AG-2021-13 SCOB.doc

Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED AND ADDRESSED TO:

AGENCY ADDRESS:

Department of Agriculture, Trade and Consumer Protection

Finance Section

2811 Agriculture Drive

Madison WI 53718

If using PO Box, PO Box 8911, 53708-8911

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid number AG-2021-13. Late Bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the Bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a Bid by the mail system does not constitute receipt of a Bid by the purchasing office. Any Bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other Bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID # AG-2021-13

Friday, October 16, 2020 2:00PM CDTfillin "Date and time"

BIDDER (Name and Address)

Name (Contact for further information)

Mary Henslerfillin "Contact Person"

Phone

608-224-4752 Date Issued 10/08/2020fillin "Phone" fillin "Date"

Quoted Price and Delivery FOB Destination:

DATCP-BLS Lab, 2601 Agriculture Drive Madison, WIfillin "F.O.B /Destination"

Fax and e-mail bids are not accepted

Item

No.

Quantity and Unit

Per Unit Total

REQUEST FOR BID

Industrial Laboratory Gases

FAXED BIDS WILL NOT BE ACCEPTED

We claim minority Bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, WI 53703, (608) 261-2510. Does Not Apply to Printing Bids.

We claim Wisconsin certified disabled veteran-owned business preference. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED disabled veteran-owned business. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, WI 53703, (608) 261-2510. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our Bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Unknown No Yes

In signing this Bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this Bid has not been knowingly disclosed prior to the opening of bids to any other Bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our Bid.

Name of Authorized Company Representative (Type or Print)

Title

Phone

Fax

Signature of Above

Date

E-mail

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

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://vendornet.state.wi.us. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you must follow in order to submit a response to the RFB.

1.

Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the DATCP’s needs.

2.

Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs in order to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the DATCP’s needs.

3.

The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your Bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the DATCP’s needs.

4.

Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is critical because the Bid pricing will determine what Bidder(s) will be allowed to enter into a Contract with the State).

5.

The remaining sections of the RFB describe the process you must follow and the way you must present your Bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6.

If you are still interested in competing for the State’s business, you should provide your best pricing, and complete all the required forms and review Section 9.0 State Contract Form.

7.

Please note, your Bid response must be complete and accurate. You must follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Manager identified in the RFB.

8.

Your RFB response must arrive at the proper location before the due date and time. Late Bids will be rejected.

Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future procurement opportunities.

TABLE OF CONTENTS

1.0

INTRODUCTION AND PURPOSE

31.1

DEFINITIONS

1. 2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3

CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5

ORDER OF PRECEDENCE

1.6

COOPERATIVE PURCHASING SERVICES

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1

GENERAL REQUIREMENTS

4.0

SPECIAL TERMS AND CONDITIONS OF BID

4.1 ORDERS

4.2

DELIVERY REQUIREMENTS

4.3

BACKGROUND CHECKS

4.4 PAYMENT TERMS

4.5 SAFETY DATA SHEETS

4.6 CERTIFICATES OF INSURANCE (commodity)

4.7

CANCELLATION AND TERMINATION

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

5.2

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

5.3

PRICE SHEET INSTRUCTIONS

5.4

REQUESTING PRICE ADJUSTMENTS

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3

REASONABLE ACCOMMODATIONS

6.4 SUBMITTING A BID

6.5

FAXED BIDS

6.6

EMAILED BIDS

6.7

FORMAT OF BID RESPONSE

6.8

MULTIPLE BIDS

6.9

INCURRING COSTS

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

7.2

BID REVIEW

7.3

BID ACCEPTANCE

7.4

METHOD OF AWARD

7.5

BIDDER REFERENCES/CLIENT LIST

7.6

USE OF SUBCONTRACTORS

7.7

SUPPLIER DIVERSITY

7.7.1

MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2

VETERAN-OWNED BUSINESS

7.7.3

DISABLED VETERAN-OWNED BUSINESS

7.7.4

WOMAN-OWNED BUSINESS ENTERPRISE

7.9

DEBARMENT

7.10 AWARD NOTIFICATION

8.0

SECURITY & CONFIDENTIALITY OF MATERIALS

9.0

REQUIRED FORMS

1.0

INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

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

1. 2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

DATCP-BLS requests Bids for the purchase of Industrial Gases, and intends to use the results of this process to award a Contract. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the Contract.

DATCP does not guarantee it shall purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities 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.

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

1.3 CONTRACT TERM

This Contract will run for an initial one (1) year period. DATCP and the Contractor, upon written mutual agreement, may renew the Contract for up to four (4) additional one (1) year period. The Contract shall be effective on the date it is executed by the DATCP. 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 DATCP and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

Successful Bidder should retain a copy of this RFB document and their own reponse to the RFB, as it becomes part of the awarded contract.

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 Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

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 DATCP, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

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

· Request for Bid

· Bid response as accepted by the State of Wisconsin

· Official Purchase Order

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333 / Attachment C), for definitions and other information on Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the DATCP and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the DATCP and providing appropriate documentation and support and reporting Contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached to this RFB).

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, DATCP reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

Before the award of any Contract, the Department shall be satisfied that the Bidder has sufficient qualified resources available for pervading commodities described in this Bid. It is the Bidder’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

2.1 Bidder shall have been in the business of providing Industrial gases for the past three (3) years. Bidder shall submit three (3) previous clients to demonstrate proof of the successful experience.

· Bidder shall submit documentation of being in the business of providing medical and industrial gases for the past three years.

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements must be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that 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 that most closely meets the requirements specified in this RFB.

3.1

GENERAL REQUIREMENTS

3.1.1 All industrial gases shall comply with NFPA standards.

3.1.2 Provide cylinder size on all items being quoted on Attachment F (excel document).

3.1.3 Provide item numbers on all items being quoted on Attachment F (excel document).

4.0

SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional 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 will occur only if the change is in the best interest of the State.

4.1 ORDERS

Specific order/s including contract blanket order or purchasing card order/s may be used.

4.1.1 Purchase orders issued as a one-time order.

4.1.2 Blanket Purchase Order/s: issued for a specified period of time, to allow departmental personnel to issue releases against the blanket purchase order as needed.

4.1.3 Purchasing Card order/s issued as one-time order.

4.1.4 Purchase order may be sent by US Mail, phone, fax, internet via email, etc.

4.2

DELIVERY REQUIREMENTS

Delivery requirements are as follows: Within a week of ordering. Failure to accept this delivery requirement may disqualify the Bid.

4.2.1 Delivery shall be FOB Destination Freight Prepaid and Allowed. Carrier or Bidder shall unload gases.

4.2.2 Delivery Address: Wisconsin Department of Agriculture, Trade and Consumer Protection Bureau of Laboratory Services 2601 Agriculture Drive, Suite 150 Madison, WI 53718

4.2.3 SHIPMENTS, DUPLICATES AND OVER SHIPMENTS

Upon notification by the DATCP of a duplicate or over shipment, goods must be removed at the Contractor's expense. If such goods are not removed within [DAYS] business days of receipt of written notification from the DATCP, the DATCP shall dispose of them at its discretion and will not be held liable for the cost.

4.3 BACKGROUND CHECKS

Due to the nature of this solicitation, the DATCP reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order 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) will negatively impact the Contractor’s ability to meet contractual obligations and requirements.

4.4 PAYMENT TERMS

Payment will not be made until the Industrial Gases is determined to meet all Specifications, requirements and deliverables and has been accepted by DATCP.

4.5 SAFETY DATA SHEETS

If any OSHA 29 CFR 1910.1200tem(s) on this order is a hazardous chemical, as defined under, or an infectious agent, as defined by s. 101.58, Wis. Stats., the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

Safety Data Sheets must be provided as stated herein to:

4.6 CERTIFICATES OF INSURANCE (commodity)

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

The policies and/or certificates shall be submitted to the State upon request, for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the State of Wisconsin.

The Certificates of Insurance listed in Section 23.0 (Terms and Conditions) must be provided as stated herein to

4.7 CANCELLATION AND TERMINATION

4.7.1

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.

4.7.2 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice;

the State 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 30 days of written notice to the Contractor requesting the refund.

4.7.3 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, 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

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

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

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

The Bidder must submit a net unit price and, and an extended net total for each item specified. Prices must be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail. Use the Bid Price sheet (excel document) to provide your quote.

5.2

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

Delivery will be made by common carrier or Bidder's vehicle, with unloading to be performed by the carrier or Bidder and carton(s) transported to the interior or ground floor, or inside dock at 2601 Agriculture Drive, Suite 150, Madison, WI 53718. Bid prices must include all packing, freight, insurance charges and installation/operation manuals.

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

5.3

PRICE SHEET INSTRUCTIONS

Bidders shall submit pricing on the “Bidders Price Sheet (Attachment F, an excel format) provided. Bidders may not alter the Price Sheet in any manner unless instructions on the Bidders Price Sheet indicate otherwise. Bidder shall provide Unit Price for each line item. Bid prices shall include all packaging, freight, unloading or industrical gases. Alternate pricing formats shall not be accept, and may result in disqualification of the bid.

5.4

REQUESTING PRICE ADJUSTMENTS

Any price decreases from the manufacturer or supplier that are passed through to the Bidder are required to be passed to the Agency within 30 days of the effective date of the price decrease.

5.4

PRICING

5.4.1 FIRM PRICING

Prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions.

5.4.2 PRICE INCREASE REQUESTS

Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection.

Proposed price increases are limited to fully documented cost increases submitted with the request and may not increase more than the Consumer Price Index. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in the form of an amendment to the contract. Price increases must be labeled with the contract number and be submitted in the same format as the original RFB. Any price increase requested that is not submitted in the proper format may be rejected.

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event that the DATCP 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 VendorNet.

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by October 13, 2020, 10:00 AM CDT. 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 DATCP representative 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: marya.hensler@wi.gov All communication and / or questions on all matter regarding this Bid shall be made in writing and refer to Request for Bid # AG-2021-13 and be directed to Mary Hensler.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mary Hensler is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Mary Hensler 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 DATCP may continue to communicate with the DATCP Contract Administrator regarding the performance of that current Contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, DATCP must provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening, please contact: Mary Hensler, via email at: marya.hensler@wi.gov or 608-224-4752 .

6.4 SUBMITTING A BID

Bidders must submit an original signed Bid, marked as stated below, and ELECTRONIC documentation of all materials required for acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:

All Bids must be received and time-stamped at the above location no later than October 16, 2020, 2:00 PM 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 DATCP Finance Office.

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

[BIDDER NAME AND ADDRESS]

Industrial Gases

RFB: AG-2021-13

October 16, 2020 2:00 PM CDT Hand Delivered Bids – NOT ALLOWED The Department of Agriculture, Trade and Consumer Proection is located at 2811 Agriculture Drive in Madison, WI is currently on lock down, and no access to the public is allowed.

6.5

FAXED BIDS

Faxed bids shall not be accepted.

6.6

EMAILED BIDS

An emailed Bid is the preferred method of submitting a bid response. Your Bid response MUST be received by the DATCP Finance Office prior to the Bid opening due date and time.

Prior to the Bid opening deadline, the Bidder is responsible for confirming that their emailed Bid response has been successfully received by the DATCP. Proof of transmission doesn’t constitute proof of receipt. In addition, the Request for Bid form DOA-3070 must be signed and returned via mail or fax within one (1) business day after the Bid opening due date for continued consideration of the Bid.

Bid responses must be emailed to marya.hensler@wi.gov Submitting a Bid to any email address other than marya.hensler@wi.gov does not constitute receipt of a Bid by DATCP.

It is the Bidder’s responsibility to verify that the emailed Bid has been timely received and delivered to the DATCP by the Bid opening date and time. DATCP is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission doesn’t constitute proof of receipt.

6.7

FORMAT OF BID RESPONSE

Responses to this RFB must comply with the following format requirements:

(a) Signed Request for Bid Sheet:

Include the signed Request for Bid sheet (DOA-3070, front page of this document) 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 vendor'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.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor'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 vendor's organization or by any agent of the vendor'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 vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

(b) State of Wisconsin Standard Terms and Conditions (DOA-3054). These Terms and Conditions shall govern this Bid and subsequent award. Vendors must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point, including any vendor Contracts. Submission of any standard vendor 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 vendor's proposal. 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.

(c) Additional Information: Include the completed Bidder Response Sheet (DOA-3832) and any other forms required in the bid. 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.

(d) Price Information: Provide price information on the Bidder Price Sheet – Attachment D included in this RFB, include one electronic copy in Excel format. 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.

Any alteration of the Bid forms is prohibited and will result in rejection of the Bid.

6.8

MULTIPLE BIDS

Multiple Bids are not permitted.

6.9

INCURRING COSTS

The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

A public bid opening will not be held, due to DATCP office building being closed to the public.

7.2

BID REVIEW

All Bids will be reviewed by DATCP’s Finance Office to ensure compliance with submittal requirements. DATCP shall be the sole judge as to Bidders’ compliance with the Bid instructions.

7.3

BID ACCEPTANCE

Bids which do not comply with Mandatory Requirements or Mandatory Specifications may be rejected. The state retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in th best interest of the State. The State shall be the sole judge as to compliance with the intructions contained in this RFB.

7.4

METHOD OF AWARD

Award shall be made on the basis of the lowest total total price on the Price Sheet from a responsive, responsible Bidder meeting bid specifications and requirements. Bid Prices must 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.

DATCP intends to award to ONE Bidder whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

7.5

BIDDER REFERENCES/CLIENT LIST

The Bid response must include a completed Bidder Reference Form (DOA-3823) listing at three (3) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last three (3) years. For each organization listed, the Bidder must 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. DATCP will determine which references to contact in order to assess the quality of the product or service.

7.6

USE OF SUBCONTRACTORS

The Contractor will be responsible for the contract performance of its subcontractors. The Contract will be between DATCP 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 must identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors must be approved in writing by the DATCP. Any proposed substitution of an approved subcontractor must be submitted in writing to DATCP 30 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 Department may result in cancellation of the Contract without notice and without penalty to the State.

7.7

SUPPLIER DIVERSITY

7.7.1

MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. 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. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

A listing of certified MBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.7.2

VETERAN-OWNED BUSINESS

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us There is no price preference for certified VBs that compete for State Contracts.

7.7.3

DISABLED VETERAN-OWNED BUSINESS

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.7.4

WOMAN-OWNED BUSINESS ENTERPRISE

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.8

DEBARMENT

Federal Executive Order (E.O.) 12549 “Debarment” requires that all contractors receiving individual awards, using federal funds, and all sub recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or Agency from doing business with the Federal Government. Information on debarment is available at the following websites: https://www.sam.gov See Section 15.0 of the Standard Terms and Conditions (DOA-3054).

7.9 AWARD NOTIFICATION

All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.

8.0 SECURITY & CONFIDENTIALITY OF MATERIALS

The Contractor agrees to take and maintain all measures necessary to ensure the security and confidentiality of materials used in the development of and works produced or printed under this contract and the materials they are printed on or made from. The awarded bidder agrees to shred and destroy all waste or excess material used in producing work under this contract or work not accepted by the Department, to prevent their use by another or in any other manner not expressly authorized by the Department. The awarded bidder agrees that upon failure to fully comply with this paragraph, the awarded bidder shall reimburse the Department any costs incurred by it in recovering materials or work or ensuring against its unauthorized use. The awarded bidder further agrees to pay the Department the face value, or other value ascribed the work by the Department, for work completed but not delivered or otherwise disposed of or accounted for to the satisfaction of the Department.

9.0 REQUIRED FORMS

The following is a list of forms pertaining to this RFB. An “X” preceding the form indicates that it must be completed and returned with the Bid response.

ATTACHMENT A BID: AG-2021-13

BIDDER RESPONSE SHEET

NOTE:

SECTION NUMBERS IDENTIFIED CORRESPOND TO THOSE SHOWN IN THE

SPECIAL CONDITIONS OF BID.

YES

NO

2.1 Bidder has supplied documentation of being in the business of providing medical and industrial gases for the past three years.

4.2 Bidder can meet delivery requirement.

4.7 Bidder agrees to terms regarding contract cancellation.

5.2 You’re bidding all prices FOB Destination, freight included

5.4 Bidder will hold pricing firm the required term.

7.6 Bidder has been in providing medical and industrial gases for the required term.

7.7 Bidder will comply with terms on subcontracting.

Bidder understands the requirement of security and confidentiality of materials.

Bidder has completed and returned all forms as required.

Company Name (print or type) Bidder's name & title (print or type)

Bidder’s Signature Date Instructions: This form must be completed by marking the check boxes shown below. By marking these boxes you are acknowledging compliance with these items. Omission of any of the items below may be cause for rejection of your Bid.

ATTACHMENT B

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION (DOA-3027)

The attached material submitted in response to this bid includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1.

The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2.

The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released.

In the event the designation of confidentiality if this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out the state’s agreeing to withhold the materials.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal release of any materials unless they are specifically identified above.

Company Name

Authorized Representative

Signature

Authorized Representative

Type or Print

Date

ATTACHMENT C

State of Wisconsin

Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services

State Bureau of Procurement

Vendor Agreement

Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any 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 (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

· will contact the contractor directly to place orders referencing the state agency contract number; and

· are responsible for receipt, acceptance, inspection of commodities directly from…