AD241004_Annual_Boiler_Testing_and_Tune-up_Service_FINAL.pdf

REQUEST FOR BID

Annual Boiler Testing and Tune-up Service

Number: AD241004

Issued Date: September 15, 2023 10:00 AM CT

Responses Due: October 19, 2023 1:00 PM CT

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1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE RFB

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRCEDENCE

1.6 RESPONDING TO BID REQUIREMENTS

2 MANDATORY BIDDER QUALIFICATIONS

2.1 PROFESSIONAL QUALIFICATIONS AND EXPERIENCE

2.1.1 BIDDER EXPERIENCE

2.2 SERVICES PERFORMED WITHIN THE U.S

2.2.1 WISCONSIN BASED BUSINESS

3 MANDATORY REQUIREMENTS OF BID

3.1 MATERIALS AND EQUIPMENT

3.2 TESTING PROCEDURE

3.3 SCHEDULE OF TESTING SERVICES

3.4 CANCELLATION AND RESCHEDULING

3.5 REPORTING

3.5.1 TEST CONCLUSION

3.5.2 DAY OF TESTING

3.5.2 FINAL REPORT

3.5.3 REPORT TURNAROUND TIME

3.6 DEDICATED ACCOUNT MANAGER

3.7 PAYMENT AND INVOICING

3.7.1 PAYMENT TERMS

3.7.2 INVOICING

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 FRATERNIZATION/AGENCY WORK RULES

4.3 TOBACCO-FREE ENVIRONMENT

4.4 ACCESS TO SECURE FACILITIES

4.5 LIQUIDATED DAMAGES

4.6 SAFETY DATA SHEETS

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4.7 CERTIFICATE OF INSURANCE

4.8 DATA AND USERNAME/PASSWORD SECURITY CONDITIONS

4.8.1 DISCLOSURE OF DFD DATA

4.8.2 USE OF, STORAGE OF, OR ACCESS TO: DFD DATA OR SYSTEMS

4.8.3 SAFEGUARDING THE DFD DATA AND SYSTEM USERNAMES/PASSWORDS

4.8.4 UNAUTHORIZED USE OR ACCESS

4.9 CONTRACT AUDIT REQUIREMENTS

4.10 CONTRACT CANCELLATION AND TERMINATION

4.11 NONDISCRIMINATION AND AFFIRMATIVE ACTION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 COST SHEET INSTRUCTIONS

5.3 REQUESTING COST ADJUSTMENTS

6 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 HARD COPY BID SUBMITTAL (BID BOX AND HAND DELIVERED BIDS)

6.5.3 FORMAT OF BID RESPONSE

6.6 INCURRING COSTS

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 USE OF SUBCONTRACTORS

7.5 SUPPLIER DIVERSITY

7.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.5.2 DISABLED VETERAN-OWNED BUSINESS

7.5.3 VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

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7.6 DEBARMENT

7.7 AWARD NOTIFICATION

7.8 PROTEST AND APPEALS PROCESS

7.8.1 PROTEST AND APPEALS PROCESS

7.8.2 PROTEST CONCERNING A SOLICITATION

7.8.3 PROTEST CONCERNING THE INTENT TO AWARD

8 REQUIRED FORMS AND SUPPORTING DOCUMENTS

1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State of Wisconsin (State) intends to purchase. Reviewing this section shall help determine the Bidder’s ability to meet the Department of Administration (DOA), Division of Facility Development (DFD) needs.

1.1 DEFINITIONS

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

ACH: Automated Clearing House

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.

ASME CSD-1:

ASME CSD-1 refers to the American Society of Mechanical Engineers boiler code that addresses periodic testing and maintenance of boiler Controls and Safety Devices such as temperature and pressure controls, water level controls and pressure relief valves.

Authorized Users:

includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-502 of the State Procurement Manual.

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.

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Bid Factor:

an element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder:

a person or firm that responds to this Request for Bid.

CAPS: Consolidated Agency Purchasing Services

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 State covering the commodities and services to be performed pursuant to this

RFB.

Contract Administrator:

the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager:

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

2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Contractor:

the person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Contractual Services or Services:

an intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

CT: Central Time

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.283, Wis. Stats.

DFD:

Division of Facility Development Contact is Jerome Jansen Jerome.jansen@wisconsin.gov mailto:Jerome.jansen@wisconsin.gov

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DNR: Department of Natural Resources

DOA: Department of Administration

Facility:

Location of testing and tune-up. Locations vary and can be referenced via Appendix 3 – Heating Plant Contact List

FAQ: Frequently Asked Questions

Mandatory:

a requirement labeled as such must be present in the Bid submission, exactly as stated, or the submission shall not be considered by the State of Wisconsin. The terms "must" and "shall" are considered mandatory.

Minority Business Enterprise (MBE):

a business that has been certified by the Department of Administration under §16.287, Wis. Stats.

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 (§16.70(8), Wis. Stats).

NFPA 85:

The National Fire Prevention Association’s Boiler and Combustion Systems Hazards Code is a critical resource to help minimize risks and prevent explosions and implosions in boilers, pulverizing fuel systems, and heat recovery steam generators.

Notice of (Intent to) Award:

a writing issued by the Procurement Specialist notifying all Bidders of the Procuring Agency’s intent to award of a Commodity Contract to the successful Bidder, or in the case of Services, the Procuring Agency’s intent to award a Contract to the successful Bidder.

Procurement Specialist:

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

Procuring Agency:

the State Agency conducting the purchasing transactions.

Requirement:

a descriptive statement of the physical, functional, and performance characteristics of the Commodity or Service required by the Procuring Agency.

Responsive:

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

RFB: Request for Bid

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Safety Data Sheets (SDS):

written or printed material concerning a hazardous chemical which is prepared in accordance with 29 CFR 1910.1200(g)

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).

Supplier: bidder who has been awarded a Contract.

Testing and Tune-up:

Refers to the testing process as defined in Section 3.2 of this RFB document.

USPS: United States Postal Service

1.2 PURPOSE AND SCOPE OF THE RFB

The State of Wisconsin (State), Department of Administration (DOA), through its Consolidated Agency Purchasing Services (CAPS), on behalf of the Division of Facility Development (DFD), requests Bids for the purchase of annual boiler testing and tune-ups along with ASME CSD-1 and NFPA 85 control and safety device testing for boilers at State operated central heating plants and intends to use the results of this process to award a Contract.

Boiler testing and tune-ups must comply and follow ASME CSD-1 and NFPA 85 control and safety device testing requirements.

The State does not guarantee it shall purchase any specific quantity or dollar amount. Bids requiring a minimum number of commodities or services be ordered shall be rejected. There shall be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract.

As required by Wisconsin Statutes, continuance of a Contract beyond the limits of funds available must be contingent upon appropriation of the necessary funds, and the termination of the Contract by lack of appropriations must be without penalty.

The State reserves the right to cancel this RFB for any reason prior to the issuance of the

Notice of Intent to Award.

1.3 CONTRACT TERM

This Contract shall run for an initial three (3) year period. The DFD and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1)-year renewal periods. The Contract must be effective on the date it is executed by the DFD. 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 DFD, and any purchase order (PO) related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

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1.4 MODIFICATIONS OF CONTRACT

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

The Contract shall be effective on the date it is executed by the DFD.

1.5 ORDER OF PRCEDENCE

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 DFD, and any additional terms agreed to in writing by the parties must be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract shall 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 shall prevail:

• Final Signed Contract with clarifications included

• Official purchase order (PO)

• Bid Response as accepted by the State of Wisconsin

• 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 shall prevail:

• Official purchase order (PO)

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 RESPONDING TO BID REQUIREMENTS

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

If no single Bidder is able to meet an individual Mandatory Requirement or qualification, the State reserves the right to eliminate the individual mandatory Requirement or qualification; in such case, the State shall continue the review of Bids and to select the Bid that most closely meets the Requirements and qualification specified in this RFB.

2 MANDATORY BIDDER QUALIFICATIONS

All Bidder Qualifications in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid.

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2.1 PROFESSIONAL QUALIFICATIONS AND EXPERIENCE

Bidder qualifications may be verified through references listed on the Bidder Required Form DOA-3832. The references must be able to verify the Bidder has performed work conducting boiler testing and tune-ups per the Requirements of this RFB. See Bidder References, Section 7.3.

2.1.1 BIDDER EXPERIENCE

Bidder must have provided service conducting boiler inspections and tune-ups for a minimum of three (3) years.

2.2 SERVICES PERFORMED WITHIN THE U.S.

Pursuant to §16.705(1r), Wis. Stats., services must be performed within the United States.

The inability to perform all services in the United States shall be grounds for disqualification.

2.2.1 WISCONSIN BASED BUSINESS

Contractor must have an office based in the state of Wisconsin.

3 MANDATORY REQUIREMENTS OF BID

The following Requirements must be met at no additional cost above the pricing provided in the Bid. All Requirements are defined as minimum mandatory Requirements unless otherwise stated.

Bidder must use Attachment C - Section 3 Bid Factor Matrix to respond to this section.

Failure to meet any mandatory specification shall result in the rejection of the Bid. However, in the event no Bidder is able to meet an individual mandatory Requirement, the State reserves the right to continue the review of Bids and to select the Bid which most closely meets the Requirements specified in the RFB.

All testing must be performed in accordance with ASME CSD-1 and NFPA 85 control and safety device testing for boilers.

3.1 MATERIALS AND EQUIPMENT

Bidder must include, provide, and deliver to the Facility all material and equipment required to complete the testing procedures. This includes all special equipment such as air monitors, gas analyzers, etc. All equipment must be owned and operated by the Contractor.

Any damage caused by the Contractor, while performing the requirements of the Contract shall be corrected by the Contractor, at the Contractor’s expense, and to the satisfaction of the Facility. Damage includes, but is not limited to, existing equipment, buildings, grounds, and/or personal property of the Facility.

3.2 TESTING PROCEDURE

All automatically fired boilers shall have a formal system of preventative maintenance and testing of all controls and safety devices in accordance with the manufacturer’s instructions.

Tests must be conducted annually in accordance with ASME CSD-1.

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Fuels, water, and electric power required for the burner unit during startup, adjustment, and operation must be furnished by the Facility.

3.2.1 Contractor must test all burner safety and limit switches to include, but not be limited to:

• Low and high gas pressure

• Low water

• Low low water (Low water cut out)

• High pressure / temperature switches

• Fuel valve proof of closure

• Flame scanners

• Air flow switches

• Any other burner system related safety device

• Bubble or leak test all fuel safety shut off valves and provide documentation stating whether the fuel safety valves give 100% shut-off.

3.2.2 Contractor must make necessary adjustments to the switches for proper trip points.

3.2.3 Contractor must check all system linkages, ball joints, and assemblies for wear.

3.2.4 Contractor must inspect all boilers/burners/systems and make recommendations for repairs and efficiency up-grades as necessary.

3.2.5 All inspections shall be external utilizing existing boiler site glasses for internal inspections.

3.2.6 Contractor must make recommendations for repairs and upgrades to meet current code, NFPA, and CSD-1 requirements with pricing.

3.2.7 At the end of the test, Contractor must provide documentation stating whether a safety switch passed or failed inspection. Any defects discovered must be brought to the attention of the Facility and the DFD immediately.

3.2.8 Contractor must provide complete burner adjustments, calibration, and testing. This includes, but is not limited to, providing labor plus any calibration and testing equipment and calibration gases, etc. required during adjustment and/or initial testing/operation. All testing equipment itself must be calibrated before testing of boiler. Tuning and adjustments must be discussed with the Plant Superintendent or designee to determine the proper way to set the burner(s) and boiler(s).

DO NOT ASSUME THAT THE BURNERS ARE TO BE SET FOR MAXIMUM EFFICIENCY AT

THE HIGHER END OF THE OPERATING RANGE. Contractor shall be required to return to the

Facility if the Plant Superintendent or designee is not satisfied with the operation of the burners.

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3.2.9 The boiler testing must be scheduled with the contact person listed on Appendix 3 –

Heating Plants Contact List 7-17-23 to prevent any normal steam output disruption during

Facility operations.

The boiler testing must be performed at the Facility’s convenience when an adequate steam load is present to prevent the need to blow any steam into the atmosphere.

Testing and tuning must comply and meet all operation permit limits set forth by the Wisconsin

Department of Natural Resources (DNR). These permits are located on the DNR website at https://dnr.wisconsin.gov/topic/AirPermits/Forms.html for each Facility and boiler.

NOTE: COMPLETE SET-UP THROUGH THE UPPER LOAD RANGES MAY NOT BE

POSSIBLE DURING THE SPRING, SUMMER, OR FALL. IF SUCH SET-UP THROUGH

THE UPPER LOAD RANGES IS NOT POSSIBLE DURING THIS TIME, THE

CONTRACTOR SHALL BE REQUIRED TO SCHEDULE A PROPER TIME TO

COMPLETE THE START-UP AND SET-UP WORK WHEN ADEQUATE STEAM LOADS

ARE AVAILABLE TO COMPLETE SUCH SET-UP THROUGH THE UPPER LOAD

RANGES OF THE BOILER.

3.2.10 Contractor must setup and tune the controls and control panel for all fuels and combinations of fuels.

Contractor must test all combustion and flame safety controls, alarms, annunciators, and cutouts, and must characterize the actuators, valves, and controls for proper operation per

ASME CSD-1.

Documentation of all the calibration, flame safety controls, combustion controls, alarms, annunciators, and cutouts must be incorporated into the final report. See Section 3.5 Reporting.

3.2.11 Contractor must demonstrate that the burner flame when firing on each fuel type and combination firing of both fuels does not impinge upon boiler walls throughout the entire firing range of the burner and shall need to maintain stability at each point on the load range.

3.2.12 The contractor shall demonstrate the boiler’s air-emission and efficiency performance through the entire firing range of the boiler, documenting all the calibrations and testing of the wiring continuity, flame safety controls, combustion controls, alarms, annunciators, and cutouts.

At a minimum, document performance parameters of each fuel type (natural gas, coal, propane, and fuel oil) at firing load points. Load points are stated in the testing sheets.

The fuel chemistry/compositions for this plants’ fuel types, on an “as-received basis analysis” are:

https://dnr.wisconsin.gov/topic/AirPermits/Forms.html

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Natural gas:

Higher Heating Value: 1000 BTU per cubic ft.

CH4 = 90%

C2H6= 5-6%

N2 = 5%

Distillate No. 2 Fuel Oil

Higher Heating Value: 141,000 BTU per gallon

S = 0.0015%

H = 12.3885%

C = 87.5%

N2 = 0.01%

O2 = 0.1%

3.2.13 Upon completion of all testing, Contractor must provide instruction in the safe and proper operation of the burner and its operating controls.

3.3 SCHEDULE OF TESTING SERVICES

Contractor must coordinate with the Facility per Appendix 3 – Heating Plants Contact List 7- 17-23 and DFD to perform the tests at a mutually agreeable time.

Contractor shall coordinate with the Facility contact at least three (3) weeks prior to starting the testing which shall allow Facility staff to prepare the boiler for testing and tuning so as not to disrupt Facility staff capability of providing necessary normal steam output for the overall plant. Further, the testing must be performed - when an adequate steam load is present to prevent the need to blow steam to the atmosphere.

3.4 CANCELLATION AND RESCHEDULING

Cancellation of testing is defined as a termination of a scheduled inspection service.

Direct costs are defined as labor cost and actual incurred per diem expenses for the day of the originally scheduled inspection.

Rescheduling is defined to be a postponement, or delay of a scheduled inspection without seven (7) calendar days' notice.

When cancellation or rescheduling is due to errors or omissions by the Contractor, the DFD shall not pay for any costs incurred by the Contractor. In addition, the cancellation or rescheduling may be cause for termination of the Contract.

If cancellation or rescheduling occurs at the request of the DFD such that a scheduled test date on the contractor's work schedule remains unfilled, the Contractor may bill for direct costs associated with the delay. Cancellation or rescheduling billings shall not exceed the bid cost of the schedule test as stated in Section 2 of Attachment A - Cost Sheet.

The DFD shall not pay a rescheduling penalty when another test site is substituted for the originally scheduled test location.

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3.5 REPORTING

3.5.1 TEST CONCLUSION

At the conclusion of the tests at each Facility, one (1) copy of the report must be emailed in a PDF file to DFD to jerome.jansen@wisconsin.gov. The report shall summarize the test methods and findings.

All reports must have complete documentation attached of all test and analytical methods, field data, and calculation summaries.

3.5.2 DAY OF TESTING

Contractor must complete Appendix 1 – Burner Performance Sheet and Appendix 2 – CSD-1

Checklist. Note any unusual and/or severe deterioration and make a preliminary verbal report to the Facility contact.

When testing has been completed at each location, one (1) copy of the report must be e-mailed in a .pdf file as a single document to the authorized DFD representative, Jerome Jansen at jerome.jansen@wisconsin.gov. The report shall summarize the test methods and findings. Official confirmation of these conditions shall be contained in the written report.

3.5.2.1 Contractor shall use Appendix 1 - Burner Performance Sheet and Appendix 2 - CSD-

1 Checklist forms.

3.5.2.2 The documents must be combined with the invoice for submittal in a single .pdf file.

There must be one file per boiler. The file extension must be in the following format:

• Facility Name_Wisconsin Boiler Registration Tag Number_invoice number.pdf

• Example: UW-Platteville_B00051_123456.pdf

3.5.2 FINAL REPORT

At the end of the tests, no later than two (2) weeks after performing work, at each Facility, Contractor must provide the Facility and the DFD with digital copies of complete, formal, legibly written logs and reports of all above boiler, fan, burner, and controls testing and set-

up. Digital copies must be in .pdf format as a single document and emailed to the Facility and the DFD.

Any defects discovered during testing must be brought to the attention of the Facility and the

DFD immediately.

3.5.3 REPORT TURNAROUND TIME

Contractor must provide a field report to the Plant Superintendent or designee before leaving the Facility.

mailto:jerome.jansen@wisconsin.gov

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A final report must be sent via email to the DFD within two (2) weeks after the actual testing date.

3.6 DEDICATED ACCOUNT MANAGER

Bidder must provide a designated account manager to assist the DFD personnel with ongoing communication, coordinating servicing requests, answer questions, expediting deliveries, etc.

3.7 PAYMENT AND INVOICING

3.7.1 PAYMENT TERMS

Payment shall not be made until the Inspection/Testing is determined to meet all Requirements and deliverables and has been accepted by the DFD.

Bidders who are not set up as a Supplier in the STAR PeopleSoft system shall be required to complete new Supplier paperwork before any payments can be issued. The awarded Bidder shall be provided with information regarding new Supplier account set-up by the Procurement Manager or the DFD accounts payable department. 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 ten (10) days after receipt of invoice. If the Supplier does not offer 2% discount terms, the Supplier shall be paid thirty (30) calendar days from the date the invoice is received. the DFD must meet a statutory mandate to pay invoices within thirty (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.

3.7.2 INVOICING

3.7.2.1 INVOICE DETAILS

Contractor must provide invoices reflecting the Contracted costs. The DFD verifies invoiced amounts are correct as per the Contract. Only properly submitted invoices shall be processed for payment. Invoices must conform to the instructions below. Invoices must be itemized showing:

• Contractor name

• Remit to address

• Contract number

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

Appendix 1 – Burner Performance Sheet and Appendix 2 – CSD-1 checklist must be combined with the invoice for submittal in a single .pdf file. There must be one (1) .pdf file per boiler. The file extension must be in the following format:

Facility Name; Wisconsin Boiler Registration Tag Number; Invoice Number.pdf

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• Example: UW-Platteville_B00051_123456.pdf

Invoices must be emailed to: jerome.jansen@wisconsin.gov.

3.7.2.2 OUT OF SCOPE

The Contract is limited to the commodities and/or services listed in the Contract document or accompanying attachments or amendments. Items ordered not covered by this RFB shall be considered out of scope. The Contractor shall not accept or fulfill orders for items out of scope.

3.7.2.3 DISSATISFACTION

If the DFD is dissatisfied with the quality of the Commodity and/or Service, the DFD shall 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 DFD may withhold funds under this Contract, request reimbursement for the Commodity and/or Service paid for but not delivered or withhold funds due from delivery under another Contract. Nothing set forth herein shall prevent or prohibit the DFD from pursuing other legal or equitable remedies.

3.7.2.4 PROMPT PAYMENT

If the invoice does not include one or more of the items listed in Section 3.7.2.1, the DFD may return the invoice and a form to the DFD indicating the items to be corrected before the invoice shall be considered “properly completed” and processed for payment.

In addition, as described on the Prompt Payment Law website, the DFD shall not add late fees, penalties, or other charges if the State has met the thirty (30) day payment requirement (which is based on the receipt of a properly completed invoice or receipt of the good/service).

Invoices including these unallowable fees shall be returned to the DFD and shall be corrected before the invoice may be considered “properly completed” and processed for payment.

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder must 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 State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions shall occur only if the change is in the best interest of the State.

4.1 BACKGROUND CHECKS

Due to the nature of this solicitation, the DFD reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable, to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) shall negatively impact the Contractor’s ability to meet contractual obligations and Requirements.

mailto:jerome.jansen@wisconsin.gov

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4.2 FRATERNIZATION/AGENCY WORK RULES

All Contractors working on-site are subject to the specific Facility site rules. A copy of these rules may be obtained by written request to the contact person listed in Appendix 3 – Heating Plants Contact List 7-17-2023.

4.3 TOBACCO-FREE ENVIRONMENT

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

4.4 ACCESS TO SECURE FACILITIES

The Contractor shall need access to secure facilities. To access these sites, the Contractor must contact the specific personnel stated on Appendix 3 - Heating Plants Contacts List 7-17- 2023.

4.5 LIQUIDATED DAMAGES

The DFD may suffer damages due to Contractor’s lack of performance of terms and conditions of the resulting Contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non-performance, the DFD shall impose the following liquidated damages for the performance failures.

In the event the Contractor fails to deliver services in accordance with the terms and conditions of the Contract, the DFD shall have the option to either terminate the Contract or temporarily procure the service from another Contractor. If the service is procured from another Contractor, the Contractor must pay to the DFD any difference between the bid cost and the cost paid to the other Contractor.

Both parties acknowledge it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of this, the Contractor acknowledges for the Contract resulting from this Bid, it shall negotiate liquidated damages, as required by the State, for the Contract. The Contractor agrees the DFD shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.6 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by Wis. Stat. §101.58, 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 shall be provided as stated herein, regardless of online availability, to meet State of Wisconsin, United States Department of Labor, and Occupational Safety and Health Administration (OSHA) requirements.

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Safety Data Sheets shall be provided as stated herein to the person listed in Appendix 3 - Heating Plants Contact List 7-17-2023.

4.7 CERTIFICATE OF INSURANCE

At the time the Notice of Intent to Award is issued, the awarded Contractor shall be required to provide copies of applicable insurance certificates within fourteen (14) business days. The DFD shall evaluate all insurance certificates for compliance. Should the appropriate Certificates of Insurance not be received within said time, the DFD reserves the right to cancel the award or Contract and make another award.

The policies and/or certificates must be submitted to the DFD 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, the Contractor must immediately provide notice to the DFD.

The following minimum insurance coverage and limits must be required in the Contract resulting from the Bid award:

A. Workers Compensation (WC) NO EXEMPTIONS Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

B. Commercial General Liability

1. General Aggregate including Products and Completed Operations $1,000,000

2. Each Occurrence $1,000,000

C. Automobile Liability Combined Single Limit $1,000,000

D. Professional Liability (Errors and Omissions)

1. $1,000,000 per occurrence or claim

2. $2,000,000 aggregate

For Services which includes technology consultants, cloud based computing, data storage, payment processing, personal protected information, etc., Contractor shall maintain Cyber Insurance covering claims resulting from wrongful acts committed in the performance of, or failure to perform, all services under the agreement, including, without limitation, claims, demand and any other payments related to electronic or physical security, breaches of confidentiality and invasion of or breaches of privacy.

This coverage is to include Internet Media Liability including cloud computing and mobile devices, for protection of private or Confidential Information whether electronic or non-electronic, network security and privacy; privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized access and use; including regulatory action expenses;

and notification and credit monitoring expenses with at least the minimum limits listed below:

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E. Information Security/Cyber Liability

1. Each Occurrence/Claim $1,000,000

2. Network Security $1,000,000

3. Breach Response/Notification Sublimit Minimum limit of 50% of policy aggregate

Additional Insured: The Contractor must add the “State of Wisconsin, its officers, employees, and agents” as an additional insured under the commercial general and automobile liability policies.

The Certificates of Insurance listed in this section must be provided as stated herein to:

Department of Administration Division of Facilities Development 101 E. Wilson Street PO Box 7866 Madison, WI 53707

4.8 DATA AND USERNAME/PASSWORD SECURITY CONDITIONS

4.8.1 DISCLOSURE OF DFD DATA

Contractor must not disclose DFD data (to include customer data) in any manner which would constitute a violation of state or federal law or the terms of the Contract to any person or entity, except as required to perform the duties set forth in the Contract.

4.8.2 USE OF, STORAGE OF, OR ACCESS TO: DFD DATA OR SYSTEMS

Contractor must only use, store, or access DFD Data or Systems:

1. In accordance with, and only to the extent permissible under the Contract; and

2. In full compliance with any and all applicable laws and regulations (only to the extent applicable to Contractor).

4.8.3 SAFEGUARDING THE DFD DATA AND SYSTEM USERNAMES/PASSWORDS

Contractor agrees use, storage, and access to DFD Data and Usernames/Passwords for State systems must be performed with a degree of skill, care, and judgment customarily accepted as sound, quality, and professional practices.

Contractor must implement and maintain safeguards necessary to ensure the confidentiality, availability, and integrity of DFD Data and Usernames/Passwords for DFD systems.

Contractor must also implement and maintain any safeguards required to be implemented by applicable state and federal laws and regulations.

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4.8.4 UNAUTHORIZED USE OR ACCESS

If Contractor becomes aware DFD Data or Usernames/Passwords for DFD systems may have been accessed, disclosed, or acquired without proper authorization and contrary to the terms of the Contract, Contractor must use reasonable efforts to immediately alert the DFD of any unauthorized use, access, or disclosure, and must immediately take such actions as may be necessary to eliminate the unauthorized use, access, or disclosure. Contractor must give highest priority to immediately correcting any unauthorized use, access, or disclosure and alerting the DFD.

4.9 CONTRACT AUDIT REQUIREMENTS

The Contractor agrees they must grant the DFD access to and the right to examine, audit, excerpt, and transcribe any and all records including but not limited to - books, documents, papers, and any other records in all formats, written or digital, including documents or records held by third parties and records of the Contractor involving transactions relating to this Contract. Such material shall be retained by the Contractor for seven (7) years following completion of the Contract. Contractor must cooperate with any the DFD audits or investigations.

Contractor must honor open-records requests by the public and shall work with the DOA or the DFD open records request department.

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4.10 CONTRACT CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State 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 State one hundred and twenty (120) calendar days' notice of the State’s right to cure a failure of the State 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.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days' notice to the State 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 Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State 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) days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State 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, thirty (30)-day notice.

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of s. 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

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

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

4.11 NONDISCRIMINATION AND AFFIRMATIVE ACTION

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

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

Bidders must submit Attachment A – Cost Sheet.

Section 1 – Bidder must submit a Cost per Test and Tune-up per Facility.

Section 2 – Informational purposes only and shall not be used as part of the method of award.

5.2 COST SHEET INSTRUCTIONS

Bidders must complete Attachment A – Cost Sheet.

Bidder must provide their name (green cell).

Bidders must provide a Cost per Test and Tune-up for years one (1) through three (3) in the yellow cells of Section 1. Total cost shall be auto calculated. In the event of errors in calculation, the Cost per Test and Tune-up per Facility shall prevail.

Bidders must provide a Cost per Test and Tune-up for years four (4) and five (5) in the orange cells of Section 1. These costs are for informational purposes only and shall not be included in the award determination.

Bidder must include all labor, equipment, mileage, travel expenses, lodging, and material necessary to perform testing and tune-up services on selected boilers located at various state of Wisconsin Facilities.

Bidders must provide a labor cost for hourly service or repair call (per person per hour) in the orange cells of Section 2. These costs are for informational purposes only and shall not be included in the award determination. The cost per person per hour (orange cell) may be used for any additional services the DFD may decide to procure during the Contract term. See Section 3.4 Cancellation and Rescheduling.

Costs must be in U.S. dollars to two (2) decimal places unless otherwise indicated. Alternate cost formats shall not be accepted and may result in disqualification of the Bid. Only numerical values (i.e., 80) shall be accepted. Anything other than a numerical value (i.e., N/A) may disqualify your Cost Sheet.

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Failure to provide costs for all required areas under Section 1 and 2 may result in the rejection of the Bid.

Bidders must not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

5.3 REQUESTING COST ADJUSTMENTS

Bid costs shall remain firm for the initial Contract period.

The DFD must review any adjustment of costs, whether an increase or decrease, before the beginning of a Contract renewal period.

Requests for cost increases must be made by the Contractor, in writing, to the DFD ninety

(90) days prior to the renewal period. Cost increase requests must be justified with supporting documentation of industry-wide increases. Any cost increase must be mutually agreed upon between the DFD and the Contractor. If the DFD deems the cost increases are not acceptable, the DFD reserves the right to rebid the Contract in whole or in part. An acceptance of the cost increase must be in the form of an amendment to the Contract.

Any cost decreases must be provided to the DFD within thirty (30) days of the effective date of the cost decrease.

6 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 THE DFD finds it necessary to change any of these dates and times (except estimated dates and times), it shall do so by posting an amendment to this RFB on the Wisconsin eSupplier Portal.

DATE EVENT

September 15, 2023 at 10:00 AM CT Issue of the RFB

September 28, 2023 1:00 PM CT Questions Due

October 5, 2023 1:00 PM CT Responses to Questions Posted to eSupplier (estimated)

October 19, 2023 1:00 PM CT Bids Due from Bidders

October 19, 2023 3:00 PM CT Microsoft TEAMS Bid Opening

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Specialist representative named below of the issue in writing.

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Bidders are expected to raise any questions or clarifications concerning the RFB document by the date listed in Section 6.1 Calendar of Events. The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarifications.

Email is also accepted for the submission of questions and/or clarifications and must refer to Request for Bid AD241004 and be directed to Mark Simon at mark.simon@wisconsin.gov.

Bidder questions received shall be documented and posted to the Supporting Documents in eSupplier as an amendment. It is the Bidder’s responsibility to check the Wisconsin eSupplier Portal for any additional questions and answers pertaining to this RFB. In the event it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments, or addendums shall be posted on the Wisconsin eSupplier Portal.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mark Simon, is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Mark Simon may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the DFD may continue to communicate with the DFD Contract Administrator regarding the performance of the current Contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, the DOA-CAPS shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodation is needed contact Mark Simon at mark.simon@wisconsin.gov or call 608- 264-9587.

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders currently registered on the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) shall receive official notices throughout the procurement process for this RFB.

Bidders who register on the Wisconsin eSupplier Portal after the posting of this RFB shall receive official notices of future procurement solicitation opportunities for the State of Wisconsin and University of Wisconsin System campuses.

To register on the Wisconsin eSupplier Portal access the following website for instructions https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo

Bidders may obtain additional State of Wisconsin purchasing information at https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

Bidders without internet access may request to receive a hard copy.

6.5 SUBMITTING A BID

Bidders shall respond to the RFB in either the Wisconsin eSupplier Portal or by providing a hard copy Bid response.

mailto:mark.simon@wisconsin.gov mailto:mark.simon@wisconsin.gov https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

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Faxed and emailed Bids shall not be accepted.

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED) Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this RFB. The State has developed questions providing online guidance for an electronic response to the RFB (Bid Factors). If responding electronically, do not submit a hard copy of any materials unless directed to do so elsewhere in the Bid document.

Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received and reviewed by the State. Only clicking "Save" does not submit the Bid response; therefore, it shall not be received nor reviewed by the State.

Certain qualifications and Requirements shall be presented as itemized questions requiring an affirmative response from the Bidder indicating 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.

Bidders submitting Bids via the Wisconsin eSupplier Portal must follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

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

• File names must be no longer than 64 characters, including the file extension (e.g., “.docx”) and cannot contain special characters (e.g., commas or percent signs).

• The maximum file size is 80 Mb.

• The eSupplier system shall not allow a file with macros included and enabled.

• Bidders may only upload a single file in response to a Bid Factor.