RFB AD241037 Commercial Eddy Current Testing.pdf

REQUEST FOR BID

Commercial Eddy Current Testing Services for State- Owned Facilities

AD241037

Issued Date: November 30, 2023

Responses Due: December 21, 2023, 1:00 PM CT

Commercial Eddy Current Testing Services

Page 2 AD241037

Table of Contents

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2.0 MANDATORY BIDDER QUALIFICATIONS

2.1 BIDDER HISTORY

2.2 MINIMUM EXPERIENCE

3.0 MANDATORY REQUIREMENTS

3.1 CONTRACTOR REQUIREMENTS

3.2 TECHNICAL REQUIREMENTS

3.3 REPORT REQUIREMENTS

3.4 MANDATORY PERFORMANCE AND SUPPORT REQUIREMENTS

4.0 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 CERTIFICATES OF INSURANCE

4.7 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

TERMINATION FOR CONVENIENCE

CONTRACT CANCELLATION

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 Cost Sheet Instructions

5.2 Requesting Cost Adjustments

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

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6.5 SUBMITTING A BID

6.5.3 Hand Delivered Bids

6.6 CONTENT OF BID RESPONSE

6.7 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 BIDDER REFERENCES

7.6 USE OF SUBCONTRACTORS

7.7 SUPPLIER DIVERSITY

7.8 DEBARMENT

7.9 AWARD NOTIFICATION

7.10 PROTEST AND APPEALS PROCESS

8.0 REQUIRED FORMS AND SUPPORTING DOCUMENTS

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1.0 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State of Wisconsin (State) intends to purchase. Reviewing this section will help determine the Bidder’s ability to meet the Department of Administration Division of Facilities Development’s needs.

1.1 DEFINITIONS

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

Absorption Chiller:

Absorption chiller is a closed loop cycle that uses waste heat to provide cooling or refrigeration.

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

American Society for Non-Destructive Testing:

The American Society for Nondestructive Testing, Inc. or ASNT is a technical society for nondestructive testing (NDT) professionals.

Bid:

a cost 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 RFB

Bid Factor:

an element of the RFB that does not appear in the RFB document, but the Bidder must respond

to. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a response electronically. If submitting a hard copy response, Bid Factors can be downloaded from the Supporting Documents and must be included with the hard copy response

Cancellation:

Cancellation is defined to be a termination of a scheduled inspection services.

CAPS: Consolidated Agency Purchasing Services

Centrifugal Chiller:

Centrifugal chillers use the vapor compression cycle to chill water. It throws off the heat collected from the chilled water plus the heat from the compressor to a water loop.

https://www.bing.com/ck/a?!&&p=6b16dba647d71eccJmltdHM9MTY5ODAxOTIwMCZpZ3VpZD0zNTQ5NTExMi00NTk0LTZhMTktMDBkNC00MzU1NDE5NDZjNmImaW5zaWQ9NTYzNA&ptn=3&hsh=3&fclid=35495112-4594-6a19-00d4-435541946c6b&u=a1L3NlYXJjaD9xPU5vbmRlc3RydWN0aXZlJTIwdGVzdGluZyUyMHdpa2lwZWRpYSZmb3JtPVdJS0lSRQ&ntb=1

Page 5 AD241037

Commercial Property:

Commercial property is property used for business purposes rather than as a living space. It includes offices, industrial units, rentals, and retail.

Commodity:

a tangible article of trade or item of merchandise;

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

Contract:

the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB

Contract Administrator:

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

Contract Manager:

the 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, or contractual services to, DOA, DFD

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

CT: Central Time

Day: Calendar Day unless otherwise indicated

DFD Division of Facilities Development

Direct Cost:

Direct costs mean labor costs and actual incurred per diem expenses for the day of the originally scheduled inspection.

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

Eddy Current Testing Service:

Eddy current testing service is a non-destructive testing (NDT) inspection method used for a variety of purposes, including for flaw detection, material and coating thickness measurements, material identification and establishing the heat treatment condition of certain materials.

FAQ: Frequently Asked Questions

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ID: Inner Diameter

Mandatory:

a Requirement labeled as such will be present in the Bid submission, exactly as stated, or the submission will not be considered by the State. The terms “must” and “shall” are considered Mandatory

Minority Business Enterprise (MBE):

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

Stats.

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.)

Non-Destructive Testing (NDT)

Non-destructive testing is a technique used to evaluate the properties of a material, component, structure, or system without causing any damage. There are various types of NDT such as visual inspection, radiography, ultrasonic testing, magnetic particle testing and penetrant testing.

Notice of Intent to Award:

a writing issued by the Procurement Specialist notifying all Bidders of DOA, DFD Division’s intent to award a Contract to the successful Bidder

OSHA: Occupational Safety and Health Administration

Procurement Specialist:

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

Reciprocating Chillers:

Reciprocating chiller compressors are positive displacement machines that use the reciprocating action of a piston inside a cylinder to compress refrigerant.

RFB: Request for Bid

Requirement:

a descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the State

Rescheduling:

Rescheduling is defined to be a postponement, or delay of a scheduled testing without 7 calendar days’ notice.

Screw Chillers:

Screw chillers are vapor compressor chillers that use a screw compressor to transport the coolant through the system.

SME: Subject Matter Expert

SNT-TC-1A

SNT-TC-1A is the personnel qualification and certification in nondestructive testing. This standard lays out guidelines companies or organizations can use to develop their own in-house programs for qualifying and certifying NDT staff.

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State: State of Wisconsin

State Holidays:

New Year’s Day, Martin Luther King Jr. Birthday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Eve

VB: Veteran-Owned Business

WBE: Woman-Owned Business Enterprise

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 Development (DFD), requests Bids from qualified vendor(s) to provide Eddy Current Testing of evaporator, condenser, absorber, concentrator and surface condenser tubes on various reciprocating, centrifugal, absorption water chillers and surface condensers at State-owned facilities throughout the state and intends to use the results of this process to award a Contract.

DFD does not guarantee it shall purchase any specific quantity or dollar amount or pay any minimum contract cost during the term of the Contract.

1.2.1 Overview of Procuring Agency, Background and Objectives

The Contractor shall provide all labor, equipment, mileage, travel expenses, lodging, and material necessary to perform non-destructive eddy current tests on selected water chilling heat exchangers on chilled water systems located at various State Facilities. The count of tubes to be tested is included in

Attachment A – Eddy Current Testing Area Summary. Bid shall be based on cost to perform all work at all sites. Tests shall be conducted on the specified list of equipment.

The sites to be tested are listed in Attachment A - Eddy Current Testing Area Summary.

All onsite work shall be performed only by certified Level II or III Technicians in accordance with latest edition of procedure SNT-TC-1A as specified by the American Society for Non-Destructive Testing.

1.3 CONTRACT TERM

This shall be for three (3) years and shall be effective on the date it is executed by DFD. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

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.

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 DFD, and any additional terms

Page 8 AD241037 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.

• 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.

• 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, Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by DFD and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with DFD and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder requirements, and qualifications in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid. Before the award of any Contract, DFD shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint DFD with these requirements and qualifications 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 reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements, qualification, or Specification in this RFB.

2.0 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. Bidder must use Attachment D – RFB Experience Form to respond to this section.

2.1 BIDDER HISTORY

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Bidder must have experience providing Commercial Eddy Current Testing services within the past three

(3) years. Bidder shall complete Attachment D – RFB Experience Form, to support this qualification.

2.2 MINIMUM EXPERIENCE

Bidder must have certified Level II or III Technicians in accordance with latest edition of procedure SNT-TC- IA as specified by the American Society for Non-Destructive Testing. The technicians must have provided the equivalent services for a minimum of one (1) year immediately preceding the submittal of this Bid.

The technicians may be an owner, officer, employee, or subcontractor.

3.0 MANDATORY REQUIREMENTS

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid as submitted in Section 1 of Cost Sheet (Attachment C).

3.1 CONTRACTOR REQUIREMENTS

3.1.1 Communication and Coordination

After award, the Contractor must designate a person to provide on-going communication, coordinate servicing, answer questions and expedite deliveries.

3.1.2 Materials and Equipment

Contractor shall include, provide, and deliver to the jobsite all material and equipment needed to complete the work. This includes all special equipment such as air compressors, ladders, scaffolding, ropes, buckets, harnesses, etc. – all equipment shall be operated by the Contractor.

3.1.3 Damage Caused by Contractor

Any damage caused by the Contractor, or their subcontractors, while performing this contract work shall be corrected at the Contractor’s expense and to the satisfaction of DFD. Damage includes, but is not limited to;

existing equipment, buildings, grounds, and/or personal property of the State.

3.1.4 Inspections

All Inspections shall be performed utilizing a multi-channel digital Eddy Current instrument: Corestar Omni 200, MS 5800, Eddyfi Ectane, Olympus Nortec 600 or equivalent after approval by the DFD designee.

3.1.5 Certification of Technicians

All eddy current tests shall be conducted by certified Level II or III Technicians in accordance with latest edition of procedure SNT-TC-IA as specified by the American Society for Non-Destructive Testing.

3.2 TECHNICAL REQUIREMENTS

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3.2.1 Differential Data

As a minimum differential and external reference differential data shall be used for interpretation of indications.

3.2.2 Inspection Probes

Inspection probes shall have a fill factor of at least .85 unless otherwise approved in writing as authorized by the DFD representative. Inspection probes must contain an independent coil configuration sensitive to uniquely identifying circumferential cracking.

3.2.3 Facility Water Boxes

The jobsite will have one water box open, and tubes cleaned on units that are to be tested. In general, this will include draining and opening the chiller and brush cleaning of the tubes to make them accessible.

3.2.4 Chiller Tube Material

Contractor shall test various chiller types, including but not limited to Reciprocating, Screw, Centrifugal and Absorption, as well as chillers with varying chiller tube material and Inner Diameter (ID). Typical chillers will have copper tubes; however, ID of some tubes will be enhanced tubes while others will be smooth bore.

3.2.5 Scheduling Testing Services

The Contractor shall provide a schedule of testing sites sixty (60) days prior to testing and the annual schedule must allow for completion before April 1st for each year of the contract. No testing shall be performed between April 1 through November 1 of any year.

Contractor shall provide a schedule of testing sites via email to the DFD representative to ensure completion before April 1st of each year of the contract.

Contractor shall coordinate with the facility physical plant contact and DFD to perform the tests at a mutually agreeable time, the Contractor shall coordinate in writing at least three (3) weeks prior to starting the testing with the individual chiller facility supervisor. This coordination will allow staff to clean and make the chiller ready for testing.

All testing must be completed before December 31, 2024, for area 1, before April 1, 2025, for areas 2 & 3 and before April 1, 2026, for areas 4 & 5.

3.3 REPORT REQUIREMENTS

3.3.1 Chiller Data Spreadsheet

The eddy current technician shall complete a chiller data spreadsheet (example in Attachment A) Eddy Current Testing Area Summary (fill in or update fields) and note any unusual and or severe deterioration and make a preliminary verbal report to the site contact before leaving the test site, and to the authorized DFD representative, on findings when testing is completed. Official confirmation of

Page 11 AD241037 these conditions shall be contained in the written report.

The written report shall include at a minimum:

• Test site identification information.

• Chiller Manufacturer serial and model numbers.

• Site specific chiller identification i.e., “Chiller #1”

• Chiller tube specifications

• Chiller tube count Evaporator, Condenser, Generator, Surface Condenser

• Number of tubes plugged

• Test summary report including calibration tube specifications and drawings of artificial defects.

• Indication details including defect indication signal amplitude and depth.

• Tube sheet diagram(s) with defects identified as a symbol and analyzed depth characterized with a color.

• Support distances.

• Recommendations for corrective action.

3.3.2 Report Results

After the inspection at each location, a comprehensive final report shall be submitted to the Department of Administration in three (3) copies of a bound and a DIGITAL COPY of data must be provided in a usable format, such as, but not limited to, PDF, Word, or 64 GB (minimum) USB drive.

The report shall summarize the inspection methods and findings. All reports shall have complete documentation attached as appendices of all testing and field data, calculation summaries.

The final testing report must (at a minimum) include the following information:

An introduction with an itemized summary of testing program including a list of key personnel involved including facility, regulatory and inspection team (identify all team members), name and location of facility.

The copies of the report must be received by the Department of Administration DFD representative three (3) weeks after completion of the on-site inspection.

Heating Plant Engineering Section

Attention: Robert Otremba

Division of Facilities Development & Management

101 East Wilson Street/PO Box 7866

Madison, Wisconsin 53707

Any findings that need immediate attention shall be emailed to Robert Otremba Robert.Otremba@wisconsin.gov immediately upon completion of inspection at each location.

3.4 MANDATORY PERFORMANCE AND SUPPORT REQUIREMENTS

mailto:Robert.Otremba@wisconsin.gov

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3.4.1 Cancellation or Rescheduling

When Cancellation is due to errors or omissions by the contractor the state will not pay for any costs incurred by the contractor, in addition the cancellation may be cause for termination of the contract.

When an Eddy Current Testing Service is cancelled by the State, the Contractor may bill for direct costs incurred for the set-up day and the inspection day. Cancellation billings may not exceed the bid cost of the scheduled inspection.

If Rescheduling occurs at the request of the State such that a scheduled testing date on the contractor’s work schedule remains unfilled, the contractor may bill for direct costs associated with the delay.

The State will not pay a Rescheduling penalty when another testing site is substituted for the originally scheduled testing location. If Rescheduling occurs at the request of the contractor or due to errors or omissions by the contractor the State will not pay for any costs incurred by the contractor, in addition the rescheduling may be cause for termination of the contract. Rescheduling billing may not exceed the bid cost of the schedule testing.

3.4.2 Subcontractors

There shall be one contract between the DOA/DFD and a single Contractor for the award of the entire Contract. If subcontractors are planned to be used, this should be clearly explained in the bid.

However, the prime Contractor will be responsible for contract performance if subcontractors are used.

No subcontracting will be allowed without the prior approval of the Contract Officer managing this contract.

3.4.3 Customer Service

Awarded Contractor shall provide business hours contact information for customer service. This information shall include: name of contact person, telephone number, email address, hours available.

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.

Awarded Contractor shall provide 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 individuals 24 hours/day in case of an emergency.

3.4.4 Safety Compliance

The Contractor shall comply at all times with all local, state, or other legal requirements for safety, including operating all equipment in conformance with the manufacturer's operating instructions for each, and in compliance with Federal Occupational and Health Safety Administration (OSHA) standards and requirements. The safety provisions of applicable building and construction codes shall be observed. No work shall be performed in any manner or location that may endanger the health, safety, or welfare of all persons, including employees, from foreseeable injury, or damage to property.

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4.0 SPECIAL TERMS AND CONDITIONS OF BID

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

4.1 BACKGROUND CHECKS

Due to the nature of this solicitation, DFD 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 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

DFD may suffer damages due to Contractor 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 DFD shall impose the following liquidated damages for the performance failures.

If the Contractor fails to deliver services in accordance with the terms and conditions of the Contract, DFD 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 original Contractor shall pay to DFD any difference between the bid cost and the cost paid to the other Contractor.

Both parties acknowledge it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of this, the Contractor acknowledges for the Contract resulting from this Bid, it shall negotiate liquidated damages, as required by the State, for the Contract.

The Contractor agrees the DFD shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.3 TOBACCO-FREE ENVIRONMENT

Sites are tobacco-free; therefore, Contractor personnel shall not smoke or use tobacco products 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 DFD.

Page 14 AD241037

4.5 PAYMENT TERMS

Payment will not be made until the Eddy Current Testing service is determined to meet all requirements and deliverables and has been accepted by DFD.

Contractor shall invoice DFD monthly for services rendered under the provisions of this Contract.

Invoicing after each month’s service shall be no later than the 15th of the month following the work period. Additional services shall be itemized on the invoice. All invoices shall be emailed to:

DOADFMAccountsPayable@wisconsin.gov. Only properly submitted invoices shall be officially processed for payment. Prompt payment requires that invoices are clear and complete.

4.6 CERTIFICATES OF INSURANCE

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

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

The Certificates of Insurance listed in Section 23.0 State of Wisconsin Standard Terms and Conditions shall be provided as stated herein to:

Jerome Jansen Department of Administration Division of Facilities Development Services PO Box 7866 Madison, WI 53707-7866

4.7 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 mailto:DOADFMAccountsPayable@wisconsin.gov

Page 15 AD241037

State by providing at least thirty (30) calendar days’ notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days’ notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided.

The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 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)

• Becomes a federally debarred Contractor.

• Is excluded from federal procurement and non-procurement contracts.

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

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

Confidential Information, proprietary, or containing Personally Identifiable Information.

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

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 Cost Sheet Instructions

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

All costs for furnishing the services included in the Bid in accordance with the terms and conditions in this RFB shall be included.

Page 16 AD241037

The Contractor shall provide all labor, equipment, mileage, travel expenses, lodging, and material necessary to perform non-destructive eddy current tests on selected water chilling heat exchangers on chilled water systems located at various State Facilities. A count of tubes to be tested is included at the end of this specification. Bid shall be based on cost to perform all work at all sites. Tests shall be conducted on the specified list of equipment.

Maximum Reimbursement Rates for mileage, travel expenses and lodging to perform tests shall be reimbursed at the State rates as outlined in Attachment F: Pocket Travel Guide.

5.2 Requesting Cost Adjustments

Bid cost shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted.

Cost increase will not be permitted during the entire Contract period.

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

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

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

November 30, 2023 RFB Issued

December 12, 2023, 1:00 PM CT Questions Due

December 14, 2023 Estimated Date Responses to Questions Posted

December 21, 2023, 1:00 PM CT Bids Due from Bidders

December 21, 2023, 2:30 PM CT Virtual Bid Opening via Microsoft Teams meeting Join on your computer, mobile app, or room device.

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6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Specialist representative via the Wisconsin eSupplier Portal or via email at Heather.Strong1@wisconsin.gov. Bidder must include RFB # AD241037 on all email correspondence. Bidders are expected to raise any questions or clarifications concerning the RFB https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODIwODZiMDEtMDg2ZC00YjZkLWJkMzktMGYyNjFiMzA4M2Iz%40thread.v2/0?context=%7b%22Tid%22%3a%22f4e2d11c-fae4-453b-b6c0-2964663779aa%22%2c%22Oid%22%3a%227bb1d5f5-8437-431e-bce2-79927545d7ce%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=7bb1d5f5-8437-431e-bce2-79927545d7ce&tenantId=f4e2d11c-fae4-453b-b6c0-2964663779aa&threadId=19_meeting_ODIwODZiMDEtMDg2ZC00YjZkLWJkMzktMGYyNjFiMzA4M2Iz@thread.v2&messageId=0&language=en-US

Page 17 AD241037 document by December 12, 2023, 1:00 PM CT.

Any Bidder questions received will be documented and posted to the Supporting Documents in eSupplier as an amendment. 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 will be posted on the Wisconsin eSupplier Portal.

All contact or communication with any employee or officer of the State concerning this RFB, except Heather Strong is strictly prohibited during the period from the date this RFB is released until the date the Notice of Intent to Award is issued. Heather Strong may authorize in writing contact or communication with another State employee or officer as circumstances may dictate.

Bidders who hold a current contract with DOA, DFD may continue to communicate with DOA, DFD Contract Administrator regarding the performance of that current contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, DOA, DFD will provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodation is needed at a Bid opening or Bidders’ Conference, contact: Heather Strong, Heather.Strong1@wisconisin.gov, 608-261-8077.

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only vendors currently registered on the State’s eSupplier Portal (the State’s electronic purchasing information system) will receive official notices throughout the procurement process for this RFB.

Vendors that register on the Wisconsin eSupplier Portal after the posting of this RFB will 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=Logoc

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

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

6.5 SUBMITTING A BID

Bidders must respond to this RFB in either the Wisconsin eSupplier Portal or by providing a hard copy Bid.

Faxed and emailed Bids will not be accepted.

6.5.1 Wisconsin eSupplier Portal Submittal (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 mailto:Heather.Strong1@wisconisin.gov https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

Page 18 AD241037 responding electronically, do not submit a hard copy of any materials unless directed to do so elsewhere in the Bid document.

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 will not be received or reviewed.

Certain Requirements and qualifications will 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” will be checked and a supplemental document must be provided as an attachment to explain.

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

Bidders must 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 must consolidate the documents into a single file. Alternatively, the Bidder may upload one (1) 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.

6.5.2 Hard Copy Bid Submittal

Bidders still have the option to mail or otherwise provide a hard copy Bid when responding to this RFB.

The State strongly encourages electronic Bid submission (Section 6.5.1 Wisconsin eSupplier Portal Submittal) due to the potential decreased number of staff available to accept hand deliveries at State facilities or the potential for State building closures.

If submitting a hard copy Bid (instead of the electronic Bid option described above), Bidders must submit an original signed Bid, marked as stated below of all materials required for acceptance of their Bid by the deadline to:

Heather Strong, Procurement Specialist Wisconsin Department of Administration Consolidated Agency Purchasing Services 101 East Wilson Street, 6th Floor Madison, WI. 53703-3405

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All Bids must be received and time-stamped at the above location no later than December 21, 2023, 1:00 PM CT. 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

BIDDER ADDRESS

Commercial Eddy Current Testing Services

RFB# RD241037

12/12/2023 at 1:00 PM CT

6.5.3 Hand Delivered Bids

All responses must be received and time-stamped at the above location no later than December 21, 2023, at 1:00 PM CT. A Bid Box has been placed outside of 101 E. Wilson Street for the hard copy submittal of responses. This box is only opened at 1:00 PM CT on Tuesday, Wednesday, and Thursday.

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 will 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 as hard copy Bid response.

6.6 CONTENT OF BID RESPONSE

Bidders responding to this RFB must comply with the following format Requirements.

DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT

Bid Factors: Bidder must include the Attachment B - Bid Factors, included in this RFB. A response to each qualification and requirement listed must be clearly checked and/or submitted as applicable and the sheet signed.

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

Cost Information: Provide cost information on Attachment C - Cost Sheet, included in this RFB. All costs for furnishing the services included in the Bid in accordance with the terms and conditions in this RFB must be included. No alternate cost formats will be accepted. Alternate cost formats may eliminate consideration for this Bid.

RFB Experience Form Sheet: The Bidder shall include a completed copy of the RFB Experience Form Sheet (Attachment D), with the bid response.

Complete and Signed Bidder Required Form: Include a completed and signed Bidder Required Form DOA-3832 (Attachment E), with the Bid response. All sections of the form must be completed. Bids submitted in response to this RFB must be signed by the person in the Bidder'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.

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By submitting a signed Bid, the Bidder's signatories certify that in connection with this procurement: (a) the Bidder's organization or an agent of the Bidder'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 Bidder's organization or by any agent of the Bidder's organization and must 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 will be made by the Bidder's organization or by any agent of the Bidder'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 will govern this Bid and subsequent award. Bidders must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard Bidder 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 Bidder's Bid. 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.

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

6.7 INCURRING COSTS

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

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

A virtual public Bid opening shall be held on December 21, 2023, at 2:30 PM CT via a Microsoft Teams meeting. The names of all Bidders may be read aloud at that time.

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7.2 BID REVIEW

All Bids will be reviewed by DFD and the Procurement Specialist to ensure compliance with submittal requirements. DFD shall be the sole judge as to Bidders’ compliance with the Bid instructions.

At any time during this process, the State reserves the right to request and review additional information from Bidders.

7.3 BID ACCEPTANCE

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Page 21 AD241037

Bids that do not comply with Mandatory Bidder Qualifications and Mandatory Requirements shall be rejected. Bids that do not comply with Special Terms and Conditions of 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.

7.4 METHOD OF AWARD

The Bid Award shall be made based on the lowest cost, responsive, responsible Bidder. Costs 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, the Cost Per Tube shall prevail in award.

The Department of Administration DFD intends to award to one (1) Bidder judged to be in the best interest of the State. The State is the sole determinant of its best interests.

State of Wisconsin certified MBE and DVB Suppliers may receive up to a 5% preference on their Bid.

7.5 BIDDER REFERENCES

The Bid shall include Bidder references by completing Attachment E - Bidder Required Form (DOA-3832), listing three (3) companies with whom the Bidder has provided Eddy Current Testing services at Commercial Properties as required by this RFB. For each organization listed, the Bidder shall include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship.

DFD shall determine whether to contact references to assess the quality of the product or service. DFD may contact one (1) or more references that have been provided by the Bidder or other sources that may not have been named by the Bidder but can assist DFD in determining performance. DFD shall be the sole determinate as to whether the reference’s response is equivalent to the requirements and qualifications in the Bid.

If the reference’s response is not equivalent to the requirements and qualifications in the Bid, the Bid may be disqualified.

7.6 USE OF SUBCONTRACTORS

The Contractor shall be responsible for the Contract performance of its subcontractors. The Contract shall be between DFD and the awardee. The Contractor shall be responsible for its subcontractors’ performance of the pertinent contract obligations including related insurance requirements and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it shall provide if awarded the Contract. All subcontractors shall be approved in writing by DFD. Any proposed substitution of an approved subcontractor shall be submitted in writing to DFD thirty (30) days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify DFD may result in cancellation of the Contract without notice and without penalty to the State.

7.7 SUPPLIER DIVERSITY

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7.7.1 Minority-Owned Business Enterprise

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

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their contract(s) amount, and spend for each period to DFD.