4.1 EXECUTING SERVICES OR PURCHASE ORDERS

No Service is to be provided until an official State of Wisconsin Purchase Order is issued by the DOC 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 BACKGROUND CHECKS

Due to the nature of this solicitation, the DOC reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors if contracted staff will enter a DOC facility or secure facility, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Service 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 for detailed background check requirements for DOC.

4.3 AUDITING

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

B. Contractor shall comply with the auditing requirements of the DOC including making available to the 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.

C. The DOC may require that the Contractor procure an audit to review all DOC funds paid pursuant to the Contract. The DOC reserves the right to conduct an independent audit of Contractor if Contractor fails to secure an audit. The DOC may also require follow-up review of selected transactions as determined to be necessary. Contractor agrees to make available to the DOC, financial records in the format requested for the audit. In the event that Contractor fails to secure an audit, the DOC's costs for completing an audit may be charged back to the Contractor.

4.4 SERVICE TIMELINE

Contractor must complete all services within 15 days of the initial call. If Contractor cannot complete all services within this time, the contractor must provide a progress report of when the service will be completed to DOC. If the Contractor is unable to provide the services within the timeline requested, DOC reserves the right to obtain services elsewhere. The contractor shall be responsible for any additional cost to DOC.

4.5 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.

4.6 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.

4.7 PAYMENT TERMS

Payment will not be made until the service is 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.

The 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

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

The original invoice must be sent to the address listed on the Purchase Order for that facility.

If a subcontractor is used to provide the service, they must invoice for services performed, and it must be at the current Contract rate the DOC has with the primary contractor.

4.8.2 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 shall not accept or fulfill orders for items out of scope. Invoices sent to the DOC for items not covered by the Contract will be denied for payment.

4.8.3 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 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.

Bidder may elect to terms of a 2% discount for payment made within 10 days of receipt of an invoice by the DOC. If the Bidder does not accept 2%, the Bidder will be paid in 30 days from the date the invoice is received. The Bidder is highly encouraged to receive their payments by Automated Clearing House (ACH).

4.9 CERTIFICATES OF INSURANCE

INSURANCE POLICY INSPECTION (Service) 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 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.

Throughout the term of any resulting 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. The Contractor shall provide a Certificate of Insurance to the Contract Manager, prior to the Contract start date or the commencement of services.

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

$2,000,000 general aggregate, including product liability and completed operations

$2,000,000 general aggregate

The certificate shall add the “State of Wisconsin, its officers, employees and agents” as an additional insured under the commercial general and contractor’s pollution liability policies.

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.

4.10 ACCESS TO DOC FACILITIES

Please refer to the DOC Rider for detailed information related to access to DOC Facilities.

4.11 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.

4.12 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.

4.13 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 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)

· 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

4.14 NONDISCRIMINATION AND AFFIRMATIVE ACTION

Bidder shall comply with Section 19 of the Standard Terms and Conditions (DOA 3054) and submit an affirmative action plan as required.

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

5.2 PRICE SHEET INSTRUCTIONS

Bidders shall complete the attached Price Sheet(s). Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicates otherwise.

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.

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by February 18, 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 # 8223 and directed to the Procurement Manager

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: Deb Adamski-Pavloski, 608.240.5499, or email at 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. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Service or Commodity area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

6.5 PRE-BID SITE VISIT

Bidders are encouraged to visit the job site prior to submitting a Bid to assure themselves and the DOC that they understand the requirements of the project. Bidder is not required to attend a Site Visit in order for their Bid to be considered for an award. For all mandatory Site Visits, the Bidder shall attach a site visit verification signed by the designated DOC representative with its Bid.

Site Visits will be held between February 8 – 18th. For Fox Lake contact William Weisensel at 920.928.2506 and for Kettle Moraine contact Jason Spanbauer at 920.526.9344.

Bidders must contact them a minimum of 3 days in advance so background checks can be completed. The Bidders must comply with the institution’s requirements for entry during COVID-19 and should verify what the requirements are when contacting the institution for their background checks.

6.7 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials (see Attachment A) shall be received for acceptance of their Bid by the date and time listed on the Bid cover or through eSupplier. Bids received after that date and time will be rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by Purchasing for the purposes of this RFB. Use one of the options below for submission of the Bid.

Faxed and emailed bids are not accepted.

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

Certain requirements, qualifications and Specifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e. “yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. “Does your company meet requirements 2.1-2.8”). For any (itemized or grouped) requirements that cannot be met, a “no” shall be checked and a supplemental document shall be provided as an attachment to explain

Allow time for entering a Bid Response in eSupplier. Keep in mind the following if an error occurs:

Please note, Vendors must click "Submit" in the Wisconsin eSupplier Portal to have their response received. Only clicking "Save" does not submit the Vendor’s response; therefore, it shall not be received or reviewed. Vendors will receive verification that a response has been submitted.

6.7.2 MAILED or HAND DELIVERED BID SUBMITTAL

If Bidders elect to mail or hand deliver a bid, Bidders shall submit an original signed Bid, marked as stated below, one hard copy labeled “copy” and one electronic version (Word or PDF saved on a flash drive or memory stick) of all materials required in Section 6.8 for acceptance of their Bid by the deadline to:

All Bids shall be received and time-stamped at the above location no later than March 4, 2021 3:00 pm CT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOC Procurement Office.

All Bids shall be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

RFB TITLE: Sludge Removal

RFB NUMBER: 8223

RFB DUE DATE AND TIME: March 4, 2021 by 3:00 pm CT

The State is not responsible for deliveries that do not reach the DOC Procurement Office by the required due date and time.

The front entrance at DOC Central Office is currently not open to the public due to COVID 19. If you decide to hand deliver, you will need to take your bid to the east end loading dock. It is highly recommended that bidders submit their bids via eSupplier.

6.8 FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

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

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

If any information as part of the solicitation has been labeled as proprietary or confidential on DOA 3832, the Bidder must submit an electronic version of the redacted submittal.

By submitting a signed Bid, the Bidders signatories certify that in connection with this procurement: (a) the Bidder’s organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition; (b) the prices quoted in the Bid have not been knowingly disclosed by the Bidder's organization or by any agent of the Bidder's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor; and (c) no attempt has been made or shall be made by the Bidder's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

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

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

Price Information: Provide price information on the Price Sheet Attachment B, included in this RFB. All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

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

6.9 MULTIPLE BIDS

Multiple Bids from a Bidder will be permissible, however each Bid must conform fully to the requirements for Bid submission. Each such Bid must be separately submitted and labeled as Bid #1, Bid #2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple Bids.

6.10 INCURRING COSTS

The DOC shall not be responsible for any costs incurred by the Bidder to prepare and respond to this Bid, conduct its due diligence or negotiate any agreements whether or not a contract is awarded. Such Bid and business development costs shall not be included in the cost basis of services to be provided to the DOC.

Bids will be opened on the date and time indicated in Section 6.1 at 3099 E. Washington Ave., Madison, WI 53704. If meeting restrictions are still in place because of COVID 19, a list of vendors that submitted a bid will be sent, upon request to the Procurement Manager, within one business day.

7.2 BID REVIEW

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

7.3 BID ACCEPTANCE

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

7.4 METHOD OF AWARD

Award(s) for the Sludge Removal and Disposal will be made on the basis of the lowest price per gallon and cost per cleaning per location from a responsive, responsible Bidder that meets specifications. Bids shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The DOC intends to award to one Bidder for the Sludge Removal and Disposal, whichever is judged to be in the best interest of the State. The DOC is the sole determinant of its best interests.

7.5 PROTEST AND APPEALS PROCESS

Notice of Intent to Protest a proposed Bid award and the actual protest shall be made in writing to the head of the Procuring Agency (or his or her designee) as set forth below. The protest procedure applies to only those requests for Bids for Services that are over $50,000. The protest shall be as specific as possible, and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The Notice of Intent to Protest shall be filed with the individual listed below, and received by the head of the Procuring Agency Head (or designee) no later than five (5) business days after the Notice of Intent to Award is issued.

The actual Protest also shall be filed with the individual listed below, and shall be received by the head of the Procuring Agency (or designee) within ten (10) business days after the Notice of Intent to Award is issued.

With a copy to the Procurement Manager at DOCProcurementManager@wisconsin.gov

7.5.1 APPEALS

The decision of the head of the Procuring Agency may be appealed to the Secretary of the Department of Administration, in writing, within five (5) business days of the Procuring Agency's issuance of its written Protest decision.

A copy of the Appeal shall also be filed with the head of the Procuring Agency. The Appeal shall be as specific as possible, and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

7.6 BIDDER REFERENCES

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

7.7 USE OF SUBCONTRACTORS

The Contractor will be responsible for the Contract performance of its subcontractors. The Contract will be between the DOC and the awardee. The Contractor will be responsible for its subcontractors' performance of the pertinent Contract obligations including related Specifications, insurance requirements, and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract.

All subcontractors shall be approved in writing by the DOC. Any proposed substitution of an approved subcontractor shall be submitted in writing to the DOC 30 calendar days prior to implementation of the substitution, and include the substitute's qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the DOC may result in cancellation of the Contract without notice and without penalty to the State.

For all Subcontractors, Bidder shall: 1) Name the Subcontractor; 2) Explain its relationship with the Subcontractor; 3) Describe the role the Subcontractor will play; and 4) Provide the name and a description of Subcontractor(s) relevant qualifications and capabilities.

Minority-Owned Business Enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts.