ARFQ DNR26_02 WRS-Open-End Contract for Formaldehyde.pdf

Date Printed: Jul 22, 2025 Page 1 FORM ID: WV-PRC-ARFQ-002 2020/05

State of West Virginia Agency Request for Quote

Chemicals

2025-07-22

DIVISION OF NATURAL RESOURCES

PROPERTY & ENERGY OFFICE

112 CALIFORNIA AVE

CHARLESTON WV 25305

US

Vendor Customer Code:

Vendor Name :

Address :

Street :

City :

State : Country : Zip :

Principal Contact :

Vendor Contact Phone: Extension:

Date Printed: Jul 22, 2025 Page 2 FORM ID: WV-PRC-ARFQ-002 2020/05

ADDITIONAL INFORMATION

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

APPLE GROVE HATCHERY

PO BOX 67 743 HATCHERY LN

ELKINS WV GALLIPOLIS FERRY WV

US US

1 Formaldehyde-UN2209 deliv. to Apple Grove Hatchery

1.00000 DRUM

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

BOWDEN HATCHERY

PO BOX 67 RT 1, BOX 80

ELKINS WV ELKINS WV

US US

2 Formaldehyde-UN2209 deliv. to Bowden Hatchery

40.00000 DRUM

Date Printed: Jul 22, 2025 Page 3 FORM ID: WV-PRC-ARFQ-002 2020/05

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

EDRAY HATCHERY

PO BOX 67 753 WOODROW RD

ELKINS WV MARLINTON WV

US US

3 Formaldehyde-UN2209 deliv. to Edray Hatchery

1.00000 DRUM

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

PALESTINE HATCHERY

PO BOX 67

ELKINS WV ELIZABETH WV

US US

4 Formaldehyde-UN2209 deliv. to Palestine

1.00000 DRUM

Date Printed: Jul 22, 2025 Page 4 FORM ID: WV-PRC-ARFQ-002 2020/05

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

PETERSBURG HATCHERY

PO BOX 67 126 GRAHAMS WAY

ELKINS WV PETERSBURG WV

US US

5 Formaldehyde-UN2209 deliv. to Petersburg Hatchery

5.00000 DRUM

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

REEDS CREEK HATCHERY

PO BOX 67 41 HATCHERY LN

ELKINS WV FRANKLIN WV

US US

6 Formaldehyde-UN2209 deliv. to Reeds Creek

40.00000 DRUM

Date Printed: Jul 22, 2025 Page 5 FORM ID: WV-PRC-ARFQ-002 2020/05

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

RIDGE HATCHERY

PO BOX 67 12051 VALLEY RD

ELKINS WV BERKELEY SPRINGS WV

US US

7 Formaldehyde-UN2209 deliv. to Ridge Hatchery

5.00000 DRUM

DIVISION OF NATURAL

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

SPRING RUN HATCHERY

PO BOX 67 1988 SPRING RUN RD, UNIT 1

ELKINS WV PETERSBURG WV

US US

8 Formaldehyde-UN2209 deliv. to Spring Run

5.00000 DRUM

Date Printed: Jul 22, 2025 Page 6 FORM ID: WV-PRC-ARFQ-002 2020/05

RESOURCES

DIVISION OF NATURAL

RESOURCES

WILDLIFE RESOURCES

SECTION ELKINS

OPERATIONS CENTER

TATE LOHR HATCHERY

PO BOX 67 4065 PIGEON CREEK RD

ELKINS WV PRINCETON WV

US US

9 Formaldehyde-UN2209 deliv. to Tate Lohr Hatchery

1.00000 DRUM

1 TECHNICAL QUESTION DEADLINE at 9:00 a.m. ET 2025-07-29

Document Phase Document Description Page

DNR2600000002 FINAL WRS: Open-End Contract for Formaldehyde

West Virginia Division of Natural Resources

INSTRUCTIONS TO VENDORS

AGENCY TERMS AND CONDITIONS

INSTRUCTIONS

1. REVIEW DOCUMENTS THOROUGHLY: The attached documents contain a solicitation for bids. Please read these instructions and all documents attached in their entirety. These instructions provide critical information about requirements that if overlooked could lead to disqualification of a Vendor’s bid. All bids must be submitted in accordance with the provisions contained in these instructions and the Solicitation. Failure to do so may result in disqualification of a Vendor’s bid.

2. MANDATORY TERMS: The Solicitation may contain mandatory provisions identified by the use of the words “must,” “will,” and “shall” which identify a mandatory item or requirement. Failure to comply with a mandatory term in the Solicitation will result in bid disqualification.

3. PREBID MEETING: The item identified below shall apply to this Solicitation.

[ ] A pre-bid meeting will not be held prior to bid opening.

[ ] A NON-MANDATORY pre-bid meeting will be held at the following place and time:

[ ] A MANDATORY pre-bid meeting will be held at the following place and time:

All Vendors submitting a bid must attend the mandatory pre-bid meeting. Failure to attend the mandatory pre-bid meeting shall result in disqualification of the Vendor’s bid. No one person attending the pre-bid meeting may represent more than one Vendor.

An attendance sheet provided at the pre-bid meeting shall serve as the official document verifying attendance. The State will not accept any other form of proof or documentation to verify attendance. Any person attending the pre-bid meeting on behalf of a Vendor must list on the attendance sheet his or her name and the name of the Vendor he or she is representing.

Additionally, the person attending the pre-bid meeting should include the Vendor’s e-mail address, phone number, and Fax number on the attendance sheet. It is the Vendor’s responsibility to locate the attendance sheet and provide the required information. Failure to complete the attendance sheet as required may result in disqualification of Vendor’s bid.

All Vendors should arrive prior to the starting time for the pre-bid. Vendors who arrive after the starting time but prior to the end of the pre-bid will be permitted to sign in, but are charged with knowing all matters discussed at the pre-bid.

Questions submitted at least five (5) business days prior to a scheduled pre-bid will be discussed at the pre-bid meeting if possible. Any discussions or answers to questions at the pre-bid meeting are preliminary in nature and are non-binding. Official and binding answers to questions will be published in a written addendum to the Solicitation prior to bid opening.

4. VENDOR QUESTION DEADLINE: Vendors may submit questions relating to this Solicitation to the Property and Procurement Office. Questions must be submitted in writing. All questions must be submitted on or before the date listed below and to the address listed below in order to be considered. A written response will be published in a Solicitation addendum if a response is possible and appropriate. Non-written discussions, conversations, or questions and answers regarding this Solicitation are preliminary in nature and are nonbinding.

Submitted e-mails should have solicitation number in the subject line.

Question Submission Deadline:

Submit Questions to:

West Virginia Division of Natural Resources Property and Procurement Office Attention:

South Charleston, WV 25303 Fax: (304) 558-2165 Email:

5. VERBAL COMMUNICATION: Any verbal communication between the Vendor and any State personnel is not binding, including verbal communication at the mandatory pre-bid conference. Only information issued in writing and added to the Solicitation by an official written addendum by the Property and Procurement Office is binding.

Tuesday, JULY 29, 2025 at 9:00 a.m. ET

MR. JAMIE ADKINS

Jamie.H.Adkins@wv.gov

6. BID SUBMISSION: All bids must be submitted electronically through wvOASIS or signed and delivered by the Vendor to the Property and Procurement Office at the address listed below on or before the date and time of the bid opening. Any bid received by the Property and Procurement Office is considered to be in the possession of the Office and will not be returned for any reason. Acceptable delivery methods include electronic submission via wvOASIS, hand delivery, delivery by courier, or facsimile.

The bid delivery address is:

West Virginia Division of Natural Resources Property and Procurement Office 324 4th Avenue South Charleston, WV 25303

A bid that is not submitted electronically through wvOASIS should contain the information listed below on the face of the envelope or the bid may be rejected by the West Virginia Division of Natural Resources.:

SEALED BID:

BUYER:

SOLICITATION NUMBER:

BID CLOSING DATE:

BIDCLOSING TIME:

FAX NUMBER:

The Property and Procurement Office may prohibit the submission of bids electronically through wvOASIS at its sole discretion. Such a prohibition will be contained and communicated in the wvOASIS system resulting in the Vendor’s inability to submit bids through wvOASIS. Submission of a response to an Expression or Interest or Request for Proposal is not permitted in wvOASIS.

For Agency Request for Proposal (“ARFP”) Responses Only: In the event that Vendor is responding to a request for proposal, the Vendor shall submit one original technical and one original cost proposal plus convenience copies of each to the Property and Procurement Office at the address shown above. Additionally, the Vendor should identify the bid type as either a technical or cost proposal on the face of each bid envelope submitted in response to a request for proposal as follows:

BID TYPE:

[ ] Technical [ ] Cost

MR. JAMIE ADKINS

ARFQ DNR26*02

Tuesday, AUGUST 5, 2025 1:30 p.m. ET

7. BID OPENING: Bids submitted in response to this Solicitation will be opened at the location identified below on the date and time listed below. Delivery of a bid after the bid opening date and time will result in bid disqualification. For purposes of this Solicitation, a bid is considered delivered when confirmation of delivery is provided by wvOASIS (in the case of electronic submission) or when the bid is time stamped by the official Property and Procurement Office time clock (in the case of hand delivery).

Bid Opening Date and Time:

Bid Opening Location:

West Virginia Division of Natural Resources Property and Procurement Office 324 4th Avenue South Charleston, WV 25303

Tuesday, AUGUST 5, 2025 at 1:30 p.m. ET

COMMUNICATION LIMITATIONS: In accordance with West Virginia Division of Natural Resources §6.6. communication with the State of West Virginia or any of its employees regarding this Solicitation during the solicitation, bid, evaluation or award periods, except through the Property and Procurement Office, is strictly prohibited without prior Property and Procurement Office approval. Property and Procurement Office approval for such communication is implied for all agency delegated and exempt purchases.

REGISTRATION: Prior to Contract award, the apparent successful Vendor must be properly registered with the West Virginia Purchasing Division and must have paid the $125 fee, if applicable.

UNIT PRICE: Unit prices shall prevail in cases of a discrepancy in the Vendor’s bid.

PREFERENCE: Vendor Preference may be requested in purchases of motor vehicles or construction and maintenance equipment and machinery used in highway and other infrastructure projects. Any request for preference must be submitted in writing with the bid, must specifically identify the preference requested with reference to the applicable subsection of West Virginia Code

ELECTRONIC FILE ACCESS RESTRICTIONS: Vendor must ensure that its submission in wvOASIS can be accessed and viewed by the Property and Procurement Office staff immediately upon bid opening. The Property and Procurement Office will consider any file that cannot be immediately accessed and viewed at the time of the bid opening (such as, encrypted files, password protected files, or incompatible files) to be blank or incomplete as context requires and are therefore unacceptable. A vendor will not be permitted to unencrypt files, remove password protections, or resubmit documents after bid opening to make a file viewable if those documents are required with the bid. A Vendor may be required to provide document passwords or remove access restrictions to allow the Property and Procurement Office to print or electronically save documents provided that those documents are viewable by the Property and Procurement Office prior to obtaining the password or removing the access restriction.

NON-RESPONSIBLE: The Chief Procurement Officer reserves the right to reject the bid of any vendor as Non-Responsible in accordance with West Virginia Division of Natural Resources §5.5, when the Chief Procurement Officer determines that the vendor submitting the bid does not have the capability to fully perform, or lacks the integrity and reliability to assure good-faith performance.

ACCEPTANCE/REJECTION: The Agency may accept or reject any bid in whole, or in part in accordance with West Virginia Division of Natural Resources

23. WITH THE BID REQUIREMENTS:

AGENCY TERMS & CONDITIONS

CONTRACTUAL AGREEMENT: Issuance of an Award Document signed by the Chief Procurement Officer, or his or her designee, and approved as to form by the Attorney General’s office constitutes acceptance of this Contract made by and between the State of West Virginia and the Vendor. Vendor’s signature on its bid signifies Vendor’s agreement to be bound by and accept the terms and conditions contained in this Contract.

DEFINITIONS: As used in this Solicitation/Contract, the following terms shall have the meanings attributed to them below. Additional definitions may be found in the specifications included with this Solicitation/Contract.

“Agency” means the West Virginia Division of Natural Resources.

“Bid” or “Proposal” means a vendor’s submitted response to a solicitation.

“Contract” means the binding agreement that is entered into between the State and the Vendor to provide the goods or services requested in the Solicitation.

“Chief Procurement Officer” means the Chief Procurement Officer of the West Virginia Division of Natural Resources or anyone that the Chief Procurement Officer has designated to perform a specific task or function.

“Property and Procurement Office” means the unit within the West Virginia Division of Natural Resources’ Administration Section headed by the Chief Procurement Officer and its personnel.

“Director of the Purchasing Division” means the Director of the West Virginia Department of Administration, Purchasing Division.

“Award Document” means the document signed by the Agency and the Property and Procurement Office and approved as to form by the Attorney General that identifies the Vendor as the contract holder.

“Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the Property and Procurement Office.

“State” means the State of West Virginia and/or any of its agencies, commissions, boards, etc. as context requires.

“Vendor” or “Vendors” means any entity submitting a bid in response to the Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract as context requires.

k. “Will”, “Shall” and “Must” identifies a mandatory item or requirement that is the duty, obligation, or requirement imposed is mandatory as opposed to being directory or permissive.

[ ] Alternate Renewal Term – This contract may be renewed for successive year periods or shorter periods provided that they do not exceed the total number of months contained in all available renewals.

Automatic renewal of this Contract is prohibited. Renewals must be approved by the Vendor, Agency, Property and Procurement Office and Attorney General’s office (Attorney General approval is as to form only)

Delivery Order Limitations: In the event that this contract permits delivery orders, a delivery order may only be issued during the time this Contract is in effect. Any delivery order issued within one year of the expiration of this Contract shall be effective for one (1) year from the date the delivery order is issued. No delivery order may be extended beyond one year after this Contract has expired.

[ Fixed Period Contract: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and must be completed within days.

[ Fixed Period Contract with Renewals: This Contract becomes effective upon Vendor’s receipt of the notice to proceed and part of the Contract more fully described in the attached specifications must be completed within days. Upon completion of the work covered by the preceding sentence, the vendor agrees that maintenance, monitoring, or warranty services will be provided for year(s) thereafter.

[ ]One-Time Purchase: The term of this Contract shall run from the issuance of the Award Document until all of the goods contracted for have been delivered, but in no event, will this Contract extend for more than one fiscal year.

[ ] Other: See attached.

award of contract one (1) three (3)

NOTICE TO PROCEED: Vendor shall begin performance of this Contract immediately upon receiving notice to proceed unless otherwise instructed by the Agency. Unless otherwise specified, the fully executed Award Document will be considered notice to proceed.

QUANTITIES: The quantities required under this Contract shall be determined in accordance with the category that has been identified as applicable to this Contract below.

[ ] MAINTENANCE BOND: The apparent successful Vendor shall provide a two (2) year maintenance bond covering the roofing system. The maintenance bond must be issued and delivered to the Property and Procurement Office prior to Contract award.

[ ] LICENSE(S) / CERTIFICATIONS / PERMITS: In addition to anything required under the Section entitled Licensing, of the General Terms and Conditions, the apparent successful Vendor shall furnish proof of the following licenses, certifications, and/or permits prior to Contract award, in a form acceptable to the Property and Procurement Office.

$1,000,000.00

$500,000.00

Notwithstanding anything contained in this section to the contrary, the Chief Procurement Officer reserves the right to waive the requirement that the Agency be named as an additional insured on one or more of the Vendor’s insurance policies if the Chief Procurement Officer finds that doing so is in the best interest of the Agency.

9. WORKERS’ COMPENSATION INSURANCE: The apparent successful Vendor shall comply with laws relating to workers’ compensation, shall maintain workers’ compensation insurance when required, and shall furnish proof of workers’ compensation insurance upon request.

10 LIQUIDATED DAMAGES: This clause shall in no way be considered exclusive and shall not limit the State or Agency’s right to pursue any other available remedy. Vendor shall pa

ACCEPTANCE: Vendor’s signature on its bid, or on the certification and signature page, constitutes an offer to the State that cannot be unilaterally withdrawn, signifies that the product or solicitation to provide. Including such fees or charges as notes to the solicitation may result in rejection of vendor’s bid. Requesting such fees or charges be paid after the contract has been awarded may result in cancellation of the contract.

17. FUNDING: This Contract shall continue for the term stated herein, contingent upon funds being appropriated by the Legislature or otherwise being made available. In the event funds are not appropriated or otherwise made available, this Contract becomes void and of no effect beginning on July 1 of the fiscal year for which funding has not been appropriated or otherwise made available.

remedy, but the same shall continue in full force and effect. Any waiver must be expressly stated in writing and signed by the waiving party.

SUBSEQUENT FORMS: The terms and conditions contained in this Contract shall supersede any and all subsequent terms and conditions which may appear on any form documents submitted by Vendor to the Agency such as price lists, order forms, invoices, sales agreements, or maintenance agreements, and includes internet websites or other electronic documents. Acceptance or use of Vendor’s forms does not constitute acceptance of the terms and conditions contained thereon.

32. LICENSING:

SUBCONTRACTOR COMPLIANCE: Vendor shall notify all subcontractors providing commodities or services related to this Contract that as subcontractors, they too are required to be licensed, in good standing, and up-to-date on all state and local obligations as described in this section. Obligations related to political subdivisions may include, but are not limited to, business licensing, business and occupation taxes, inspection compliance, permitting, etc. Notification under the provision must occur prior to performance of any work under the contract by the subcontractor.

ANTITRUST: In submitting a bid to, signing a contract with, or accepting an Award Document from any agency of the State of West Virginia, the Vendor agrees to convey, sell, assign, or transfer to the State of West Virginia all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of West Virginia for price fixing and/or unreasonable restraints of trade relating to the particular commodities or services purchased or acquired by the State of West Virginia. Such assignment shall be made and become effective at the time the purchasing agency tenders the initial payment to Vendor.

VENDOR CERTIFICATIONS: By signing its bid or entering into this Contract, Vendor certifies (1) that its bid or offer was made without prior understanding, agreement, or connection with any corporation, firm, limited liability company, partnership, person or entity submitting a bid or offer for the same material, supplies, equipment or services; (2) that its bid or offer is in all respects fair and without collusion or fraud; (3) that this Contract is accepted or entered into without any prior understanding, agreement, or connection to any other entity that could be considered a violation of law; and (4) that it has reviewed this Solicitation in its entirety; understands the requirements, terms and conditions, and other information contained herein.

Vendor, shall be deemed to be employees of the State for any purpose whatsoever. Vendor shall be exclusively responsible for payment of employees and contractors for all wages and salaries, taxes, withholding payments, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension, or other deferred compensation plans, including but not limited to, Workers’ Compensation and Social Security obligations, licensing fees, etc. and the filing of all necessary documents, forms, and returns pertinent to all of the foregoing.

Vendor shall hold harmless the State and shall provide the State and Agency with a defense against any and all claims including, but not limited to, the foregoing payments, withholdings, contributions, taxes, Social Security taxes, and employer income tax returns.

[ ] Such reports as the Agency may request. Requested reports may include, but are not limited to, quantities purchased, agencies utilizing the contract, total contract expenditures by agency, etc.

PREFERENCE FOR USE OF DOMESTIC STEEL PRODUCTS: Except when authorized by the Director of the Purchasing Division pursuant to W. Va. Code § 5A-3-56, no contractor may use or supply steel products for a State Contract Project other than those steel products made in the United States. A contractor who uses steel products in violation of this section may be subject to civil penalties pursuant to W. Va. Code § 5A-3-56. As used in this section:

“State Contract Project” means any erection or construction of, or any addition to, alteration of or other improvement to any building or structure, including, but not limited to, roads or highways, or the installation of any heating or cooling or ventilating plants or other equipment, or the supply of and materials for such projects, pursuant to a contract with the State of West Virginia for which bids were solicited on or after June 6, 2001.

“Steel Products” means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or otherwise similarly processed, or processed by a combination of two or more or such operations, from steel made by the open heath, basic oxygen, electric furnace, Bessemer or other steel making process. The Purchasing Division Director may, in writing, authorize the use of foreign steel products if:

The cost for each contract item used does not exceed one tenth of one percent (.1%) of the total contract cost or two thousand five hundred dollars ($2,500.00), whichever is greater. For the purposes of this section, the cost is the value of the steel product as delivered to the project;

or

The Director of the Purchasing Division determines that specified steel materials are not produced in the United States in sufficient quantity or otherwise are not reasonably available to meet contract requirements.

PREFERENCE FOR USE OF DOMESTIC ALUMINUM, GLASS, AND STEEL: In accordance with W. Va. Code § 5-19-1 et seq., and W. Va. CSR § 148-10-1 et seq., for every contract or subcontract, subject to the limitations contained herein, for the construction, reconstruction, alteration, repair, improvement or maintenance of public works or for the purchase of any item of machinery or equipment to be used at sites of public works, only domestic aluminum, glass or steel products shall be supplied unless the spending officer determines, in writing, after the receipt of offers or bids, (1) that the cost of domestic aluminum, glass or steel products is unreasonable or inconsistent with the public interest of the State of West Virginia, (2) that domestic aluminum, glass or steel products are not produced in sufficient quantities to meet the contract requirements, or (3) the available domestic aluminum, glass, or steel do not meet the contract specifications. This provision only applies to public works contracts awarded in amount more than fifty thousand dollars ($50,000) or public works contracts that require more than ten thousand pounds of steel products.

is part of a public works contract and has the sole purpose or of being a permanent part of a single public works project. This provision does not apply to equipment or machinery purchased by a spending unit for use by that spending unit and not as part of a single public works project.

All bids and offers including domestic aluminum, glass or steel products that exceed bid or offer prices including foreign aluminum, glass or steel products after application of the preferences provided in this provision may be reduced to a price equal to or lower than the lowest bid or offer price for foreign aluminum, glass or steel products plus the applicable preference. If the reduced bid or offer prices are made in writing and supersede the prior bid or offer prices, all bids or offers, including the reduced bid, or offer prices, will be reevaluated in accordance with this rule.

43. INTERESTED PARTY SUPPLEMENTAL DISCLOSURE: W. Va. Code § 6D-1-2 requires that for contracts with an actual or estimated value of at least $1 million, the vendor must submit to the Agency a supplemental disclosure of interested parties reflecting any new or differing interested parties to the contract, which were not included in the original preaward interested party disclosure, within 30 days following the completion or termination of the contract. A copy of that form is included with this solicitation or can be obtained from the WV Ethics Commission. This requirement does not apply to publicly traded companies listed on a national or international stock exchange. A more detailed definition of interested parties can be obtained from the form referenced above.

DESIGNATED CONTACT: Vendor appoints the individual identified in this Section as the Contract Administrator and the initial point of contact for matters relating to this Contract.

(Name, Title)

(Printed Name and Title)

(Address)

(Phone Number) / (Fax Number)

(Email Address)

CERTIFICATION AND SIGNATURE: By signing below, or submitting documentation through wvOASIS, I certify that I have reviewed this Solicitation in its entirety; that I understand the requirements, terms and conditions, and other information contained herein; that this bid, offer or proposal constitutes an offer to the State that cannot be unilaterally withdrawn; that the product or service proposed meets the mandatory requirements contained in the Solicitation for that product or service, unless otherwise stated herein; that the Vendor accepts the terms and conditions contained in the Solicitation, unless otherwise stated herein; that I am submitting this bid, offer or proposal for review and consideration; that I am authorized by the vendor to execute and submit this bid, offer, or proposal, or any documents related thereto on vendor’s behalf; that I am authorized to bind the vendor in a contractual relationship; and that to the best of my knowledge, the vendor has properly registered with any State agency that may require registration.

(Company)

(Authorized Signature) (Representative Name, Title)

(Printed Name and Title of Authorized Representative)

(Date)

(Phone Number) (Fax Number)

REQUEST FOR QUOTATION

West Virginia Division of Natural Resources – Wildlife Resources Section

Open-End Contract for Formaldehyde

DNR Revised 1/31/25

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Division of Natural Resources – Wildlife Resources Section is soliciting bids to establish an open-end contract for Formicide-B used as a treatment for fish disease.

2. DEFINITIONS: The terms listed below shall have the meanings assigned to them below.

Additional definitions can be found in section 2 of the General Terms and Conditions.

2.1 “Agency” or “WVDNR” is in reference to the West Virginia Division of Natural Resources.

2.2 “Contract Item(s)” means the list of items identified in Section 3 below and on the Pricing Pages.

2.3 “Pricing Page(s)” means the schedule of prices, estimated order quantity, and totals contained in wvOASIS or attached hereto as Exhibit A, and used to evaluate the Solicitation responses.

2.4 “Solicitation” means the official notice of an opportunity to supply the State with goods or services that is published by the West Virginia Division of Natural Resources.

3. GENERAL REQUIREMENTS:

Contract Items and Mandatory Requirements: Vendor shall provide Agency with the Contract Items listed below on an open-end and continuing basis. Contract Items must meet or exceed the mandatory requirements as shown below.

3.1 Formicide-B, 37% Formaldehyde Solution, UN2209 or Equal

3.1.1 Must be in 55-gallon drums

3.1.2 Vendor must provide chemical analysis sheet and Manufactures Safety Data Sheet when shipped.

4. CONTRACT AWARD:

4.1 Contract Award: The contract is intended to provide the Agency with a purchase price on all contract items. The contract shall be awarded to the Vendor that provides the contract items meeting the required specifications for the lowest overall total cost as shown on the Pricing Pages.

4.2 Pricing Pages: Vendor should complete the Pricing Pages by entering the unit cost per contract item. Vendor must bid on all line items. Vendor should complete the Pricing Pages in their entirety as failure to do so may result in Vendor’s bids being disqualified.

4.2.1 The Pricing Pages contain a list of the contract items and estimated purchase volume. The estimated purchase volume for each item represents an approximate volume of anticipated purchases only. No future use of the contract or any individual item is guaranteed or implied.

Open-End Contract for Formaldehyde

DNR Revised 1/31/25

4.2.2 Vendor should electronically enter the information into the Pricing Pages through wvOASIS, if available, or as an electronic document.

5. ORDERING AND PAYMENT:

5.1 Ordering: Vendor shall accept orders through wvOASIS, regular mail, e-mail, facsimile, or any other written form of communication. Vendor may, but is not required to, accept on-line orders through a secure internet ordering portal/website. If Vendor has the ability to accept on-line orders, it should include in its response a brief description of how Agencies may utilize the on-line ordering system. Vendor shall ensure that its on-line ordering system is properly secured prior to processing Agency orders on-line.

5.2 Payment: Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia.

6. DELIVERY AND RETURN:

6.1 Delivery Time: Vendor shall deliver standard orders within five (5) calendar days after orders are received. Vendor shall deliver emergency orders within three (3) calendar days after orders are received. Vendor shall ship all orders in accordance with the above schedule and shall not hold orders until a minimum delivery quantity is met.

Delivery Locations:

Apple Grove Hatchery 738 Hatchery Lane Gallipolis Ferry, WV 25515

(304) 576-2512

Bowden Hatchery 59 Fish Hatchery Road Elkins WV 26241

(304) 637-0238

Edray Hatchery 753 Woodrow Road Marlinton WV 24954

(304) 799-6461

Palestine Hatchery 27 Paddlefish Lane Elizabeth WV 26143

(304) 275-4426

Petersburg Hatchery 126 Grahams Way Petersburg WV 26847-8523

(304) 257-4014

Open-End Contract for Formaldehyde

DNR Revised 1/31/25

Reeds Creek Hatchery 41 Hatchery Lane Franklin WV 26807-5604

(304) 358-2595

Ridge Hatchery 59 Hatchery Road Berkeley Springs WV 25411

(304) 258-1713

Spring Run Hatchery 1988 Spring Run Road, Unit 1 Petersburg, WV 26847-8877

(304) 257-4188

Tate Lohr Hatchery 4065 Pigeon Creek Road Princeton WV 24739

(304) 899-3221

6.2 Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party.

Any Agency seeking to obtain items from a third party under this provision must first obtain approval of the Chief Procurement Officer.

6.3 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B. destination to the Agency’s location. Vendor must include the cost of standard order delivery charges in its bid pricing/discount and is not permitted to charge the Agency separately for such delivery. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

6.4 Return of Unacceptable Items: If the Agency deems the Contract Items to be unacceptable, the Contract Items shall be returned to Vendor at Vendor’s expense and with no restocking charge. Vendor shall either make arrangements for the return within five (5) days of being notified that items are unacceptable or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive full credit or refund for the purchase price, at the Agency’s discretion.

Open-End Contract for Formaldehyde

DNR Revised 1/31/25

6.5 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition. Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7. VENDOR DEFAULT:

7.1 The following shall be considered a vendor default under this Contract.

7.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

7.1.2 Failure to comply with other specifications and requirements contained herein.

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

7.1.4 Failure to remedy deficient performance upon request.

7.2 The following remedies shall be available to Agency upon default.

7.2.1 Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under this Contract.

7.2.3 Any other remedies available in law or equity.

8. MISCELLANEOUS:

8.1 No Substitutions: Vendor shall supply only Contract Items submitted in response to the Solicitation unless a contract modification is approved in accordance with the provisions contained in this Contract.

8.2 Vendor Supply: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

8.3 Reports: Vendor shall provide quarterly reports and annual summaries to the Agency showing the Agency’s items purchased, quantities of items purchased, and total dollar value of the items purchased. Vendor shall also provide reports, upon request, showing the items purchased during the term of this Contract, the quantity purchased for each of those items, and the total value of purchases for each of those items. Failure to supply such reports may be grounds for cancellation of this Contract.

8.4 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing Vendor’s responsibilities under this Contract. The Contract manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract manager and his or her contact information below.

Open-End Contract for Formaldehyde

DNR Revised 1/31/25

Contract Manager: ______________________________________

Telephone Number: _____________________________________

Fax Number: __________________________________________

Email Address: _________________________________________

EXHIBIT A - PRICING PAGE

West Virginia Division of Natural Resources - Wildlife Resources Section

Open-End Contract for Formaldehyde

Item Number Description Delivery Locaiton Unit Qty* Unit Price Extended Price

Apple Grove Hatchery 738 Hatchery Lane Gallipolis Ferry, WV 25515

55-gallon drum 1 $ $

Bowden Hatchery 59 Fish Hatchery Road Elkins, WV 26241

55-gallon drum 40 $ $

Edray Hatchery 753 Woodrow Road Marlinton, WV 24954

55-gallon drum 1 $ $

Palestine Hatchery 27 Paddlefish Lane Elizabeth, WV 26143

55-gallon drum 1 $ $

Petersburg Hatchery 126 Grahams Way Petersburg, WV 26847

55-gallon drum 5 $ $

Reeds Creek Hatchery 41 Hatchery Lane Franklin, WV 26807

55-gallon drum 40 $ $

Ridge Hatchery 59 Hatchery Road Berkeley Springs, WV 25411

55-gallon drum 5 $ $

Spring Run Hatchery 1988 Spring Run Road, Unit 1 Petersburg, WV 26847

55-gallon drum 5 $ $

Tate Lohr Hatchery 4065 Pigeon Creek Road Princeton, WV 24739

55-gallon drum 1 $ $

Authorized Signature Date

Vendor Name

3.1 Formicide-B, 37%

Formaldehyde Solution, UN2209 or equal.

*Quantities are estimated and for bid evaluation purposes only, actual quantities may differ.

Note: All items are to be F.O.B. destination. Freight or delivery charges must be included in the unit cost of each item.

Total Cost:

STATE OF WEST VIRGINIA

Purchasing Division

PURCHASING AFFIDAVIT

CONSTRUCTION CONTRACTS: Under W. Va. Code § 5-22-1(i), the contracting public entity shall not award a construction contract to any bidder that is known to be in default on any monetary obligation owed to the state or a political subdivision of the state, including, but not limited to, obligations related to payroll taxes, property taxes, sales and use taxes, fire service fees, or other fines or fees.

ALL CONTRACTS: Under W. Va. Code §5A-3-10a, no contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and: (1) the debt owed is an amount greater than one thousand dollars in the aggregate; or (2) the debtor is in employer default.

EXCEPTION: The prohibition listed above does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the W. Va. Code, workers’ compensation premium, permit fee or environmental fee or assessment and the matter has not become final or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement.

DEFINITIONS:

“Debt” means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, defaulted workers’ compensation premium, penalty or other assessment presently delinquent or due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon.

“Employer default” means having an outstanding balance or liability to the old fund or to the uninsured employers' fund or being in policy default, as defined in W. Va. Code § 23-2c-2, failure to maintain mandatory workers' compensation coverage, or failure to fully meet its obligations as a workers' compensation self-insured employer. An employer is not in employer default if it has entered into a repayment agreement with the Insurance Commissioner and remains in compliance with the obligations under the repayment agreement.

“Related party” means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceed five percent of the total contract amount.

AFFIRMATION: By signing this form, the vendor’s authorized signer affirms and acknowledges under penalty of law for false swearing (W. Va. Code §61-5-3) that: (1) for construction contracts, the vendor is not in default on any monetary obligation owed to the state or a political subdivision of the state, and (2) for all other contracts, that neither vendor nor any related party owe a debt as defined above and that neither vendor nor any related party are in employer default as defined above, unless the debt or employer default is permitted under the exception above.

WITNESS THE FOLLOWING SIGNATURE:

Vendor’s Name: ___________________________________________________________________________________

Authorized Signature: ______________________________________________ Date: ___________________________

State of _____________________________

County of ______________________, to-wit:

Taken, subscribed, and sworn to before me this ___ day of ____________________________, 20___.

My Commission expires ______________________________, 20___.

AFFIX SEAL HERE NOTARY PUBLIC ____________________________________

Purchasing Affidavit (Revised 01/19/2018)