8329 Solid Waste and Recycling Services RFB Final.docx

REQUEST FOR BID

SOLID WASTE AND RECYCLING SERVICES

JJJ-8329

Issued: April 26, 2021 Responses Due: June 10, 2021 at 3:00PM CDT

Table of Contents

7.9 NOTIFICATION OF AWARD…………….…..…..………………………………………………….21

8.0 REQUIRED FORMS 21

1.0 INTRODUCTION AND PURPOSE

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

1.1 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids for the purchase of Solid Waste and Recycling Services on behalf of Division of Adult Institutions, and intends to use the results of this process to award multiple Contracts. The DOC does not guarantee it will purchase any specific quantity or dollar amount. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract.

DOC reserves the right to remove recycling services at a specific location by providing the Contractor 30-day notice. The awarded Contractor may be given the opportunity to purchase recyclables for that DOC location in the future. The contract does not cover the removal of hazardous waste, medical waste, or any other problematic wastes that are banned by the County, State, or any other regulatory authority.

The attached Facility Location Map and Addresses – Attachment B and the Facility Data Sheet – Attachment C shows the locations of the DOC facilities requiring services in this Request for Bid. The DOC intends that this contract will include awards to multiple vendors, ensuring that the solid waste collection/disposal and recycling services are available at all facility locations.

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 three-year period. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) three-year periods. The Contract shall be effective on the date it is executed by the DOC. 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

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 solid waste and recycling services at other locations not specified in the RFB. The Contractor awarded solid waste and recycling services 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 solid waste and recycling services to determine if they can provide solid waste and recycling services to the expanded location. Services levels and pricing shall be negotiated with the Contractor.

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.

2.1 Bidder shall have a minimum of 2 years’ experience providing Solid Waste and Recycling Services and must have done so for the past 2 years.

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.

Bidder shall use Attachment E – Bid Response Requirements to respond to this section.

3.1 Bidder Requirements

3.1.1 The Bidder shall provide required service for solid waste collection/disposal and recycling as presented in this document.

3.1.2 Bidder shall provide placement of waste and recycling containers, lids, and liners. All containers must be covered. The lids must be kept in good working condition and remain closed at all times.

3.1.3 Bidder shall keep all containers and equipment in a safe, clean, odor-free, and in overall good condition. Containers with excessive rust, dents, scratches, etc. shall be immediately replaced, at the Contractor’s expense, with another container in good condition. DOC reserves the right to ask the Contractor to remove and replace containers and equipment that is deemed to not be acceptable condition.

3.1.4 All containers shall be clearly and appropriately labeled in accordance with the standards set by the Department of Agriculture, Trade, and Consumer Protection (DATCP).

3.1.5 Additional waste and recycling container labels shall be provided by the Contractor as needed.

3.1.6 Bidder shall provide sanitation training on waste handling and recycling for DOC staff if requested by the facilities. Training shall be available minimally one (1) time annually at the DOC location requesting the training.

3.1.7 Bidder’s vehicles shall be clearly identifiable and must have the company name on both sides of the trucks, cabs, and/or packer bodies.

3.1.8 All vehicles used for disposal services must be equipped with back-up alarms of the audio type.

3.1.9 Bidder must be licensed by the Wisconsin Department of Natural Resources (DNR), for collection and transportation of solid waste.

3.1.10 Bidder shall be in compliance with applicable requirements according to the provisions listed under State Administrative Chapters NR 500 and NR 502.06.

3.1.11 The Bidder must be in compliance with applicable State and Federal Health and Safety regulations

3.1.12 Bidder shall be required to keep information on the tare weights, date of pick-up, and customer identification for any roll-off containers or compactors used under this contract. Information shall be made available electronically for any 12-month period, at the request from a DOC location.

3.1.13 All compactors supplied by the Contractor must have the control box surface-mounted. The disconnect box must be located near the control box. Contractor shall provide each DOC site contact person a copy of the user manual for each Contractor-supplier compactor.

3.2 SERVICE LOCATION

DOC locations are spread out throughout the entire State of Wisconsin. Bidders should refer to Attachment B – Facilities Location Map and Addresses. Bidders don’t need to provide a bid for every location or group of locations to be eligible to receive an award. Bidders shall offer solid waste and recycling services at a location or group of locations to be eligible to receive an award.

3.3 PROGRAM SPECIFICATIONS

3.3.1 Landfills receiving waste from DOC must be located within the State of Wisconsin. The Contractor shall use a DNR licensed and approved landfill.

3.3.2 The landfills used must be in compliance with applicable requirements as found in State Administrative Chapters NR 504 through NR524.

3.3.3 All landfill sites shall comply with all ordinance regulations pertaining to applicable disposal at each site.

3.3.4 The landfill operator shall be in compliance with applicable State and Federal Health and Safety regulations, as well as applicable city, town, and county ordinances and zoning regulations.

3.4 SCHEDULE AND INFRASTRUCTURE CHANGES

3.4.1 The Contractor(s) must respond, within 48 hours, to DOC schedule change requests. Schedule changes could consist of, but are not limited to, the following:

All changes that require price changes shall be documented in writing and approved by the DOC Contract Manager

3.4.2 Contractor(s) shall respond within 7 days of notification of the need of a haul away container. The Site contact person and the vendor shall work out an acceptable schedule for DOC and the contractor.

3.4.3 The Contractor and/or site contact person shall be alerted to repeated, reduced, or increased frequency of pickup or necessary adjustments of container size so that adjustments can be made. Required changes shall be approved by the site contact person. All changes shall require written approval by DOC.

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 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 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.

4.4 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.

4.5 PAYMENT TERMS

Payment will not be made until the solid waste and recycling services 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.

4.6 REPORTING

The Contractor is to submit a waste and recyclable materials report for the calendar year to each facility by the end of each year, listed the tonnage collected by category by weight. The Contractor must be capable of providing data to the Department of Corrections by facility for the volume of waste generated and type of waste for DNR reporting purposes.

4.7 INVOICING

4.7.1 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

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

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

4.7.2 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.

4.7.3 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.

4.8 CERTIFICATES OF INSURANCE

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.

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.

4.9 ACCESS TO DOC FACILITIES

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

4.10 TERMINATION FOR CAUSE

The DOC may terminate this Contract after providing the Contractor with ninety (90) 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.

4.11 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 ninety (90) 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.

4.12 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 acts 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

4.13 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.

4.14 PHOTOGRAPHIC OR VIDEO IMAGES AND AUDIO FOOTAGE

No photographic or video images or audio footage may be taken while on DOC property or within its facilities without prior express written consent by the DOC.

Please refer to the DOC Rider for detailed information related to photographic or video images and audio footage within DOC Facilities.

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a net unit price for each location to be broken down by disposal method (front load, roll off, compactor, etc). 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.

5.3 REQUESTING PRICE ADJUSTMENT

Price increases will not be permitted during the first year of the initial Contract term. After the first year, Contractors may request price increases no more than once per year and shall include written documentation to substantiate actual price increases or costs incurred by the service provider.

Price increase requests shall be submitted no later than November 1st (2022 is the first year this contract is eligible for a price increase request) and all price changes will be reviewed and if approved, implemented on January 1st.

5.3.1 All price increases shall be approved in writing by the DOC Contract Manager.

5.3.2 Automatic price increases are not allowed and will be disputed

5.3.3 Additional Fees: Contractors may not invoice service fees or additional costs to any Authorized Users during the term of the Contract unless approved by the Contract Manager or otherwise agreed to by the Authorized User prior to order.”

5.3.4 In the event that the price of the Service decreases during the term of the Contract, Contractor shall reduce contract prices accordingly.

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF

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 May 25, 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 # JJJ-8329 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: Jeff Johnson, (608) 240-5501, 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 institutions they are interested in bidding on 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. DOC is not responsible for any information that may be missed due to Bidder not performing a Site Visit.

Site Visits will be held between May 4, 2021 through May 18, 2021. Bidders shall contact any site they plan to perform a site visit at, reference Attachment D – Facility Contact Information to schedule. DOC 2430 Facility Security Clearance Background Check shall be submitted to each site, a minimum of 72 business hours prior to site visit.

6.6 BIDDER CONFERENCE

A Bidder Conference will not be held.

6.7 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials (see Attachment E) 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 June 10, 2021 at 3:00PM CDT. 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: Solid Waste and Recycling Services

RFB NUMBER: JJJ-8329

RFB DUE DATE AND TIME: June 10, 2021 at 3:00PM CDT

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

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 A – Bid Price Sheet, 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 E – Bidder Checklist, 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.

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

Bids will be opened on the date and time indicated in Section 6.1 at 3099 E. Washington Ave., Madison, WI 53704. Names of the bidders shall be read aloud at that time.

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. If the restrictions change and a public bid opening is going to be held, all Bidders registered in eSupplier will be notified via email.

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) will be made on the basis of the lowest price from a responsive, responsible Bidder that meets specifications per location or group of locations as specified on Attachment A - Bid Price Sheet. 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 multiple Bidders, which 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 2 years. For each organization listed, the Bidder shall include the 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.

7.8 SUPPLIER DIVERSITY

7.8.1 MINORITY-OWNED BUSINESS ENTERPRISE

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. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts.