RFB 28336-JM Motor Fuel - Statewide FINAL.pdf

REQUEST FOR BID

Title: Motor Fuels - Statewide

Number: RFB #28336-JM

Issued Date: September 3, 2020

Responses Due: October 8, 2020 1:00 PM CDT

Motor Fuel - Statewide

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Table of Contents

1 RFB_INTRODUCTION AND PURPOSE

1.1 RFB_DEFINITIONS

1.2 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 RFB_Overview of Procuring Agency, Background and Objectives

1.3 RFB_CONTRACT TERM

1.4 RFB_MODIFICATIONS OF CONTRACT

1.5 RFB_ORDER OF PRECEDENCE

1.6 RFB_COOPERATIVE PURCHASING SERVICES

1.7 RFB_CONTRACT FLEXIBILITY

1.8 RFB_RESPONDING TO BID REQUIREMENTS

2 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

3 RFB_MANDATORY SPECIFICATIONS OF BID

3.1 RFB_TECHNICAL REQUIREMENTS

3.1.1 RFB_LICENSES AND PERMITS

3.1.2 RFB_MOTOR FUELS SPECIFICATIONS

3.1.3 RFB_FUEL TYPES AND GRADES

3.1.4 RFB_SPILLS AND DAMAGES

3.1.5 RFB_GOVERNMENTAL REGULATIONS

3.1.6 RFB_SITE INSPECTION

3.2 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11

4 RFB_SPECIAL TERMS AND CONDITIONS OF BID

4.1 RFB_DELIVERY REQUIREMENTS

4.2 RFB_BACKGROUND CHECKS

4.3 RFB_SAMPLE CONTRACT

4.4 RFB_INVOICING REQUIREMENTS

4.5 RFB_CONTRACT AUDITS AND CREDITS

4.6 RFB_TAXES

4.7 RFB_CERTIFICATION AND COLLECTION OF SALES TAX

4.8 RFB_SAFETY DATA SHEETS

4.9 RFB_CERTIFICATES OF INSURANCE

4.10 RFB_ACCESS TO SECURE FACILITIES

4.11 RFB_CANCELLATION AND TERMINATION

4.12 RFB_MODIFICATIONS OF CONTRACT

4.13 RFB_PRIME CONTRACTOR AND MINORITY BUSINESS CONTRACTOR

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5 RFB_COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 RFB_METHOD OF BID

5.2 RFB_PRICE SHEET INSTRUCTIONS

5.3 RFB_REQUESTING PRICE ADJUSTMENTS

6 RFB_BID PROCEDURE AND INSTRUCTIONS

6.1 RFB_CALENDAR OF EVENTS

6.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 RFB_REASONABLE ACCOMMODATIONS

6.4 RFB_WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 RFB_SUBMITTING A BID

6.5.1 RFB_WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

6.5.2 RFB_Hard Copy Bid Submittal

6.6 RFB_FORMAT OF BID RESPONSE

6.7 RFB_INCURRING COSTS

6.8 RFB_SITE VISITS

7 RFB_BID ACCEPTANCE AND AWARD

7.1 RFB_BID OPENING

7.2 RFB_BID REVIEW

7.3 RFB_BID ACCEPTANCE

7.4 RFB_METHOD OF AWARD

7.5 RFB_BIDDER REFERENCES/CLIENT LIST

7.6 RFB_USE OF SUBCONTRACTORS

7.7 RFB_SUPPLIER DIVERSITY

7.7.1 RFB_MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 RFB_VETERAN-OWNED BUSINESS

7.7.3 RFB_DISABLED VETERAN-OWNED BUSINESS

7.7.4 RFB_WOMAN-OWNED BUSINESS ENTERPRISE

7.8 RFB_DEBARMENT

7.9 RFB_AWARD NOTIFICATION

8 RFB_REQUIRED FORMS

8.1 RFB_BIDDER REQUIRED FORM - DOA 3832

8.2 RFB_BID PRICE SHEET - ATTACHMENT A

8.3 RFB_SAMPLE CONTRACT - ATTACHMENT C

1 RFB_INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase.

Reviewing this section will help you determine your ability to meet the Department of Administration's needs.

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1.1 RFB_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, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

ARO: after receipt of order

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.

Base Price:

The Base Price shall be the weekly rack average price of fuel as reported by the weekly publication "DTNERGY".The Base Price is used in calculating the invoiced price per gallon. Invoices shall calculate charges using the Base Price of the previous week.

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.

Bidder:

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

Bureau:

means the State Bureau of Procurement

(SBOP).

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

Page 4 28336-JM 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.

Contractor:

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

Contract Manager:

the employee of an Agency responsible for

1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Cooperative Purchasing:

means the Wisconsin Statutes (s. 16.73, Wis.

Stats.) that establish the authority to allow Wisconsin municipalities to purchase from state contracts.

Department:

means State Department of Administration. As used in this document, it specifically relates to the activities of the Division of Enterprise Operations, State Bureau of Procurement.

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

DOA: means the State Department of Administration.

F.O.B.:

means Free on Board. Freight is paid by the Supplier. Supplier shall be responsible for shipping costs and title shall not pass to purchasing entity until accepted at destination.

Keep Fill Service:

Supplier shall maintain tanks at a minimum 75% full by volume on a weekly basis unless

Page 5 28336-JM other arrangements are approved by the receiving agency.

Mark-up Cost:

The amount the Supplier charges to the State to cover their transportation, storage and handling costs, overhead and profit, and the dye cost for off road use. The Mark-up Cost is a charge, in cents per gallon, of fuel delivered.

Minority Business Enterprise (MBE):

a business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Motor Fuels:

For the purpose of this RFB, motor fuels means fuel that is used to power motorized vehicles or other motors, and includes diesel, bio-diesel, gasoline, gasohol, E-85 and off-road fuels.

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 (s. 16.70(8), Wis.Stats.).

Notice of (Intent to) Award:

a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award of 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).

Purchasing Card (p-card):

a charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

Pricing Terminal:

means a taxable fuel storage and distribution facility that is supplied by pipeline or vessel and from which liquid products, such as taxable fuel, may be removed at a rack. For a list of acceptable terminals see Section 5.2

Procurement Specialist:

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

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Procuring Agency: The State Agency conducting the purchasing transactions

RFB: Request for Bid

Contractual Services or Services:

An intangible product, including actions, recommentations, 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.

SBOP: means State Bureau of Procurement.

Shall: requires that the Supplier comply with the requirement.

State:

means the State of Wisconsin - Department of Administration, State Bureau of Procurement or, any State facilities, institutions and, University of Wisconsin campuses and facilities for provision of services.

State Holidays:

New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, Christmas Day and New Year's Eve Day. If a holiday falls on a Sunday, state offices are closed the following Monday.

Specification:

a descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement".

Terminal Price: means price per gallon paid by the Supplier at the terminal.

User:

means any State agency, board, commission, UW campus or cooperative purchasing

Page 7 28336-JM agency (e.g. municipality, county, etc.) that is using this contract.

Vendor:

For the purpose of this RFB, the terms "Vendor", "Contractor", "Supplier" and "Bidder" can be used interchangeably when referring to the future status of an awarded bidder, operating under a State contract.

1.2 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State) as represented by The Department of Administration (DOA), State Bureau of Procurement (SBOP) requests Bids for the purchase of Motor Fuels, and intends to use the results of this process to award a Contract. The Department of Administration does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the Contract.

1.2.1 RFB_Overview of Procuring Agency, Background and Objectives

The Contract that results from this Request for Bid (RFB) shall be mandatory for state agencies, the University of Wisconsin and the University of Wisconsin System, and may be utilized by County and Local levels of Government, collectively referred to as "Users". User delivery locations are located throughout the State of Wisconsin. Major Agencies participating in this contract are Department of Corrections, University of Wisconsin-Madison, Department of Natural Resources, Department of Administration and the Department of Human Services.

Refer to Motor Fuels Bid Price Sheet - Attachment A for locations.

No guarantee shall be made as to the number of gallons that may be purchased during the forthcoming contract period. The successful Bidder(s) shall be responsible for the furnishing of any and all quantities.

The Department of Administration is the sole point of contact for the State of Wisconsin during this RFB process. The person responsible for managing the procurement process is Jeannie McCarville, jeannie.mccarville2@wisconsin.gov.

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1.3 RFB_CONTRACT TERM

This Contract will run for an initial two (2) year period. The State and the Supplier(s), upon written mutual agreement, may renew the Contract for up to an additional three (3) one (1) year periods. The Contract shall be effective on the date it is executed by the State. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The RFB documents, the awarded Bidder's response as accepted by the Department of Admnistration and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

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.

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 six (6) months for the purpose of completing a future solicitation or transition to new Supplier(s). Contract conditions, terms and pricing shall not be modified during such a month-to-month extension.

The Supplier(s) shall be expected to work with the State and any successive Supplier(s) in good faith to ensure a minimum of customer disruption during a transition period.

1.4 RFB_MODIFICATIONS OF CONTRACT

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

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

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

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 RFB_COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Supplier. Where requested by the State, and agreed to by the Supplier(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Department of Administration and the Supplier. The Supplier shall be responsible for confirming the status of potential Municipalities with the Department of Administration and providing appropriate documentation and support and reporting Contract usage by Municipalities.

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1.7 RFB_CONTRACT FLEXIBILITY

The State reserves the right to add/delete Motor Fuel types, delivery locations 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 awarded Suppliers, beginning with the Supplier with the lowest initial bid mark-up cost for the terminal associated with the location.

Step 2: If no Supplier from Step 1 accepts the location, the location shall be offered to all currently awarded Suppliers and awarded to the lowest cost Supplier willing to make delivery to that location, at their initial bid price.

Step 3: In the event that no awarded Supplier is willing to make delivery at their previously bid price, quotes for pricing will be requested from all current Suppliers. An award may be made to the Supplier with the lowest delivered bid pricing.

Step 4: If no Suppliers bid on the location, no award shall be made.

1.8 RFB_RESPONDING TO BID REQUIREMENTS

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

Certain qualifications/specifications will be presented by the Department of Administration as itemized questions that require an affirmative response from you that you can meet them (i.e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the 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.

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2 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

Bidder shall be in the business of providing the products listed, or similar products, and shall have done so for the past three (3) years.

Before the award of any Contract, the Contract Manager and the State shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this bid.

It is the Bidder's responsibility to aquaint the Contract Manager with these qualifications by submitting appropriate documenation and/or through references.

3 RFB_MANDATORY SPECIFICATIONS OF BID

All requirements in this section are mandatory and shall be met with no additional cost to the State. Failure to meet a mandatory requirement shall result in rejection of the bid.

3.1 RFB_TECHNICAL REQUIREMENTS

3.1.1 RFB_LICENSES AND PERMITS

Bidders shall meet all federal, state, and local requirements regarding business and transport operations and shall have obtained all required licenses, permits and registrations prior to submitting their bid.

3.1.2 RFB_MOTOR FUELS SPECIFICATIONS

The quality of all petroleum products provided shall meet or exceed the requirements set forth in the latest revision of the Wisconsin Administrative Code, Chapter Comm 48, Subchapter II, Petroleum Product Specifications (Chapter 48). If any changes are made to the Wisconsin Administrative Code for Petroleum Product Specifications or if new state or federal requirements are developed during the life of the Contract, the State requires that all awarded Suppliers conform to the changes.

https://docs.legis.wisconsin.gov/code/register/2008/635b/insert/comm48

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3.1.3 RFB_FUEL TYPES AND GRADES

The type/grade of fuel required at each location are shown on the bid sheet and are detailed below:

FUEL TYPES DESCRIPTION

E-85 85% Ethanol and 15% unleaded gasoline

Gasohol 10% alcohol (ethanol) Unleaded

GH-R Regular - 87 octane

GH-M Mid-Grade - 89 octane

GH-P Premium

RFG

Reformulated Gasoline - 2% oxygen by weight, a maximum benzene content of 1% volume, and 25% by volume of aromatic hydrocarbons

U Conventional unleaded regular grade, 87 octane

DIESEL

ULS #1 Ultra Low Sulfur #1, 15 ppm, .0015% Sulfur

ULS #2 Ultra Low Sulfur #2, 15 ppm, .0015% Sulfur

ULS-BD Ultra Low Sulfur Bio Diesel, .0015% Sulfur

ULS- PR Ultra Low Sulfur Premium

ULS-PW Ultra Low Sulfur Premium Winter Blend

ULS-2W Ultra Low Sulfur #2 Winter Blend

DYED, OFF-ROAD DIESEL, BIO-DIESEL,

REFORMULATED

ULS-OR Ultra Low Sulfur - Dyed, Off-road, 15 ppm, .

0015% Sulfur

ULSP-OR Ultra Low Sulfur Premium - Dyed, Off-road

BD-5

Bio Diesel - 5% Bio diesel and 95% petroleum diesel

BD-20

Bio Diesel - 20% Bio diesel and 80% petroleum diesel

RFG Reformulated Gasoline

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3.1.4 RFB_SPILLS AND DAMAGES

Any spills that occur during the delivery of products are the responsibility of the Supplier.

Wisconsin's Spill Law can be found in Wisconsin Statute 292.11. Further information is available at the Wisconsin Department of Natural Resources website: https://dnr.wi.gov/topic/spills/.

The Supplier shall be held liable for any damages that may occur due to, but not limited to:

equipment malfunction or failure as a result of furnishing contaminated product, furnishing fuel other than specified or, failure to make deliveries when ordered.

3.1.5 RFB_GOVERNMENTAL REGULATIONS

The proposed contract shall be subject to such modifications or adjustments as may be necessary or desirable by reason of any action or regulation set forth by the Federal, State or Local Government relating to the use, production or sale of the petroleum products during the contract period.

3.1.6 RFB_SITE INSPECTION

It is the responsibility of the Supplier to inspect any unfamiliar locations to determine the highway conditions, exact location, tank size, the number of gallons that can be delivered at one time, accessibility to the storage tanks and special requirements for entry into location (time of delivery, security requirements, etc.).

3.2 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 A reliable source of fuel is essential. Suppliers shall maintain, or have access to, an adequate inventory to provide delivery within twenty four (24) hours of the request for fuel. Prior to receiving an award, Bidders may be required to demonstrate their ability to provide the fuels specified and shall provide delivery method (type of truck used) and terminal information on the Bid Price Sheet - Attachment A, for each location bid.

3.2.2 Supplier shall be responsible for delivering the wrong fuel type, including, but not limited to:

removal and replacement of all fuel contaminated by providing the incorrect fuel and documented parts and labor to repair any equipment damaged in the process.

3.2.3

It is the Supplier's responsibility to notify the Procuring Agency of any code or safety violations. Notification should cite the specific code or statute. The Procuring Agency is responsible for maintaining fuel tank locations and meeting all code requirements.

3.2.4 Suppliers shall provide Keep Fill Service at locations as indicated on the Bid Price Sheet - Attachment A or, when requested by an authorized Agency Representative. Suppliers shall be prepared to provide Keep Fill Service (minimum 75% of volume) even if the usage is low.

Suppliers shall be held responsible for damage caused to any equipment due to failure, when on Keep Fill Service or, as directed by the Procuring Agency. Bidders shall consider this requirement when submitting bids.

http://docs.legis.wisconsin.gov/statutes/statutes/292/II/11 https://dnr.wi.gov/topic/spills/

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3.2.5 As necessary, Suppliers shall communicate or meet with the designated Agency Representative to discuss ordering, invoicing, contract updates, procedure updates or other contracting issues.

Any problems that cannot be resolved between the Procuring Agency and the Supplier shall be referred to the Contract Administrator. The Contract Administrator shall inform the Supplier in writing of the unresolved issues and the Supplier shall respond with proposed corrective actions.

As necessary, the Suppliers shall meet with the DOA Contract Administrator to discuss issues related to specific contract performance. The Suppliers may request meetings to address unresolved contract issues.

3.2.6 Suppliers shall bear the cost of removing any contaminated fuel from the storage tanks or any fuel not meeting specifications. The Supplier shall have a training program for employees as required in the code of federal regulations number 49, part 172.700. The Supplier shall be responsible for the containment, cleanup and disposal of petroleum spills which occur on the owner's property as a result of the Supplier's equipment, leased or owned, being faulty and/or the negligence of their employee. When a Supplier is on the owner's property, the Supplier's equipment shall carry petroleum spill cleanup materials and equipment on board for cleaning petroleum spills up to twenty (20) gallons.

3.2.7 The Procuring Agency may draw a sample from each delivery of fuel for analysis to assure that the fuel meets the requirements of Specification No. 40512-110. the analysis shall be conducted by the official State Fuel Laboratory in accordance with the procedures set forth by the American Society of Testing Materials.

3.2.8 Customer Service shall be made available to the State, at a minimum, from 8:00 a.m. to 4:00 p.

m., Monday through Friday on non-state holidays.

3.2.9 Within five (5) days of receipt of the Intent to Award, awarded Suppliers shall provide:

• Business hours and contact information for customer service. This information shall include: name of contact person, telephone number, email address, hours available and emergency contact information. This information shall include the name of the contact person(s) and their telephone numbers. The State shall be able to reach these emergency contact personnel twenty four (24) hours per day in case of an emergency.

• A certificate of insurance that meets or exceeds requirements listed in this Request for Bid.

• A listing of licensed and permitted trucks, (including volumes) available to provide delivery.

• Supplier's completed W-9 - Identification Number and Certification form.

3.2.10 Supplier shall respond to all telephone, email and fax communications within twenty four (24) hours.

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3.2.11 Awarded Supplier(s) shall submit quarterly summary sales reports to the DOA Contract Manager for all contract transactions that took place during the previous quarter. Reports shall be submitted using Quarterly Report Form - Attachment B. Reports shall be submitted in the original format via email. Reports shall be submitted within thirty (30) days of the end of the previous quarter.

Quarter Due Date

Jan. - March April 30

April - June July 31

July - Sept. October 31

Oct - Dec. Jan. 31

4 RFB_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 Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

4.1 RFB_DELIVERY REQUIREMENTS

Deliveries shall be made to each location as requested by a designated Agency Representative authorized to order, receive and sign for deliveries. A delivery ticket shall accompany each delivery. Delivery tickets shall be signed by the receiving Agency Representative at the time of delivery. All delivery tickets shall be made out in triplicate so that at least one (1) copy is left with the party signing for the fuel. The copy shall bear the date, the name of the driver, the motor vehicle license number of the truck from which delivery is made, the type of fuel delivered, required signature and the number of gallons delivered. One (1) copy of each delivery ticket, signed by the receiving agency, shall be submitted with the monthly invoice.

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4.2 RFB_BACKGROUND CHECKS

Due to the nature of this solicitation, the Department of Administration reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract.

The State is the sole determinant of whether the results of a background check(s) will negatively impact the Supplier's ability to meet contractual obligations and requirements.

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4.3 RFB_SAMPLE CONTRACT

The intended result of this RFB is to enter into a contractual agreement with the selected Bidder (s). A Sample Contract has been provided as Attachment C - Sample Contract. The contract specifically incorporates by reference all the mandatory requirements and specifications of the Bid Sections including:

• Mandatory bid requirements

• Conditions specific to this bid

• Pricing Structure

The Bidder at time of bid submission may communicate any proposed changes to the Sample Contract by uploading a version of Attachment C with the proposed changes clearly identified.

If DOA, at its sole discretion, determines that it is in the best interest of the State to do so, it may agree with the selected Bidder to negotiate some of the contract terms or the special conditions of the Bid. However, such negotiations may not affect the method of award, disadvantage another Bidder or affect the scope of the Bid.

As with any contract, once executed, both parties will be expected to meet and perform all of its respective contract obligations. Failure to do so will subject that non-performing part to various contract remedies.

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4.4 RFB_INVOICING REQUIREMENTS

All invoicing requirements shall be sent directly to the Procuring Agency. Invoices shall consist of an original copy and one (1) copy. All invoices shall contain the following information:

• Date of Sale

• Name and address of Seller

• Name and address of Purchaser

• Number of gallons purchased

• Delivered Price per gallon: (Mark-up Bid Price plus the Terminal Price)

• Base Price for the week of delivery and Base Price Terminal

• The amount of Wisconsin motor fuel or special fuel tax paid shall be shown as a separate item

• A copy of the delivery ticket, signed by an authorized Agency Representative, for each delivery being invoiced.

Supplier shall accept payment from authorized Agency Representatives either by check or procurement card (P-card/credit card).

4.5 RFB_CONTRACT AUDITS AND CREDITS

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

4.6 RFB_TAXES

Federal Tax - The State of Wisconsin is exempt from payment of the federal excise tax on fuel delivered directly to a bulk storage tank. However, delivery of fuel into the fuel tank of a vehicle is not exempt.

LUST Tax - The State of Wisconsin is not exempt from the payment of the Leaking Underground Storage Tank tax.

Wisconsin Road Tax - The State of Wisconsin is not exempt from payment of the Wisconsin Road Tax, except for fuels dyed for off-road use.

Certification of the Agency using the fuel shall be furnished to the Supplier on request including the FEIN (federal employer identification number). The contractor is expected to maintain such records as required to file a claim with the IRS for refund of the taxes paid by the Supplier on deliveries to State Agencies.

4.7 RFB_CERTIFICATION AND COLLECTION OF SALES TAX

The State of Wisconsin shall not enter into a contract with a Supplier, and reserves the right to cancel any existing contract, if the Supplier has not met or complied with the requirements of s.

77.66 Wis. Stats., and related statutes regarding certification for collection of Wisconsin sales and use tax.

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4.8 RFB_SAFETY DATA SHEETS

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

Safety Data Sheets shall be provided as stated herein to:

Department of Administration Department of Enterprise Operations, State Bureau of Procurement Jeannie McCarville, Procurement Specialist 101 East Wilson St., 6th Floor Madison, WI 53703-3405

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4.9 RFB_CERTIFICATES OF INSURANCE

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

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

The Certificates of Insurance shall be provided as stated herein to:

Department of Administration Department of Enterprise Operations, State Bureau of Procurement Jeannie McCarville, Procurement Specialist 101 East Wilson St., 6th Floor Madison, WI 53703-3405

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4.10 RFB_ACCESS TO SECURE FACILITIES

Execution of this contract may require access/entrance into DOC secure facilities. All Supplier staff may be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following, but not limited to, shall apply:

All vehicles entering and leaving the facility may be searched, causing up to a thirty (30) minute delay each way. Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include, bur are not limited to, drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives, box cutters, and razor knives, unless a part of an inventoried tool box). In many locations, drivers must turn off vehicle motors and lock cab doors whenever their truck is unattended.

Tool boxes should be inventoried prior to arrival to facilitate security staff accounting.

Items may be left with security however, illegal items may not be returned. Possession of contraband may be reported to local law enforcement. Supplier staff may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

Delivery persons will need to be properly documented with approved identification: a valid Wisconsin or other State's driver's license. Vehicles will be subject to search upon entering and leaving said Facility. Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers and/or any other restricted items will not be allowed to enter the Facility.

The State will not be responsible for any additional delivery charges resulting from being denied entry by non-compliant delivery personnel.

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4.11 RFB_CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Supplier with thirty (30) calendar days written notice of the Supplier's right to cure a failure of the Supplier to perform under the terms of this Contract. The Supplier may terminate this Contract after providing the State one hundred and twenty (120) calendar days notice of the State's right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days notice to the Supplier, and the Supplier 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 Supplier shall be entitled to receive compensation for any fees owed under the Contract. The Supplier 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 Supplier may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Supplier requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Supplier:

• 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.

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• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

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

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

4.12 RFB_MODIFICATIONS OF CONTRACT

Any alterations made to the Contract shall be rendered in writing and signed by both responsible parties; no changes without such signed doumentation shall be valid. No alterations outside of the general scope and intent of the original Request for Bid, or in excess of allowable and accepted price changes shall be made.

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4.13 RFB_PRIME CONTRACTOR AND MINORITY BUSINESS CONTRACTOR

The Prime Contractor shall be responsible for contract performance when subcontractors are used. However, when subcontractors are used, they shall abide by all terms and conditions of the contract. If subcontractors are to be used, the proposer shall clearly explain their participation.

The State of Wisconsin is committed to the promotion of minority business in the State's purchasing program and a goal of placing five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107 (2), 16.75(4), 16.75(5) and 560.036(2).

The State of Wisconsin's policy provides that minority owned business enterprises certified by the Wisconsin Department of Administration shall have the maximum opportunity to participate in the performance of its contracts. The awarded Supplier is strongly urged to use due diligence to further this policy by awarding subcontracts to minority owned business enterprises, or by using such enterprises to provide goods incidental to this requested contract, with a goal of awarding at least 5% of the award amount of this request for bid/proposal to such enterprises.

Upon request, the awarded Supplier shall furnish a subcontracting plan of action indicating appropriate information about its effort to achieve this goal, including identities of such enterprises certified by the Wisconsin Department of Administration and their subcontract amount. The Department of Administration shall require from the successful contractor a quarterly report of amounts spent with certified minority business enterprises.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, State Minority Business Office, (608) 267- 3293.

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5 RFB_COST STRUCTURE AND COST SHEET

INSTRUCTIONS

5.1 RFB_METHOD OF BID

Bidders shall fully complete the last three (3) columns of the Bid Price Sheet - Attachment A for each location bid and submit the Bid Price Sheet with their bid response. Bidders may bid on all agency locations for which they are interested in delivering fuel.

Modifications to the Bid Price Sheet shall not be accepted and may result in disqualification of the Bidder. Disqualification of a bid for modifying the Bid Price Sheet shall be at the discretion of the State, as determined by the State to be in the best interest of the State.

Bidders shall provide the following for all locations bid:

Pricing Terminal - Bidder shall specify the terminal that shall be used for each location bid. The following terminals are assigned to this bid: DU (Dubuque), GB (Green Bay), MA (Madison), JC (Junction City), PB (Pine Bend), RF (Rockford), SU (Superior). Suppliers may obtain product from any terminal, but the terminal specified on the bid submission shall be used in calculating the Base Price.

Mark-up Cost - The Mark-up bid price shall be an amount in cents, or fractions of cents, per gallon. All Mark-up bid prices are to be expressed as a decimal, to four places past the decimal point. Prices listed shall be in U.S. dollars.

Sunday/Emergency Fill - Specify the cost of delivering fuel on Sundays or on an emergency basis. Price shall be in whole dollars. Any pricing containing partial dollars (cents) shall be rounded downward to the nearest whole dollar.

Examples:

• If the Mark-up bid price is nine and three quarters cents per gallon, express as $0.0975.

• If the Mark-up bid price is three quarters of a cent per gallon, express as $0.0075.

• Sunday/Emergency fill: $50 or $50.00 are acceptable formats, $50.95 shall be rounded to $50.00.

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5.2 RFB_PRICE SHEET INSTRUCTIONS

Bidders shall complete the attached Bid Price Sheet - Attachment A. Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicate otherwise.

The bid Mark-up Cost, which bidders quote in their bid response, shall include all costs, including, but not limited to: transportation/delivery costs, dye, storage and handling costs, overhead and profit.

The Mark-up Cost shall be the amount in cents per gallon that the bidder adds to the Base Price to arrive at the final delivered price to a destination. This Mark-up Cost shall include all transportation, handling costs, overhead, dye for off-road fuel, inspection fee and profit. No other costs for normal delivery shall be accepted, except for applicable taxes. the Mark-up Cost which the bidder quotes shall be firm for the initial term of the contract. Bidders shall indicate only the Mark-up Cost on the bid forms. Do not indicate the total price per gallon. All bid prices are to be expressed as a decimal (four significant numbers).

Example: If the Mark-up Cost is nine and three quarters cent per gallon, express as .

0975. If the Mark-up Cost is three quarters of a cent per gallon, express as .0075. The total price of the product delivered to the destination shall consist of three components.

These components are: 1) Base Price 2) Mark-up Cost 3) Applicable Taxes.

Base Price shall be established weekly by DTN FastRacks benchmark rack prices for all listed terminals. The Base Price for each destination shall be the average weekly rack price published for the Bidder's specified terminal for the previous week. The reporting terminals are located at:

TERMINAL ABBREVIATION

Chippewa Falls CF

Green Bay GB

Junction City JC

Madison MA

Milwaukee MI

Superior SU

Waupun WA https://www.dtn.com/?parent-category-id=5100&parent-subcategory-id=5170

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The Base Price shall be posted on VendorNet weekly. The Base Price shall normally be posted on VendorNet by 12:00 p.m. on Monday and shall apply for the entire week. In the event market prices are not available for a commodity in a location, the nearest available commodity prices shall be referenced for that location. In the event DTN FastRacks is not published for a period greater than one week, the average rack price indicated in the last published edition shall apply until the next publication is received.

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5.3 RFB_REQUESTING PRICE ADJUSTMENTS

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Price increases will not be permitted during the entire initial Contract term. Any price increases proposed after the initial Contract term must be submitted in writing to the Contractor Administrator a minimum of sixty (60) days before the proposed effective date of the increase. Notice of price increases must be fully documented. Documentation shall include copies of the Supplier's notification to the Bidder of the increase including the effective date. Increases shall not affect any orders written prior to the effective date of the increase. The Contract Administrator shall approve price increases. The State may accept, negotiate or reject any requested price increases.

Should the State reject the request for a price increase, the Supplier may elect to cancel the contract, provided the State is notified in writing ninety (90) days prior to the cancellation date.

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

6 RFB_BID PROCEDURE AND INSTRUCTIONS

6.1 RFB_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 Department of Administration 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 eSupplier.

DATE EVENT

September 3, 2020 1PM CDT Date of Issue of the RFB

September 17, 2020 1PM CDT Date Questions Due

September 24, 2020 Responses to Questions Posted to eSupplier

October 8, 2020 1PM CDT Bids Due from Bidders

November 13, 2020 Anticipated Award Date

January 1, 2021 Contract Start Date

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6.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by September 17, 2020, 1:00PM CST. 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 procurement 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: jeannie.

mccarville2@wisconsin.gov

USPS ADDRESS COMMON CARRIER ADDRESS

Department of Administration Department of Administration

State Bureau of Procurement State Bureau of Procurement

PO Box 7867 Madison, WI 53707-7867 101 East Wilson Street, 6th Floor Madison, WI 53703

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #28336-JM and be directed to Jeannie McCarville.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on eSupplier.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Jeannie McCarville is strictly prohibited during the period

Page 30 28336-JM from the date this RFB is released until the date the notice of intent to award is issued.

Jeannie McCarville may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the Department of Administration may continue to communicate with the Department of Administration Contract Administrator regarding the performance of that current Contract only.

6.3 RFB_REASONABLE ACCOMMODATIONS

Upon request, the Department of Admnistration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening, please contact: Jeannie McCarville via email at: jeannie.

mccarville2@wisconsin.gov.

6.4 RFB_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.