RFB AD230961.pdf

REQUEST FOR BID

FIRE SPRINKLER SYSTEM INSPECTION,

TESTING, MAINTENANCE AND REPAIRS

AD230961

Issued Date: September 16th, 2022

Responses Due: October 11th, 2022 by 1:00pm CST

INSPECTIONS, TESTING, AND

MAINTENANCE/REPAIRS FOR FIRE SPRINKLER

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2 MANDATORY BIDDER QUALIFICATIONS

3 MANDATORY REQUIREMENTS OF BID

3.1 TECHNICAL REQUIREMENTS

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 LIQUIDATED DAMAGES

4.3 TOBACCO-FREE ENVIRONMENT

4.4 FRATERNIZATION/AGENCY WORK RULES

4.5 PAYMENT TERMS

4.6 SAFETY DATA SHEETS

4.7 CERTIFICATES OF INSURANCE

4.8 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 PRICE SHEET INSTRUCTIONS

5.3 REQUESTING COST ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 PRE-BID SITE VISIT

6.6 SUBMITTING A BID

6.6.1 WISCONSIN eSUPPLIER PORTAL Submittal (Strongly Preferred)

6.6.2 HARD COPY BID SUBMITTAL

6.7 FORMAT OF BID RESPONSE

6.8 INCURRING COSTS

7 BID OPENING, REVIEW AND ACCEPTANCE

7.1 METHOD OF AWARD

7.2 BIDDER REFERENCES/CLIENT LIST

7.3 USE OF SUBCONTRACTORS

7.4 SUPPLIER DIVERSITY

7.4.1 MINORITY-OWNED BUSINESS ENTERPRISE

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7.4.2 VETERAN-OWNED BUSINESS

7.4.3 DISABLED VETERAN-OWNED BUSINESS

7.4.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.5 SERVICES PERFORMED WITHIN THE U.S

7.6 DEBARMENT

7.7 AWARD NOTIFICATION

7.8 PROTEST AND APPEALS PROCESS

8 REQUIRED FORMS AND SUPPORTING DOCUMENTS

1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase. Reviewing this section shall help determine the Bidder's ability to meet the Procuring Agency's needs.

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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, 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.

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.

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 and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder:

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

CAPS Consolidated Agency Purchasing Services

Commodity:

A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract: The written agreement between the successful Bidder and the State covering the

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Contract Administrator:

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

Contract Manager:

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

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

Contractor:

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

Contractual Services or Services:

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

Disabled Veteran Owned Business (DVB):

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

DOA: Department of Administration

DFTS:

Division of Facilities and Transportation Services

Inspection:

A visual examination of a system or portion thereof to verify that it appears to be in operating condition and is free of physical damage.

Maintenance: Work performed to keep equipment operable or to make repairs.

Minority Business Enterprise (MBE):

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

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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.).

NFPA: National Fire Protection Association

Notice of (Intent to) Award:

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

OEM: Original Equipment Manufacturer

OSHA: Occupational Safety and Health Administration

Prime Contractor: A Bidder who receives an award in response to this RFB

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.

Procurement Specialist:

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

Procuring Agency: The State Agency conducting the purchasing transactions.

RFB: Request for Bid

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 RFx, this term is used interchangeably with the term "requirement".

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System:

Any combination of sprinklers, standpipes, piping, pumps, and controls which combine for fire protection of any building.

Testing:

A procedure used to determine whether a system is working as intended by conducting periodic physical checks such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry-pipe valves.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Consolidated Agency Purchasing Services (CAPS) on behalf of the Department of Administration (DOA), Division of Facilities and Transportation Services (DFTS), requests Bids for the purchase of inspections, testing, and maintenance/repair services as needed for fire sprinkler systems, fire pumps, and private fire hydrants. DFTS intends to use the results of this process to award to one contractor for each region listed by this Request for Bid

(RFB).

Regions covered by this RFB are as follows: Madison, Milwaukee/Waukesha, Green Bay, and Wisconsin Rapids.

Inspection and testing services are required for the fire sprinkler systems, fire pumps, standpipes and private fire hydrants in fifteen (15) Madison-based State facilities plus one (1) facility each in Milwaukee, Waukesha, Green Bay, and Wisconsin Rapids, for a total of nineteen

(19) facilities in Wisconsin. Repairs are periodically required and are included in contractor responsibilities.

DOA does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered shall be rejected.

1.3 CONTRACT TERM

This Contract shall run for an initial three (3) year period. DOA and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) one (1) year periods.

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

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

1.4 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 shall be void.

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1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by DOA, 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 conflict with the incorporated elements of the Contract, the following order of precedence shall prevail:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

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

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder requirements, qualifications, and Specifications in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid. Before the award of any Contract, the DFTS 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 the DFTS with these requirements, qualifications and Specifications by submitting appropriate or supporting documentation.

Failure to meet a requirement, qualification or Specification shall disqualify the Bid. However, in the event that no single Bidder is able to meet an individual mandatory requirement, qualification or Specification, the State reserves the right to eliminate that individual mandatory requirement; in such case, the State shall continue the review of Bids and to select the Bid that most closely meets the requirements, qualification or Specification in this RFB.

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2 MANDATORY BIDDER QUALIFICATIONS

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

2.1 EXPERIENCE

Bidder shall be in the business of providing testing, service and parts to fire sprinkler systems of the types listed in Appendix 1- Sprinkler System Inventory and shall have done so for the past three (3) years. Bidder shall indicate on 'Attachment C - Bidder Required Form' the year Bidder began providing testing, inspection and repair services for fire sprinklers.

2.2 LICENSES

Bidder shall include, with the bid response, a copy of the Wisconsin Automatic Fire Sprinkler Contractor License held by each employee who will perform inspection service under this contract. See Section 3.1.2. for Inspection Requirements.

During the contract period, the Contractor may add additional employees to perform services under this contract by submitting a copy of the Wisconsin Automatic Fire Sprinkler Contractor License for the additional employee(s) to the Contract Manager no less than ten (10) business days before that employee(s) would perform services.

Bidder shall utilize experienced technicians capable of all required services described in this

RFB.

3 MANDATORY REQUIREMENTS OF BID

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

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3.1 TECHNICAL REQUIREMENTS

3.1.1 Contractor shall test and service fire sprinkler systems, fire pump, and private fire hydrants in accordance with the National Fire Protection Association (NFPA) and manufacturer's requirements.

3.1.2 Each system inspection/testing/maintenance and repair service shall include, at a minimum, the following functions in accordance with the NFPA 25, 2020 edition standards.

3.1.2.1 Inspect the system to determine whether it is in service and in satisfactory condition.

3.1.2.2 Identify potentially detrimental site conditions that could compromise the performance of mechanical and/or electronic components of the system.

3.1.2.3 Inspect clearance and condition of the sprinkler heads to allow for proper distribution and activation.

3.1.2.4 Inspect the sprinkler control valves for position, general condition, accessibility and appropriate signage.

3.1.2.5 Inspect and perform water-flow tests for each system from main drain and inspector's test valve, weather permitting (above 32 degrees F). In case of inclement weather, technician shall reschedule for earliest possible date.

3.1.2.6 Inspect the Fire Department connection couplings, caps, threads and clappers, check valves and drains.

3.1.2.7 Inspect and test the fire sprinkler system alarm components for satisfactory condition and operation.

3.1.2.8 Check the reserve supply of sprinkler heads.

3.1.2.9 Inspect the general condition of visible and accessible sprinkler system piping, hangers, drain valves, gauges and related equipment.

3.1.2.10 If applicable, inspect and test the operation of system air compressors for proper activation and cutoff.

3.1.2.11 If applicable, inspect the deluge or pre-action valves according to the NFPA 25, 2020 edition standards, including interior checks of the valve body, clapper, clapper facings and latching mechanism.

3.1.2.12 If applicable, thoroughly clean pilot lines and solenoid strainers.

3.1.2.13 If applicable, disassemble the solenoid release, and inspect and clean the interior.

3.1.2.14 Test all low-pressure alarms, supervisory circuits, and auxiliary functions for proper operation.

3.1.2.15 Notify the facility manager of any system impairment or alarm signal that may occur during testing.

3.1.2.16 Inspect and test all pressure gauges.

3.1.2.17 Check antifreeze systems and test antifreeze solution for freeze protection.

3.1.2.18 Perform annual backflow preventer test.

3.1.2.19 Perform annual Fire Pump tests.

3.1.2.20 If applicable, perform annual testing on private fire hydrants to insure they are functioning properly.

3.1.2.21 Inspect sprinkler head date of manufacture and confirm whether or not testing or replacement is due: fifteen (15) years for dry type heads; twenty (20) years for quick response sprinkler; fifty (50) years for standard response.

3.1.2.22 Tag devices as required and perform all required record keeping.

3.1.2.23 Note any changes in building status or occupancy, since the previous inspection, that may affect the performance or reliability of the fire sprinkler system, including any obstructions.

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3.1.2.24 Inquire about changes or modifications made to the fire sprinkler system and report to DFTS accordingly.

3.1.2.25 Inquire and comment on the customer's general storage and stock arrangement for combustibles in relation to fire sprinkler system protection.

3.1.2.26 Compile a complete report of the inspection, explaining any deficiencies and recommending corrective action to be taken.

3.1.2.27 Perform full dry pipe and pre-action valve trip test if due. (These tests are required once every three (3) years. Each building has a separate schedule for testing. Facilities managers should be consulted to determine what year testing shall be required.)

3.1.2.28 Perform internal inspection, cleaning, and service of system check valves, if due (These tests are required once every five (5) years. Each building has a separate schedule for testing. Facility managers should be consulted to determine what year testing shall be required.)

3.1.2.29 Perform internal visual inspection of randomly selected sections of pipe, if due (These tests are required once every five (5) years. Each building has a separate schedule for testing. Facility managers should be consulted to determine what year testing shall be required.)

3.1.2.30 Flow test standpipes, if due. (These tests are required once every five (5) years.

Each building has a separate schedule for testing. Facility managers should be consulted to determine what year testing shall be required.)

3.1.3 The nineteen (19) facilities, their locations, facility manager, building square footage, and sprinkler system information are listed in Appendix 1- Sprinkler System Inventory. During the contract and its renewal periods, locations may be added, replaced or subtracted from this list without penalty. Costs for service to new or replaced systems shall be consistent with similar systems in the original bid prices, or as negotiated with the DFTS.

3.1.4 Repairs: This contract shall include "as-needed" repairs, maintenance and parts to the fire sprinkler systems, fire pumps, and private fire hydrants, in addition to the inspection/ testing listed above. This service shall be billed at an hourly rate determined by this contract. Hourly rates are not portal to portal. Hourly rates are effective when the Bidder arrives at the job site with the proper equipment until the Bidder leaves the job site building. Bidder can invoice a trip charge at the rate bid for repairs. Repair parts shall be invoiced according to documented cost with no markup. No payment shall be made for parts unless the original parts invoice accompanies the bidder's invoice.

3.1.4.1 For purposes of this specification, repair service shall be defined to include corrective work needed to maintain proper operation of the equipment as required and/or recommended by the manufacturer or as ordered by the DFTS.

3.1.4.2 Contractor shall only perform work which is required and authorized by the DFTS representative. Payment shall not be made for unauthorized work.

3.1.4.3 Contractor shall furnish all material and equipment required for these services in accordance with industry standards. No material, parts or equipment shall be supplied or installed prior to acceptance by the building manager. Replacement parts shall be:

• new unless authorized by the facility manager or designee

• of the same OEM (Original Equipment Manufacturer) brand unless authorized by the facility manager or designee

• locally stocked and/or available within twenty-four (24) hours

• accepted for payment only after successful installation and testing

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• where applicable, dated with black permanent marker at time of installation.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 All work shall be according to professional industry standards and shall be subject to acceptance by the Facility Manager, contract manager or designee.

3.2.2 Contractor's employees shall always conduct themselves in an orderly and professional manner at all times. Contractor's employees shall not use profane or abusive language.

3.2.3 The State reserves the right to request re-assignment of staff for any reason, including but not limited to unsatisfactory performance or behavior.

3.2.4 All Contractor employees, while on State property, shall wear a clearly displayed identification badge (provided by the Contractor at the Contractor's expense) or a company-issued uniform showing that they are employees of the contractor.

3.2.5 Within thirty (30) days of the receipt of a signed contract, the Contractor shall submit a tentative schedule of inspections/testing for the remainder of the fiscal year to the DFTS contract manager. A tentative schedule of inspections for each fiscal year of the contract shall be submitted by or before July 1 of each year. All schedules are subject to approval by the contract manager.

3.2.6 Contractor shall supply contact information for customer service and/or emergency service to the contract manager.

3.2.7 The Contractor shall provide required emergency services to perform repairs to the sprinkler systems any time of the day, 365 days per year. Contractors shall respond by phone within one (1) hour of notification and be on site within four (4) hours of notification or at a time mutually agreed upon between the contractor and facility manager to attend to the respective equipment malfunction and/or failure.

3.2.8 Contractor shall schedule inspection/testing/repairs of systems and pumps in advance with facility manager.

3.2.9 Invoices shall be itemized and shall include the purchase order number. All invoices shall be emailed to DOADFMAccountsPayable@wisconsin.gov. When additional work or repairs are authorized by the DFTS, costs shall be invoiced using the pricing submitted by the contractor on Attachment A- Price Sheet, Section 2-Repair Prices. No other costs shall be approved for payment.

3.2.10 Repair parts shall be invoiced at Contractor cost and itemized on invoices. Parts shall be purchased by the Contractor at the lowest price available at the time considering the prevailing conditions and circumstances for which the purchase is required. Original supplier invoice shall be submitted with the contractor invoice. The State reserves the right to supply parts when deemed in the best interest of the State.

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder 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 shall occur only if the change is in the best interest of the State.

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4.1 BACKGROUND CHECKS

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

4.2 LIQUIDATED DAMAGES

The DFTS may suffer damages due to Bidder's lack of performance of certain terms and conditions of the resulting contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non- performance, the DFTS shall impose the following liquidated damages for the performance failures listed below.

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

In the event the Contractor causes damage to the facility due to neglect, carelessness or improper procedures, the Contractor may be charged the full amount of costs to restore or repair the facility to original condition.

4.3 TOBACCO-FREE ENVIRONMENT

Contractor crew shall abide by the policies and rules of the facility. State facilities are smoke free buildings. Contractor personnel shall not smoke on site.

4.4 FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to the DFTS.

4.5 PAYMENT TERMS

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

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4.6 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by s. 101.58, Wis. Stats., the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container, or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets 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:

Division of Facilities and Transportation Services Emily Gorman 101 East Wilson Street, 4th Floor PO Box 7866 Madison WI 53707-7866

4.7 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Contract is issued, the winning Contractor will be required to provide copies of applicable insurance certificates. The Agency will evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within fourteen (14) days of the State's issuance of the Notice of Intent to Award, the Contractor shall be given an additional seven (7) days to comply. Should the appropriate Certificates of Insurance not be received within that time, the State reserves the right to cancel the award or Contract and make another award.

The Certificates of Insurance listed in Section 4.7 shall be provided as stated herein to:

Division of Facilities and Transportation Services Emily Gorman 101 East Wilson Street, 4th Floor PO Box 7866 Madison WI 53707-7866

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4.8 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

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

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

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days' notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

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

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice.

• Makes an assignment for the benefit of creditors

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

Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the

Standard Terms and Conditions (DOA-3054)

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

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• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

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

• Fails to maintain the confidentiality of the State's information that is considered to be

Confidential Information, proprietary, or containing Personally Identifiable Information

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

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a net unit price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2 PRICE SHEET INSTRUCTIONS

Bidders shall complete the attached Cost Sheet(s). Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

Bidder shall submit Quarterly and Annual Prices for inspection/testing/maintenance, for each building separately, as listed on Attachment A – Price Sheet, Section 1-Inspection, Testing, and Maintenance. Total Building Price shall be automatically calculated by the form. Quarterly and Annual Prices for inspection/testing/maintenance shall be all-inclusive, including: labor, transportation, fuel, insurance, equipment, and the cost of all supplies or materials needed. No fuel surcharge shall be allowed during the length of the contract. Bidders may bid on one or multiple regions. Bidders shall bid on service to all buildings listed in a region. Any Services left blank in a Region bid shall be treated as a zero.

Bidder shall submit Per Hour Rate, plus a flat-fee Truck/Trip cost for repair services in Section 2-Repairs on Attachment A - Price Sheet for each region Bid in Section 1. Any Rate or Truck/Trip cost left blank shall be treated as a zero. Prices listed in Section 2 shall apply only to work on State-authorized repairs not included in the inspection/testing/maintenance service.

Prices listed in Section 2 are required for contractual purposes only and shall not be considered in determining award.

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5.3 REQUESTING COST 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 initial Contract term. Any price increases proposed after the initial Contract term must be submitted in writing to the Contractor Administrator a minimum of 30 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 any and all price increases.

Any request for increases shall be limited to the Consumer Price Index – Midwest Region (CPI- U), not seasonally adjusted, https://data.bls.gov/cgi-bin/surveymost?r5 or 3%, whichever is lower. Cost increases to the Contractor shall be mutually agreed upon by DFTS and the Contractor. Any cost decreases from the manufacturer or supplier that are passed through to the Contractor, shall be passed to DFTS within thirty (30) days of the effective date of the cost decrease.

If the Contractor is requested to provide services during the transition renewal period, any request for increases shall be limited to the Consumer Price Index – Midwest Urban (CPI-U), not seasonally adjusted or 3%, whichever is lower, and shall be mutually agreed upon by DFTS and the Contractor.

6 BID PROCEDURE AND INSTRUCTIONS

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6.1 CALENDAR OF EVENTS

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

DATE EVENT

September 16th, 2022 Date of Issue of the RFB

September 29th, 2022 by 12:00pm CST Last day for Optional Pre-Bid Site Visits (must be set up and approved with facility manager (s)

September 29th, 2022 by 4:00pm CST Date Questions Due

September 30th, 2022 Responses to Questions Posted to eSupplier

October 11th, 2022 by 1:00pm CST Bids Due from Bidders

October 11th, 2022 at 3:00pm CST TEAMS Meeting Listing All Received Bids

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6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions or clarifications concerning the RFB document by September 29th by 4:00pm 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 Specialist representative named below of the issue in writing. The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarifications.

Email is also accepted for the submission of questions and/or clarifications and shall refer to Request for Bid # AD230961 and be directed to Matthew Capaul at Matthew.

Capaul@Wisconsin.Gov.

Please note any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and consolidated with questions received from within the Wisconsin eSupplier Portal. All questions and answers will be posted as an Amendment on the Wisconsin eSupplier Portal. It is the Bidder's responsibility to check the Wisconsin eSupplier Portal for any questions and answers pertaining to this RFB. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments or addendums shall be posted on the Wisconsin eSupplier Portal.

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

6.3 REASONABLE ACCOMMODATIONS

Upon request, the DFTS shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed at a Bid opening or Bidders' Conference, please contact: Matthew Capaul at Matthew.Capaul@Wisconsin.Gov or 608-266-0312.

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6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders currently registered on the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) shall receive official notices throughout the procurement process for this RFB. Bidders that register on the Wisconsin eSupplier Portal after the posting of this RFB shall receive official notices of future procurement solicitation opportunities for the State of Wisconsin and University of Wisconsin System campuses. 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 through the link below to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State.

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

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

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

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

6.5 PRE-BID SITE VISIT

Bidders may visit the facility prior to submitting a Bid to assure themselves and DOA that they understand the requirements of the project. While this pre-bid site visit is not mandatory in order to submit a Bid, failure to do so shall not relieve the awarded Bidder from providing, without additional cost to the State, completion of all contracted services according to specifications of this RFB and the resulting Contract.

Site visits shall be arranged by making an appointment through the facility managers listed on Appendix 1- Sprinkler System Inventory. Questions shall not be discussed during this visit; all questions shall be in writing and submitted to Matthew Capaul by the deadline indicated in Section 6.1. The State does not guarantee any specific site visit date but the site visit must take place before bid questions are due.

6.6 SUBMITTING A BID

Bidders shall respond to the RFB in either the Wisconsin eSupplier Portal or by providing a hard copy Bid. Faxed and emailed Bids shall not be accepted.

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

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

Please note, Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received. Only clicking "Save" does not submit the Bid response; therefore, it shall not be received or reviewed.

Certain requirements, qualifications and Specifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) requirements that cannot be met, a "no" shall be checked and a supplemental document shall be provided as an attachment to explain.

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

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

• File names must be no longer than 64 characters, including the file extension (e.g.,".

docx").

• File names cannot contain any special characters (e.g., commas, percent signs, hash symbol).

• The maximum file size for any attachment is 80MB.

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

• Bidders may only upload a single file in response to a Bid Factor. Uploading additional files will overwrite the previous upload. If a Bidder has the need to attach multiple files, the Bidder shall consolidate the documents into a single file.

Alternatively, the Bidder may upload one file in response to the Bid Factor and upload the rest of the documents using the Upload File button on the Submit Online Response page.

• In order to officially submit a bid response, the Bidder must click the Submit button and receive verification that the Bidder response has been submitted.

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6.6.2 HARD COPY BID SUBMITTAL

Bidders still have the option to mail or otherwise provide a hard copy Bid when responding to this RFB. If submitting a hard copy Bid (instead of the electronic Bid option described above), Bidders shall submit an original signed Bid, marked as stated below and an electronic of all materials required for acceptance of their Bid by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

MATTHEW CAPAUL MATTHEW CAPAUL

DEPARTMENT OF ADMINISTRATION DEPARTMENT OF ADMINISTRATION

STATE BUREAU OF PROCUREMENT STATE BUREAU OF PROCUREMENT

PO BOX 7867 101 EAST WILSON ST. 6TH FLOOR

MADISON, WI, 53707-7867 MADISON, WI, 53703

All Bids shall be received and time-stamped at the above location no later than October 11th, 2022 by 1:00pm CST. Bids not time-stamped shall be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOA CAPS Purchasing Office.

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

BIDDER NAME AND ADDRESS

FIRE SPRINKLER SYSTEM INSPECTION, TESTING, MAINTENANCE AND REPAIRS

AD230961

October 11th, 2022 by 1:00pm CST

Hand Delivered Bids:

The Department of Administration, at 101 E. Wilson St. in Madison, has building security policies and procedures. There is a security checkpoint at the first-floor lobby. All visitors shall be required to provide current identification and sign in for a visitor's pass. Security personnel shall call the intended procurement specialist prior to the visitor being allowed to proceed to their destination in the DOA building. This means Bidders shall have the procurement specialist' s name to allow the security guard to place a call to the procurement specialist. The Bidder shall allow ample time to clear security before reaching the Bureau of Procurement office to obtain the required Bid time-stamp.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. Hard copy Bids shall still be allowed in response to the RFB.

However, the State has no liability for errors made in inputting any information into the eSupplier Portal submitted via hard copy.

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6.7 FORMAT OF BID RESPONSE

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Bidders responding to this RFB shall comply with the following format requirements:

Complete and Signed Bidder Required Form: Include a completed and signed Attachment C, Bidder Required Form DOA-3832, with the Bid response. All sections of the form shall be completed. 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 costs 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 costs.

DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed Bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the costs in its Bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the costs quoted in the Bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

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 Cost information on the Price Sheet – Attachment A, included in this RFB, include one (1) hard copy of the Cost Sheet with the Bid response and one

(1) electronic copy in Excel format (PDF not permitted). All cost 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 cost formats will be accepted. Alternate cost formats may eliminate consideration for this Bid.

Bid Factors: The Bidder shall complete and include Attachment B - Bid Factor Matrix, included in this RFB. A response to each statement listed shall be clearly checked and submitted with the RFB response.

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Any alteration of the Bid documents is prohibited and shall result in rejection of the Bid.

6.8 INCURRING COSTS

The State of Wisconsin shall not be liable for any costs incurred by the Bidder in responding to this RFB.

7 BID OPENING, REVIEW AND ACCEPTANCE

Due to the States telework policy, there will be no in-person Bid Opening. A TEAMS meeting shall be held instead on October 11th, 2022 at 3:00pm CST. To join the Bid Opening please dial 608-571-2209 and use Conference ID 749 952 541#. The names of the Bidders may be read aloud at that time.

All Bids will be reviewed by CAPS Procurement Specialist to ensure compliance with submittal Requirements. DFTS shall be the sole judge as to Bidder's compliance with the Bid instructions. At any time during the process, the State reserves the right to request and review additional information from Bidders.

Bids that do not comply with Mandatory Requirements shall be rejected. Bids that do not comply with Special Terms and Conditions of the Bid may be rejected. CAPS in its sole discretion retains the right to accept, clarify, or reject any or all Bids, or accept, clarify, or reject any part of a Bid, if deemed to be in the best interest of the State.

7.1 METHOD OF AWARD

Awards shall be made on the basis of the lowest Total Region Price for each region listed on Section 1-Inspection Prices of Attachment A - Price Sheet, by a responsive and qualified bidder.

Costs Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount shall be disqualified. In the event of Bidder error in calculation, unit cost shall prevail in award.

The DFTS intends to award to one (1) Bidder per region, whichever is judged to…