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REQUEST FOR BID

NATURAL GAS SUPPLY & MANAGEMENT SERVICES

(Secondary Firm)

RFB NGNF1-DB

Issued: August 30 Responses Due: September 27, 2021, 2:00 PM CDT

NGIP CODE 40513

State of Wisconsin RFB # NGNF1-DB Date: August 30, 2021

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TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 FIRM PRICES

1.5 MODIFICATIONS OF CONTRACT

1.6 ORDER OF PRECEDENCE

1.7 COOPERATIVE PURCHASING SERVICES

1.8 RESPONDING TO BID REQUIREMENTS

1.9 SUBMITTING A BID

1.9.1 HARD COPY SUBMITAL

1.10 INCURRING COST

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 EXPERIENCE IN THE STATE OF WISCONSIN

2.2 REFERENCES

3.0 MANDATORY REQUIREMENTS OF BID

3.1 PERFORMANCE AND SUPPORT REQUIREMENTS

3.1.1 SERVICES

3.1.2 CUSTOMER SERVICE

3.1.3 DELIVERY OPTIONS

3.1.4 NATURAL GAS MANAGEMENT

3.1.5 INVOICING

3.1.6 PRICING

3.1.7 ON GOING COMMUNICATION

3.2 BID AREAS

3.3 FACILITIES LOCATION ……………………………………………………………………………... 17

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 PAYMENT TERMS ANS INVOICING

4.2 CONTRACT AUDITS AND CREDITS

4.3 CERTIFICATES OF INSURANCE

4.4 CANCELLATION AND TERMINATION

5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

5.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

5.3 WISCONSIN eSUPPLIER PORTAL REGISTRATION

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6.0 BID ACCEPTANCE AND AWARD

6.1 BID OPENING

6.2 BID ACCEPTANCE

6.3 BID REVIEW

6.4 METHOD OF AWARD

6.5 BIDDER REFERENCES/CLIENT LIST

6.6 USE OF SUBCONTRACTORS

6.7 SUPPLIER DIVERSITY

6.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

6.7.2 VETERAN-OWNED BUSINESS

6.7.3 DISABLED VETERAN-OWNED BUSINESS

6.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

6.8 DEBARMENT

6.9 AWARD NOTIFICATION

6.10 PROTEST AND APPEALS PROCESS

7.0 REQUIRED FORMS

8.0 ANNUAL USAGE DATA

8/30/2021 1:45 PM

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1.0 INTRODUCTION AND PURPOSE

The State of Wisconsin seeks qualified vendor(s) to provide cost effective comprehensive natural gas supply and management services for State of Wisconsin agencies and facilities located throughout the state.

Currently, the natural gas supply provided to the state is delivered to the local distribution companies on a secondary firm or on an interruptible basis. Secondary firm basis is preferred if available. The State of Wisconsin has no firm transportation contracts on any intrastate or interstate pipeline.

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.

Agency: An office, department, Agency, institution of higher education, association, 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.

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-D-30 of the State Procurement Manual.

Balancing It means truing up (or cashing out) the difference between the amount of gas delivered and the amount of gas consumed by a pool or individual end users on a daily and/or monthly basis (imbalances). Balancing services are provided by the gas utility or the pipeline.

Basis It means all costs including the bidder’s margin to the city gate except the commodity cost

(NYMEX)

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.

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 in VendorNet. Bid Factors can be downloaded from the Supporting Documents and included with the hard copy Bid.

Bidder: A person or firm that responds to this Request for Bid.

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 Agency employee 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.

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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 Authorized Users.

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.

CST Central Standard Time

CY Calendar Year

Disabled Veteran- Owned Business

(DVB):

A business that has been certified by the Department of Administration under Wis. Stat.

§16.283.

DOA Wisconsin Department of Administration

DFD Division of Facilities Development

FOB Free on Board

Mandatory: A requirement labeled as such shall be present in the bid submission

Minority-Owned Business Enterprise (MBE):

A business that has been certified by the Department of Administration under Wis. Stat.

§16.287

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 (Wis. Stat §16.70(8)).

LDC Local Distribution company (gas utility)

LDS Last Day of Settlement

Notice of (Intent to) Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

NYMEX It means New York Mercantile Exchange

Purchasing Card (p-card)

A charge card issued to an authorized state employee through DOA, State Bureau of Procurement’s Purchasing Card Contract.

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 DFD

RFB Request for Bid

SBOP: State Bureau of Procurement

SOP: Standard Operating Procedures

VendorNet General information on how to do business with the state, names, addresses and telephone numbers of state agency procurement staff, and a summary of what the state buys.

eSupplier Wisconsin eSupplier portal registration

State: State of Wisconsin

State Holidays: Christmas Eve & Day, 4th of July, Labor Day, Martin Luther King Jr. birthday, Memorial Day, New Year’s Day, New Year’s Eve, Thanksgiving Day.

USPS: United States Postal Service

VBs: Veteran-owned business

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Department of Administration (DOA), Division of Facilities Development (DFD), requests Bids for the purchase of Natural Gas Services & Management and intends to use the results of this process to award a Contract. DFD does not guarantee it shall purchase any specific quantity or pay any minimum contract amount during the term of the Contract.

The natural gas supply for the state’s locations shall be delivered on a secondary firm or interruptible basis if secondary firm is not available. Fixed basis pricing shall be provided for a single 1-year term.

The most recent three years of monthly natural gas usage data for the state facilities are provided on page 28 of 47 along with a twelve-month forecast. All quotes shall be based on the load to quote on the bid form.

1.3 CONTRACT TERM

Initial contract term is for one (1) year. At the end of the initial contract period, Division of Facilities Development reserves the right to renew the contract for four (4) additional one

(1) year terms. DFD & the Supplier(s), upon mutual agreement may renew the term. The State reserves the right to negotiate the pricing and terms at the time of renewal or re-bid upon completion of each one-year term.

CONTRACT AUDITS AND CREDITS:

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems. If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to DOA within thirty (30) calendar days of notification of the problem.

During the Contract period, DFD reserves the right to eliminate individual facilities from the Contract due to sale, closure, or lease of the plant.

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

CONTRACT FLEXIBILITY:

The State reserves the right to add/delete city gate delivery locations, change pipeline capacity requirements and end users during the contract term to meet the needs of the State. To make additions, the State shall adhere to the following procedure:

Step 1 The location shall be offered to currently award contractor(s), beginning with the contractor with the lowest total delivered per dekatherms cost based on secondary firm capacity or interruptible if secondary firm is not available for the area associated with the location.

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Step 2 If no contractor from Step 1 accepts the location, the location shall be offered to all currently awarded contractors and awarded to the lowest cost contractor willing to make delivery to that location.

Step 3 If no contractors quote on the location, no award shall be made.

1.4 FIRM PRICES

Pricing must remain firm for the initial contract term.

At the end of the initial term, DOA/DFD shall request a price quote for all locations for the additional. The State shall be the sole judge as to continue this contract or rebid the contract in the best interest of the State.

The total Price Guarantee: The vendor shall guarantee the total cost stated for each area for the operating conditions stated.

1.5 MODIFICATIONS OF CONTRACT

The Contract shall 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 shall be void.

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

The original contract term or any renewal period may be extended at the State’s request on a month-to-month basis for a period not to exceed 6 months for the purpose of completing a future solicitation or transition to new contractor(s). Contract conditions, terms, and pricing shall not be modified during such a month-to-month extension.

1.6 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 DFD, 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 shall result in the cancellation of the Contract award.

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

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State

• RFB

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1.7 COOPERATIVE PURCHASING SERVICES

Wisconsin statues (S.16.73, Wis Stats.) establish authority to allow Wisconsin

Municipalities to purchase from state contracts. (See Bidder agreement form DOA- 3862, Section 5).

1.8 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and Requirements in this RFB document shall be minimally met without exception; failure to meet such may disqualify your Bid. Before the award of any Contract, DFD shall 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

DFD with these qualifications and Requirements by submitting appropriate or supporting documentation.

Bidders shall adhere to all details of each of the Detail Conditions of Bid as stated below.

Interested bidders should return a copy of all bid forms. Envelopes not properly identified are subject to early openings in mailroom and may result in disqualification of your bid.

Failure to meet a qualification may disqualify your bid. However, in the event that no

Bidder is able to meet and 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.

a. All bidder Response forms shall be completed and returned with this bid submittal.

Failure to provide this information may be cause for disqualification.

b. Bids shall be organized and presented in the order and by the number assigned in this Request for Bid.

c. Vendor registration

Only vendors registered with the State of Wisconsin’s eSupplier will receive automatic future official notice for bid opportunities for this service/commodity. The State of

Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access eSupplier on the Internet at https://eSupplier.wi.gov and Vendornet on the internet at http//vendornet.state.wi.us to get information on state purchasing practices and policies, goods, and services that the state buys.

1.9 SUBMITTING A BID

Signed Request for Bid Sheet: Include the signed, required form (DOA-3832) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this

RFB shall be signed by the person in the 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.

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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.

(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.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of

Wisconsin Supplemental Standard Terms and Conditions for Procurements for

Services (DOA-3681) (herein after Terms and Conditions):

These Terms and Conditions shall govern this Bid and subsequent award. Vendors shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point.

Submission of any standard 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.

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

Cost Information: Provide price information on the Bid Cost Sheet included in this RFB.

Include two hard copy of the Price Sheet with the Bid response and 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.

Bid Response Qualifications and Requirements: The Bidder shall include the Bid

Response Qualifications and Requirements in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed. Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.

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Bidders shall provide a hard copy Bid when responding to this RFB. Bidders shall submit an original signed Bid, marked as stated below, and one hard copy along with one flash drive containing an electronic copy of all materials required for acceptance of their Bid by the deadline to DOA.

1.9.1 Hard copy submittal

Bidders shall submit an original signed bid, marked as stated below, and one hard copy of all materials required acceptance of the bid by September 27, 2021, before

2:00PM CT.

Hand delivery submittal Hand delivery to the drop box labeled SEALED BIDS ONLY in front of the State of Wisconsin Administration Building located at 101 East Wilson Street, Madison, Wisconsin 53703

All Bids for NGNF1-DB must be received and time stamped in the DFD office by September 27, 2021, 2:00 PM CDT. Bids not so stamped will not be accepted.

Receipt of a bid by the State mail system does not constitute receipt of a bid by the DFD Office, for purposes of this RFB.

To ensure confidentiality of the document, all bids must be labeled “Natural Gas”, packaged, sealed, and show the following information on the outside of the package:

—Proposer's name and address

—Natural Gas

— September 27, 2021, 2:00 PM CDT

1.10 INCURRING COSTS

The State of Wisconsin is not liable for any costs incurred by the Bidder in responding to this

RFB.

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

Following are the minimum acceptable qualifications. Failure to meet may result in bidder being declared an unqualified bidder. The Division of Facilities Development has sole authority for determining experience and equivalencies.

USPS ADDRESS

COMMON CARRIER ADDRESS

David Bender RFB # NGNF1-DB – Natural Gas Department of Administration

Division of Facilities Development PO Box 7866 Madison WI 53707-7866

David Bender RFB # NGNF1-DB – Natural Gas Department of Administration

Division of Facilities Development 101 East Wilson Street, 7th Floor Madison WI 53703

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2.1 EXPERIENCE IN THE STATE OF WISCONSIN

A minimum of three years’ experience in Wisconsin is required. Experience to be documented in Bid Required Form DOA-3832, section 3.

Provide a description of your firm including location, number of years of operation at that location, number of years of operation within the State of Wisconsin, location and number of personnel actively involved in providing natural gas supply and management services.

Describe your firm’s experience with pipelines’, LDC’s (gas utility) gas nominations & balancing services for Wisconsin natural gas end users.

Provide the amount of gas sold in Wisconsin in Dekatherms per year for the most recent 12 months.

COMPANY INFORMATION

Vendor shall provide details of its financial strength, stability, and credit. Identify whether the company is a natural gas agent, broker or marketer and your investment grade (Moody’s grade.)

COORDINATION

Explain how your company would handle transportation of supplies in excess of pipeline capacity, constraint days issued by the pipeline or the utility, your procedures and notification processes, coordination of gas nominations, billing, and balancing/cash out services with the State of Wisconsin facilities that are being served. Describe vendor’s pooling capabilities and benefits to the State.

2.2 REFERENCES

Submit at least three (3) but no more than five (5) public or private sector references in Wisconsin who can verify that your firm is capable of fulfilling the requirements of a contract similar to this one (e.g., multiple accounts with diverse needs) in a consistent and professional manner. (Bid Required Form DOA-3832, section 3).

a. Company information; provide a brief overview of the company, including a description of the company’s history of performance and knowledge of gas operations in Wisconsin.

Indicate how many years the company has been operating in Wisconsin.

b. Contact person – include name, address, and phone number for all communications for the bid.

c. Indicate if the account manager is a direct employee of the company.

d. Submit a resume for the vendor’s proposed account manager or representative outlining the individuals experience in the natural gas industry.

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3.0 MANDATORY REQUIREMENTS OF BID

Failure to meet any mandatory requirement may 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 PERFORMANCE AND SUPPORT REQUIREMENTS

3.1.1 SERVICES

Account Management:

a. Vendor shall designate an account manager to provide natural gas management services. The account manager will serve as the State of Wisconsin’s point of contact for the vendor.

b. Bidder shall provide access to a secured web–based portal for the State to access all account specific information and reports.

Examples of accounts specific reports are:

i. Monthly analysis reports

ii. Daily usage histories

iii. Monthly usage and peak analysis

iv. Hedge positions

v. Budget/Spending reports

Examples of market-based information shall include:

vi. Weekly Market summary

vii. Natural Gas Update

viii. Natural Gas Futures Update

ix. Historical NYMEX pricing

c. State if vendor provides annual energy conferences in Wisconsin covering the latest information on energy markets, regulatory and legislative changes, and product /service developments. State if vendor provides live webinar presentations covering the latest information on energy markets, regulatory and legislative changes, and product /service developments.

3.1.2 CUSTOMER SERVICE

a. Provide online account management information and access.

b. Vendor’s participation through phone or face to face meetings for quarterly review.

c. Provide 24 hours/day, 7 days/week availability.

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d. Handling constraint days issued by the pipeline(s) and the utility(s).

e. Bidder shall respond to all telephone and e-mail communications within 24 hours.

f. Awarded vendors shall provide emergency contact information. This information shall include the name of the contact person(s) and their telephone numbers.

g. News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

3.1.3 DELIVERY OPTIONS

All facilities have alternate fuels capability.

(SECONDARY FIRM OR INTERRUPTIBLE IF SECONDARY UNAVAILABLE)

3.1.4 NATURAL GAS MANAGEMENT:

a) Provide established natural gas services to manage state’s risk and exposure to natural gas price volatility.

b) Manage imbalances by forecasting usage daily and adjusting deliveries accordingly based on the daily forecasts.

c) Vendor shall be responsible for monthly and daily nominations. State shall provide daily nominations to the vendor by the 20th day of the month before the delivery month.

d) In the absence of a specific nomination from the State, vendor shall establish monthly and daily nominations based on historical usage and current consumption rates.

e) Vendor shall be responsible for balancing all gas flows to ensure that the State receives required natural gas supplies and to minimize balancing/cash out fees.

f) Vendor will not be permitted to suspend secondary firm or interruptible deliveries of gas due to an economic constraint.

g) UW Madison (Charter and Walnut Street Heating Plants):

UW Madison purchases steam from the West Campus Cogeneration Facility (WCCF) primarily during the months of January, February, March, April, October, November, and December. The amount of steam purchased may be as much as 50% of the plant’s production for a day or about 5,000 dth of natural gas per day.

The load profile provided to quote does include the effect of steam purchases from

WCCF.

The WCCF unit is dispatched daily by MISO as a peaking unit, and when this unit is online, UW Madison purchases steam from WCCF. The State of Wisconsin will provide notice when WCCF is expected to run and how much steam UW Madison

DETAIL CONDITIONS p a g e 14 of 47 will purchase for a given gas day. The notice provided by the State of Wisconsin may be day ahead or day of consumption. Notice for a given day may change multiple times based on MISO dispatching.

The vendor shall be responsible to handle intraday nominations and changes in gas forecasts/nominations`` on short notice. Vendor must have the capability to balance, reduce /increase gas deliveries on short notice and handle large gas variances between both Walnut and Charter Street heating plants and the rest of the State of Wisconsin accounts behind Madison Gas & Electric. There may be times when

UW Madison is shut down for a short period (one or more months) and the vendor may be required to sell the State of Wisconsin’s fixed price basis positions. UW Madison, Walnut Street Heating Plant (WSHP) is expected to operate in hot standby and not as a baseload plant. Based on operational needs this may change and the Vendor shall be expected to provide natural gas on short notice.

3.1.5 INVOICING:

a. A detailed and itemized invoice for each utility meter listing all transactions for the month. Itemized items shall include the following:

i. First of month spot price

ii. First of month fixed price (commodity and/or basis)

iii. End of month pricing for variances from first of month nominations.

iv. Utility balancing and or cash out fees

v. Utility distribution fees

vi. Any additional fees that may apply

b. State requires a single consolidated summary invoice detailing all-natural gas supplies and services for all state gas accounts served by the vendor in this contract. It shall include all accounts served.

c. All invoices shall be based on actual usage and not nominated usage.

Invoices should be received no later than the 10th business day of the month following delivery via mail & e-mail.

d. Provide an example invoice with your bid including line-item invoicing details as requested in paragraph (a) above.

3.1.6 PRICING:

a. All-natural gas deliveries to the identified meters shall be secondary firm or Interruptible if secondary unavailable.

b. Utilization of available alternate fuels as a substitute for natural gas may be made due to pipeline and/or utility curtailment or constraint and not economic constraint.

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c. Vendor shall provide NYMEX last day settlement (LDS) basis pricing.

d. The term to be provided is for January 1, 2022, through December 31, 2022.

e. Basis pricing shall be quoted using secondary firm or interruptible if secondary capacity is unavailable and shall include all costs to the city gate (i.e., fuel, taxes vendor margin).

f. The vendor will use the load to quote provided by the state for each area. Other costs such as utility cash out and/or balancing and end of month pricing for variances for monthly nominated gas versus actual monthly consumption will be shown separately.

g. Identify & explain how all costs associated with utility or pipeline balancing/cash out are applied. Identify if vendor will be using pipeline or utility services for balancing or cashing out the states daily and/or monthly imbalances.

h. Identify any other costs, not identified above such as hedging, management fees, administration fees, and additional charges for consolidated billing, associated with services requested in this RFB that have not been covered elsewhere in this cost proposal.

i. Fixed: Shall mean a constant price portion of the contract term.

j. Vendor shall provide a monthly price confirmation by the 10th business day of the delivery month listing the first of the month price and volumes for each gas account served by the vendor.

k. Should the contractor’s cost decrease during the term of the contract, the contractor shall immediately notify the State. Such cost decreases shall become effective to the State the same date the decrease is effective to the contractor.

3.1.7 ONGOING COMMUNICATION

Bidder shall designate a person(s) to provide on-going communication for the following services on the Bidder Required Form, Section 2: Bidder Contacts:

• Bid/Proposal -Contract Renewal/cancellation, contractual issues

• Affirmative Action Plan

• Ordering and billing- coordinate services, ordering, expedite deliveries, invoice information

3.2 BID AREAS:

All facilities have Alternate Fuel and will use secondary firm or interruptible delivery if secondary firm is unavailable. Vendors may provide price quotes on any or all areas below. Vendors will identify which areas they are willing to serve. A vendor is not required to serve all areas.

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Area 1: Utility: MG&E Pipeline(s): ANR, NN Alternate-Fuel

U.W Madison Charter Street Fuel oil

U.W Madison Walnut Street Fuel oil

Capitol Heat & Power Fuel oil

Oak Hill Correctional Institution Fuel oil

Mendota Mental Health Institution Fuel oil

Area 2: Utility: MG&E Pipeline(s): NN

Prairie du Chien Correctional Institution Fuel oil

Area 3: Utility: WPS Pipeline(s): ANR, Guardian

UW-Green Bay Fuel oil

Green Bay Correctional Institution Fuel oil

Kettle Moraine Correctional Institution Propane

Lincoln Hills Schools Propane

UW-Oshkosh Fuel oil

Oshkosh Correctional Institution Propane

UW-Stevens Point Fuel oil

Winnebago Mental Health Institution Fuel oil

UW-Stevens Point - Wausau Fuel oil

Sanger Power Correctional Center Propane

Area 4: Utility: WEGO Pipeline(s): ANR, Guardian, NN

UW-Parkside Fuel oil

UW-Parkside Housing Fuel oil

Southern Wisconsin Center Fuel oil

UW-Whitewater Fuel oil

Wisconsin School for the Deaf Fuel oil

Racine Correctional Institution Fuel oil

Racine County Court House Fuel oil

Racine County Jail Fuel oil

Milwaukee County House of Correction Fuel Oil

Area 5: Utility: WGC Pipeline(s): ANR, Guardian, NN

UW-Milwaukee Fuel oil

Wisconsin Veterans Home Fuel oil

Stanley Correctional Institution Propane

Red Granite Correctional Institution Fuel oil

Milwaukee County Domes Fuel Oil

Area 6: Utility: WGC Pipeline(s): NN

Wisconsin Secure Program Facility Fuel Oil

Jackson Correctional Institution Propane

Area 7: Utility: Alliant Pipeline(s): NN

UW-Platteville Fuel oil

Columbia Correctional Institution Propane

New Lisbon Correctional Institution Fuel Oil

Sand Ridge Secure Treatment Center Fuel Oil

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Area 8: Utility: Alliant Pipeline(s): ANR

Fox Lake Correctional Institution Propane

Taycheedah Correctional Institution Fuel Oil

Waupun Correctional Institution Fuel oil

Wisconsin School for the Visually Handicapped Fuel oil

Area 9: Utility: Xcel Pipeline(s): NN

UW-La Crosse Fuel oil

Area 10: Utility: Xcel Pipeline(s): Viking

UW-Eau Claire Fuel oil

UW -Stout Fuel oil

Northern Wisconsin Center Fuel oil

Area 11: Utility: SWL&P Pipeline(s): NN

UW-Superior Fuel Oil

Area 12: Utility: St. Croix Gas Pipeline(s): NN

UW-River Falls Fuel oil

3.3 FACILITIES & LOCATION

FACILITY NAME LOCATION

1 UW Madison Charter ST. 117 N. Charter St, Madison, WI 53705

2 UW Madison Walnut ST. 505 N. Walnut St, Madison, WI 53705

3 Capitol Heat & Power Plant 624 East Main Street, Madison, WI 53703

4 Mendota Mental Health Institution 301 Troy Drive, Madison, WI 53704

5 Oak Hill Correctional Inst. 5200, County Rd. M, Oregon, WI 53575

6 Prairie Du Chien Correctional Institution 500 Parish Street, Prairie Du Chien, WI 53821

7 Waupun Correctional Institution 400 S. Drummond Street, Waupun, WI 53963

8 UW - Green Bay 3260 Gershwin Lane, Green Bay, WI3260

9 Green Bay Correctional Institution 2833 Riverside Dr. Green Bay, WI 54301

10 Kettle Moraine Correctional Institution W9071 Forest Dr. Kettle Moraine, WI 53010

11 Lincoln Hills Schools W4380 Copper Lake Ave. Irma, WI 54442

12 Oshkosh Correctional Institution 1730 W. Snell Rd. Oshkosh, WI 54901

13 UW - Oshkosh 1010 Woodland Ave. Oshkosh, WI 54901

14 UW-Stevens Point 1925 Maria Dr. Stevens Point, WI 54481

15 Winnebago Mental Health Institution 1305 South Dr. Winnebago, WI 54985

16 Sanger Power Correctional Center N8375 County Road U, Oneida, WI 54155

17 UW-Parkside 900 Woodland Ave. Kenosha, WI 53144

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18 UW-Parkside Housing 4029 Outer Loop Rd. Kenosha, WI 53144

19 Southern Wisconsin Center 2145 Spring St. Union Grove, WI 53182

20 Racine Correctional Institution 2019 Wisconsin St. # 2, Sturtevant, WI 53177

21 UW-Whitewater 734 W. Lauderdale Dr. Whitewater, WI 53190

22 Wisconsin School for the Deaf 309 West Walworth Ave. Delavan, WI 53115

23 Wisconsin School for the Visually Handicapped 1700 West State Street, Janesville, WI 53545

24 UW-Milwaukee 3359 N. Downer Ave, Milwaukee, WI 53201

25 Wisconsin Veterans Home N2665 County Road QQ, King, WI 54946

26 Stanley Correctional Institution 35528 County Road X, Stanley, WI 54768

27 Wisconsin Secure Program Facility 1011 Morrison Drive, Boscobel, WI 53805-1000

28 Jackson Correctional Institution N6500 Haipek Rd. Black River Falls, WI 54615

29 Columbia Correctional Institution 2925 Columbia Dr. Portage, WI 53901

30 Fox Lake Correctional Institution W10237 Lake Emily Road, Fox Lake, WI 53933

31 New Lisbon Correctional Institution 2000 Progress Road, New Lisbon, WI 53950

32 Sand Ridge Secure Treatment Center 1111 North Rd. Mauston, WI 53948

33 Taycheedah Correctional Institution N7139 Cty. Hwy. K, Fond du Lac, WI 54935

34 University of Wisconsin - Eau Claire 522 W Clairemont Ave. Eau Claire, WI 54701

35 Northern Wisconsin Center 2820 E. Park Ave. Chippewa Falls, WI 54729

36 University of Wisconsin - La Crosse 1725 State Street, La Crosse, WI 54601

37 University of Wisconsin - Platteville Greenwood Ave, Platteville, WI 53818

39 University of Wisconsin - River Falls 410 South 3rd St., River Falls, WI 54022

40 University of Wisconsin - Stout 9th Avenue & 3rd Street, Menomonie, WI 54751

41 University of Wisconsin - Superior 1800 Grand Avenue, Superior, WI 54880

42 Racine County Court House 730 Wisconsin Ave, Racine, WI 53403

43 Racine County Jail 717 Wisconsin Ave, Racine, WI 53403

44 Milwaukee County Domes 524 S. Layton Blvd. Milwaukee, WI 53215

45 Milwaukee County House of Correction 8885 S. 68th St. Franklin, WI 53132

4.0 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 shall not submit its own Contract document as a substitute for the

State's Standard Terms and Conditions. (Refer attachment DOA-3054)

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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 will occur only if the change is in the best interest of the State. All requirements in this section are mandatory and shall be met with no additional cost to the State.

4.1 PAYMENT TERMS AND INVOICING

Contractor shall accept payment from Authorized User by check or electronic funds transfer.

Payment will not be made until the product or service is determined to meet all Requirements and deliverables and has been accepted by the State. (Refer attachment DOA-3054, section 11.0)

4.2 CONTRACT AUDITS AND CREDITS

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems. If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to DOA within thirty (30) calendar days of notification of the problem.

4.3 CERTIFICATES OF INSURANCE

Upon request by the State, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State, 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. If the Contractor’s required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the State.

4.4 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.

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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, 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 such. 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

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• 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

Confidential Information, proprietary, or containing Personally Identifiable Information

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

5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on Wisconsin VendorNet.

DATE EVENT

August 30th 2021 Date of Issue of the RFB

September 10th 2021 Date Questions Due

September 17th 2021 Responses to Questions (estimated)

September 27th, 2021, 2:00 PM CT Bids Due from Bidders

October 10th 2021 Anticipated Award Date (estimated)

January 1st 2022 Contract Start Date (estimated)

5.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by September 10, 2021, 2:00 PM CT. 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 shall immediately notify the DFD 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:

david.bender@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and referred to Request for Bid # NGNF1 – DB and shall be directed to David Bender, Enterprise Contract Officer.

If you have any technical questions regarding this bid, please contact David Bender, Division of Facilities Development at david.bender@wisconsin.gov.

If it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted to VendorNet.

mailto:david.bender@wisconsin.gov

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All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except David Bender is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. David

Bender may authorize in writing contact or communication with another State employee or officer as circumstances may dictate.

5.3 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity.

The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin.

Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State.

A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000.

Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities.

Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods, and Services that the State buys, and tips on selling to the State.

6.0 BID ACCEPTANCE AND AWARD

Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. 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 the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB.

6.1 BID OPENING

There shall be no public bid opening. However, upon request names of all bidders will be provided.

https://vendornet.wi.gov/

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6.2 BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications may be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected.

The Department of Administration in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

6.3 BID REVIEW

All Bids will be reviewed by DOA/DFD to ensure compliance with submittal requirements.

DOA/DFD shall be the sole judge as to Bidders' compliance with the Bid instructions.

6.4 METHOD OF AWARD

Responses will be reviewed by the State to verify that they shall meet all specified requirements in this bid. This verification may include contacting references furnished in the Vendor's response, requesting reports on the Vendor's financial stability. Vendors may not contact the

State's reviewer(s) except at the State's request.

All submitted responses will be evaluated for mandatory requirements. Any bidder who does not comply with instructions or are unable to comply with specifications contained in this bid may be rejected by the State.

The award may be made to the bidder(s) who meets all specifications of the State of Wisconsin and has the lowest guaranteed total annual cost for the individual bid area.

Areas 9 & 10 shall be awarded together based on total cost for both areas and the utility cash out shall be made with the end user not the supplier. (Xcel requirement).

The State retains the right to accept or reject any or all responses or accept or reject any part of a response deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this bid

At the time, the state fixes first of the month basis with the awarded vendor, the state will verify the new price is still at market. If not, the state retains the right to request a quote from the other bidder(s) to verify and the state may award the contract to whichever bidder is lower.

6.5 BIDDER REFERENCES/CLIENT LIST

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

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Procuring Agency will determine which references to contact to assess the quality of the product or service.

6.6 USE OF SUBCONTRACTORS

The Contractor will be responsible for the Contract performance of its subcontractors. The Contract will be between the Department of Administration and the awardee. The Contractor will be responsible for its subcontractors' performance of the pertinent Contract obligations including related Specifications, insurance requirements, and applicable regulations.

The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract.

All subcontractors shall be approved in writing by the Procuring Agency. Any proposed substitution of an approved subcontractor shall be submitted in writing to the Department of

Administration 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 Procuring Agency may result in cancellation of the Contract without notice and without penalty to the State.

6.7 SUPPLIER DIVERSITY

6.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

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

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

The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (An MBE Bidder preference will not be considered on a printing or stationery procurement.)

This policy provides that MBEs should have…