RFB AD251066 Propane Air System Testing.pdf

REQUEST FOR BID

Propane Air System Start Up Testing and Preventive

Maintenance Inspection Service

AD251066

Issued Date: June 11, 2024 Responses Due: July 10, 2024, 1:00 PM CT

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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 THE BID

3.1 General Mandatory Requirements

3.2 Prime Contractor Liability

3.3 Scheduling and Rescheduling Testing Services

3.4 Testing and Preventative Maintenance

3.5 Report Mandatory Requirements

3.6 Access to Secure Facilities

3.7 Fraternization/Agency Work Rules

3.8 Use of Subcontractors

3.9 Liquidated Damages

3.10 Certificates of Insurance

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 Background Checks

4.2 Tobacco-Free Environment

4.3 Payment Terms

4.4 Cancellation and Termination

4.4.1 TERMINATION FOR CAUSE

4.4.2 TERMINATION FOR CONVENIENCE

4.2.3 CONTRACT CANCELLATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 Cost Sheet Instructions

5.2 Requesting Cost Adjustments

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6 BID PROCEDURE AND INSTRUCTIONS

6.1 Calendar of Events

6.2 Questions, Clarifications and Correspondence

6.3 Reasonable Accommodations

6.4 Wisconsin eSupplier Portal Registration

6.5 Optional Pre-Bid Site Visit

6.6 Submitting a Bid

6.6.1 Electronic Bid Submittal (Strongly Preferred)

6.6.2 Hard Copy Bid Submittal

6.6.3 Hand Delivered Bids

6.7 Content of Bid Response

6.8 Incurring Costs

7 BID ACCEPTANCE AND AWARD

7.1 Bid Opening, Review and Acceptance

7.2 Method of Award

7.3 Bidder References

7.5 Supplier Diversity

7.5.1 Minority-Owned Business Enterprise

7.5.2 Disabled Veteran Owned Business

7.5.3 Veteran-Owned Business

7.5.4 Woman-Owned Business Enterprise

7.6 Award Notification

7.7 Protest and Appeals Process

7.7.1 Notices of Intent to Protest and Protests

7.7.2 Protest Concerning a Solicitation

7.7.3 Protest Concerning the Intent to Award a Contract

8 REQUIRED FORMS AND SUPPORTING DOCUMENTS

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1 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 State’s needs.

1.1 Definitions

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

ACH: Automated Clearing House

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-502 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

Contract(s):

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

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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(s) including but not limited to amendments, renewals, and termination

Contractor(s):

the person(s) or entities that has been awarded the Contract(s) as a result of this Bid, and who are 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

CT: Central Time

Day: Calendar Day unless otherwise indicated

DFD: Division of Facilities Development

DHS: Department of Health Services

Direct Costs:

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

DOC: Department of Corrections

DSPS: Department of Safety and Professional Services

FAQ: Frequently Asked Questions

Mandatory:

a Requirement labeled as such must be present in the Bid submission, exactly as stated, or the submission will not be considered by the State of Wisconsin. 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 Contract(s) (s.

16.70(8), Wis. Stats.)

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NFPA: National Fire Protection Association

NFPA 56:

this standard is the industry benchmark for helping safeguard personnel and facilities from risks of fire and explosions during pipe system maintenance.

NFPA 58:

this standard is the industry benchmark for safe liquefied petroleum gas storage, handling, transportation, and use, NFPA 58 mitigates risks and ensures safe installations, to prevent failures, leaks, and tampering that could lead to fires and explosions.

Notice of (Intent to) Award:

a writing issued by the Procurement Specialist notifying all Bidders of the DFTS’s intent to award of a Commodity Contract to the successful Bidder, or in the case of Services, the Procuring Agency’s intent to award a Contract to the successful Bidder

Procurement Specialist:

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

Procuring Agency:

the State Agency conducting the purchasing transactions.

Requirement:

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

Rescheduling:

a postponement, or delay of a scheduled testing without seven (7) calendar days’ notice.

Responsive:

a Bidder who has furnished information and data to prove that the financial resources, service, facilities, Employees, service reputation, and experience are adequate to make satisfactory delivery of such services and deliverables set forth in the RFB

RFB: Request for Bid

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

Supplier: bidder who has been awarded a Contract

USPS: United States Postal Service

VB: Veteran-Owned Business

WBE: Woman-Owned Business Enterprise

Wisconsin eSupplier Portal:

State of Wisconsin’s electronic purchasing information system

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1.2 Purpose and Scope of the Request for Bid

The Department of Administration (DOA), Consolidated Agency Purchasing Services (CAPS), acting on behalf of the Division of Facilities Development (DFD) requests Bids for Propane Air System Start Up Testing and Preventive Maintenance Inspection Service in accordance with National Fire Protection Association (NFPA) 56/58 at State owned facilities on an annual basis.

Fuels, water, and electric power required for the burner unit during startup, adjustment and operation will be furnished by the Owner. Bidder should review Appendix 1: Check List Report, and Appendix 2:

Propane System Information found in the Supporting Documents section of eSupplier to familiarize themselves with the requirements of this bid.

DOA, DFD intends to use the results of this process to award up to two (2) Contract(s). DOA does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum quantity of services to be ordered will be rejected. There will be no guarantee to purchase any specific quantity or pay any minimum Contract cost during the term of the Contract(s).

1.3 Contract Term

These Contract(s) will run for an initial three (3) year period. DOA and the Contractor(s), upon written mutual agreement, may renew the Contract for up to an additional two (2), one-year periods. The Contract(s) will be effective on the date they are executed by DOA. If no formal Contract(s) are executed, the effective date of the Contract(s) will be the date of the purchase order.

The RFB documents, the awarded Bidder’s response as accepted by DOA and any purchase order related to this RFB will become the Contract(s) between the parties unless separate Contract(s) are executed.

As required by Wisconsin Statutes, continuance of a Contract beyond the limits of funds available will be contingent upon appropriation of the necessary funds, and the termination of the Contract(s) due to lack of appropriations must be without penalty.

1.4 Modifications of Contract(s)

The Contract(s) will not be used for purchasing Commodities or Services outside of the general scope and intent of the original RFB. Any modifications made to the Contract(s) must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will 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 DOA, and any additional terms agreed to in writing by the parties must be incorporated into the Contract(s). Failure of the successful Bidder to accept these elements into the Contract(s) will result in the cancellation of the Contract(s) award.

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

• Final signed Contract(s) with clarifications included

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• Official purchase order

• Bid response as accepted by the State of Wisconsin

• Request for Bid

If the official purchase order serves as the final Contract(s), in the event of a conflict with the incorporated elements of the Contract(s), the following order of precedence will prevail:

• Official purchase order

• 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(s).

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(s) at the same rates agreed to by the DFTS and the Contractor(s). The Contractor(s) 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 and qualifications in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract(s), DOA must 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 DOA with these Requirements and qualifications by submitting appropriate or supporting documentation.

In the event that no single Bidder is able to meet an individual Mandatory Requirement or qualification, the State reserves the right to eliminate that individual Mandatory Requirement; in such case, the State will continue the review of Bids and to select the Bid that most closely meets the Requirements or qualification in this RFB.

2 MANDATORY BIDDER QUALIFICATIONS

All Bidder qualifications in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid. Bidder must use Attachment C Response to Bid Qualifications and Requirements to respond to this section.

2.1 Bidder attests that they are in the business of providing start up testing and preventive maintenance inspection services to propane air systems.

2.2 Bidder attests that they have been in the business of providing start up testing and preventive maintenance inspection services to propane air systems for the past three (3) years.

3 MANDATORY REQUIREMENTS OF THE BID

All Requirements in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid. Bidder must use Attachment C Response to Bid Qualifications and Requirements to

Page 9 AD251066 respond to this section.

3.1 General Mandatory Requirements

3.1.1 Contractor(s) must designate a point of contact for DFD to provide on-going communication, coordinate services, answer questions and expedite deliveries. Contractor(s) must provide contact name, telephone number, and email address.

3.1.2 Contractor(s) must provide, deliver to the jobsite, and operate, all materials and equipment needed to complete the work as described in this RFB. Equipment includes, but is not limited to, air monitors, gas analyzers, etc.

3.1.3 Contractor(s) must provide customer service, at a minimum, from 8:00 AM to 4:00 PM, Monday through Friday and on non-State Holidays.

3.1.4 Contractor(s) must provide an emergency point of contact(s) and their telephone numbers. The State must be able to reach these individuals twenty-four (24) hours a day in case of an emergency.

3.1.5 Contractor(s) must provide phone support and troubleshooting with a Contractor(s) certified technician in case of a system failure.

3.2 Prime Contractor(s) Liability

3.2.1 Contractor(s) must communicate or meet with DFD representative to discuss ordering, invoicing, contract updates, procedure updates or other contracting issues, as necessary.

3.2.2 Any issues which cannot be resolved between DFD and the Contractor(s) will be referred to the Contract Administrator. The Contract Administrator may inform the Contractor(s) in writing of the unresolved issues and the Contractor(s) must respond with proposed corrective actions. Contractor(s) must meet with the DOA Contract Administrator to discuss issues related to specific contract performance, as necessary.

3.2.3 Contractor(s) may request meetings with the DFD and/or DOA Contract Administrator to address unresolved contract issues.

3.3 Scheduling and Rescheduling Testing Services

3.3.1 Contractor(s) must coordinate the scheduling of the test and tuning with each Facility Contact (see Appendix 3, Facility Contact) and DFD, in writing, at least three (3) weeks prior to the service to allow staff time to prepare the air back-up system for the service which includes, but is not limited to the Building & Grounds Superintendent ensuring there is adequate load on the backup system and to prevent any disruption to the facility.

3.3.2 Contractor(s) must complete the test prior to December 30th of each year.

3.3.3 Contractor(s) must not invoice the State when cancellation is due to errors or omissions by the Contractor(s), the State will not pay for any Direct Costs incurred by the Contractor(s), in addition the cancellation may be cause for termination of the contract.

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3.3.4 When a testing service is cancelled by the State, the Contractor(s) may invoice the State for Direct Costs incurred for the set-up day and the inspection day. Cancellation billings must not exceed the Bid cost of the scheduled inspection.

3.3.5 If rescheduling occurs at the request of the State of Wisconsin such that a scheduled testing date on the Contractor(s) work schedule remains unfilled, the Contractor(s) may bill for Direct Costs associated with the rescheduling.

3.3.6 Contractor(s) must not invoice the State a rescheduling penalty when another testing site is substituted for the originally scheduled testing location.

3.3.7 If rescheduling occurs at the request of the Contractor(s), or due to errors or omissions by the Contractor(s), the Contractor(s) must not invoice the State for any Direct Costs incurred by the Contractor(s), in addition the rescheduling may be cause for termination of the Contract(s). Rescheduling billing must not exceed the bid cost of the schedule testing.

3.4 Testing and Preventative Maintenance

3.4.1 Contractor(s) must perform Propane Air Backup testing and tune up service tests annually in accordance with Department of Safety and Professional Services Chapter SPS 340, National Fire Protection Association (NFPA) 58, and NFPA 56 control and safety device testing for propane air backup system. See Appendix 1 – Check List Report.

3.4.2 Contractor(s) must make the results available to the DSPS inspector during propane tank inspections.

3.4.3 Contractor(s) must operationally test the propane-air back-up fuel system for a minimum of one hundred & twenty (120) minutes duration at a load of at least thirty percent (30%) of rated output capacity-preferably up to one hundred percent (100%) if feasible. During the testing, the following must be performed:

a) Startup testing of the standby system;

b) Review and testing of pressure settings;

c) Glycol condition and levels testing;

d) Review of storage tank system, piping, valves, vaporizer and mixing system components;

e) Review of operation and startup procedures.

3.4.5 Operational testing of the propane-air system must include awareness of the training level of all facility operators that may be called upon to make the fuel switch. All operators must be capable of switching to propane-air as the situation requires, and periodically demonstrate that ability to the Building & Grounds Superintendent during system work and upon completion3.4.

3.4.6 Contractor(s) must document safety training in changing fuels in the facility operator’s training record.

3.4.7 Contractor(s) must check all system linkages, ball joints, and assemblies for wear, clean of all burners and pilot assembly on vaporizers with the replacement of ignitor and thermocouple if needed, https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/326_360/340

Page 11 AD251066 and replace battery on direct fired units.

3.4.8 Contractor(s) must review maintenance plan which includes:

a) Storage tank system, piping, valves, vaporizer, compressor and mixing system components.

b) Operation and startup procedures.

c) Testing pressure settings

d) SPS 340 compliance

e) NFPA 58 compliance

f) Startup testing of the standby system

3.4.9 Contractor(s) must inspect all propane systems and must make recommendations for repairs and efficiency upgrades as necessary to meet current code and NFPA requirements with pricing.

3.4.10 An operational failure in the standby system operation (controls, compressor, vaporizer or mixing system components, valves, and pumps) must be immediately reported to the DFD representative. At the same time, the facility will be pursuing repair actions as appropriate to restore the intended equipment design and function.

3.4.11 Contractor(s) must provide complete propane adjustments, calibration, and testing. This includes calibration and testing equipment etc. required during adjustment, initial testing/operation. This includes checking the temperature control adjustment and verifying operation and/or maintenance and repair requirements of vaporizers.

Upon successful completion of all above specified field testing, Contractor(s) must provide electronic written instruction to facility contact on the safe and proper operation of the storage tank, vaporizer, compressor, and its operating controls.

3.5 Report Mandatory Requirements

3.5.1 Contractor(s) must provide via email, no later than two (2) weeks after performing service at each location, with digital copies of complete formal legibly written logs and reports for the Propane Air Backup System testing and inspection to the Facility Building & Grounds Superintendent and to the DFD representative.

The Propane Air Backup testing and tune up service technician shall complete Appendix 1 – Check List Report spreadsheet (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, David Bender (Phone #: 608-261-1008) on findings when testing is completed. Official confirmation of these conditions shall be contained in the written report.

3.5.2 Contractor(s) must include in the written report, at minimum, the following:

a) Test site identification information.

b) Propane tank number and facility location

c) Propane Tank Manufacturer serial and compressor & vaporizer model numbers.

d) A list of key personnel involved including the facility staff.

e) Recommendations for corrective action.

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f) Data collection table.

g) Test Summary sheet which includes results signed and dated by the field service representative who completed the work.

h) Written logs of all the calibration and testing of the wiring continuity, safety controls, vaporizer, compressor or mixing system controls, valves, & pumps, alarms, annunciators, and cutouts.

3.6 Access to Secure Facilities

Execution of these Contract(s) may require access/entrance into Department of Corrections (DOC) or Department of Health Service (DHS) secure facilities. All Contractor(s) staff may be required to submit to a criminal background check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following (but not limited to) will apply:

3.6.1 Contractor(s) staff must provide a valid Wisconsin or other State’s driver’s license when entering the facility.

3.6.2 Contractor(s) must allow all vehicles entering and leaving the facility to be searched, causing up to thirty (30) minutes delay each way. Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include, but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives, live animals, additional passengers, and weapons (including pocketknives, box cutters, and razor knives, unless a part of an inventoried toolbox.) In many locations, drivers must turn off vehicle motors and lock doors whenever their vehicle is unattended.

3.6.3 Contractor(s) must inventory toolboxes prior to arrival to facilitate security staff accounting. Items may be left with security; however illegal items may not be returned. Possession of contraband may be reported to local law enforcement. Contractor(s) staff may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

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

3.7 Fraternization/Agency Work Rules

All Contractor(s) working on-site are subject to the specific facility rules. A copy of these rules may be obtained by written request to the Facility Contact or Designee. The list of contacts will be provided with the Contract(s).

3.8 Use of Subcontractors

The Contractor(s) must be responsible for the contract performance of its subcontractors. The Contract(s) will be between DFD and the awarded Contractor(s). The Contractor(s) must be responsible for its subcontractors’ performance of the pertinent Contract(s) obligations including related requirements, insurance requirements and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide all or part of the product or service it shall provide if awarded the Contract. All subcontractors must be approved in writing by the DFD. Any proposed substitution of an approved subcontractor must be submitted in writing to the DFD thirty (30) days prior to implementation of the

Page 13 AD251066 substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the DFD may result in cancellation of the Contract(s) without notice and without penalty to the State.

3.9 Liquidated Damages

In the event that the Bidder fails to deliver Services in accordance with the terms and conditions of the Contract(s), the DOA will have the option to either terminate the Contract(s) or temporarily procure the service from another Contractor. If the Service is procured from another contractor, the Contractor(s) must pay to DOA any difference between the Bid cost and the cost paid to the other contractor.

In the event the Contractor(s) or subcontractors causes damage to the facility due to neglect, carelessness, or improper procedures while performing these Contract(s) work must be corrected at the Contractor(s) expense and to the satisfaction of the State and Facility. Damage includes, but is not limited to; existing equipment, buildings, grounds, and/or personal property of the State of Wisconsin, the Contractor(s) may be charged the full amount of costs to restore or repair the facility to original condition.

3.10 Certificates of Insurance

At the time the Notice of Intent to Award is issued, the awarded Contractor(s)or will be required to provide copies of applicable insurance certificates within fourteen (14) business days. DOA DFD will evaluate all insurance certificates for compliance. Should the appropriate Certificates of Insurance not be received within said time, DOA DFD reserves the right to cancel the awards or Contract(s) and make another award.

The policies and/or certificates must be submitted to the DOA DFD 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 these Contract(s) are modified or cancelled, the Contractor(s) must immediately provide notice to DOA DFD.

The following minimum insurance coverage and limits must be required in the Contract(s) resulting from the Bid awards:

A. Workers Compensation (WC) NO EXEMPTIONS Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

B. Commercial General Liability

1. General Aggregate including Products and Completed Operations $1,000,000

2. Each Occurrence $1,000,000 C. Automobile Liability Combined Single Limit $1,000,000 D. Professional Liability (Errors and Omissions)

1. $1,000,000 per occurrence or claim

2. $2,000,000 aggregate

For Services which include technology consultants, cloud based computing, data storage, payment processing, personal protected information, etc., Contractor(s) must maintain Cyber Insurance covering claims resulting from wrongful acts committed in the performance of, or failure to perform, all services

Page 14 AD251066 under the agreement, including, without limitation, claims, demand and any other payments related to electronic or physical security, breaches of confidentiality and invasion of or breaches of privacy.

This coverage is to include Internet Media Liability including cloud computing and mobile devices, for protection of private or Confidential Information whether electronic or non-electronic, network security and privacy; privacy against liability for system attacks, digital asset loss, denial or loss of service, introduction, implantation or spread of malicious software code, security breach, unauthorized access and use; including regulatory action expenses; and notification and credit monitoring expenses with at least the minimum limits listed below:

E. Information Security/Cyber Liability

1. Each Occurrence/Claim $3,000,000

2. Network Security $3,000,000

3. Breach Response/Notification Sublimit Minimum limit of 50% of policy aggregate

F. Contractor(s) Pollution Liability (with 1-year extended reporting period)

1. $1,000,000 per occurrence or claim

2. $2,000,000 aggregate If the scope of services in these Contract(s) require the disposal of any hazardous or non-hazardous materials from the facility, the site operator, upon request of the State, must furnish a certificate of insurance for Pollution Legal Liability (PLL) insurance with coverage for:

Pollution Legal Liability (PLL)

1. Per loss $2,000,000

2. Annual aggregate for disposal at non-hazardous treatment $4,000,000

Storage and disposal (TSDFs)

1. Per loss $4,000,000

2. Annual aggregate for disposal at hazardous (TSDFs) $8,000,000

Additional Insured: The Contractor(s) must add the “State of Wisconsin, its officers, employees, and agents” as an additional insured under the commercial general and automobile liability policies.

The Certificates of Insurance listed in Section 23.0 of the DOA-3054 Standard Terms and Conditions must be provided as stated herein to:

Department of Facilities Development Attn: Dave Bender PO Box 7866 Madison, WI. 53707-7866

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 must not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

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

4.1 Background Checks

Due to the nature of this solicitation, the DOA reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Commodity or Service, or if such conviction may adversely affect the Contractor(s) ability to perform under the resulting Contract(s). The State is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor(s) ability to meet contractual obligations and Requirements.

4.2 Tobacco-Free Environment

All State facilities are tobacco-free. Contractor(s) personnel must not use tobacco products on site.

4.3 Payment Terms

Payment will not be made until the Service is determined to meet all Requirements and deliverables and has been accepted by DOA.

The State reserves the right to audit any report submitted by the Contractor(s) for accuracy and to identify any cost discrepancy. If cost discrepancy is identified by the DOA Contract Manager, the Contractor(s) must issue credits within thirty (30) calendar days of notification of the discrepancy.

4.4 Cancellation and Termination

4.4.1 TERMINATION FOR CAUSE

The State may terminate these Contract(s) after providing the Contractor(s) with thirty (30) calendar days written notice of the Contractor(s) right to cure a failure of the Contractor(s) to perform under the terms of these Contract(s). The Contractor(s) may terminate these Contract(s) after providing the State with 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 these Contract(s).

Upon the termination of these Contract(s) for any reason, or upon Contract(s) expiration, each party will 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.

4.4.2 TERMINATION FOR CONVENIENCE

Either party may terminate these Contract(s) 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(s), and the Contractor(s) 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(s) will be entitled to receive compensation for any fees owed under the Contract(s). The Contractor(s) will also be compensated for partially

Page 16 AD251066 completed Services. In this event, compensation for such partially completed Services will 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(s).

Alternatively, at the sole discretion of the State, the Contractor(s) may be compensated for the actual Service hours provided. The State will 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(s) requesting the refund.

4.2.3 CONTRACT CANCELLATION

The State reserves the right to cancel these Contract(s) in whole or in part without penalty if the Contractor(s):

• Fails to perform any material obligation required under the Contract(s)

• 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 these Contract(s)

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

Confidential Information, proprietary, or containing Personally Identifiable Information

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

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 Cost Sheet Instructions

Bidders must complete and submit the Attachment A: Cost Sheet. Further instructions for entering Cost data are included on Attachment A: Cost Sheet.

Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise. Alternate cost formats will not be accepted and may result in disqualification of the Bid. Costs must be in U.S. dollars to two (2) decimal places unless otherwise indicated. Only numerical values (i.e.,

80) will be accepted. Anything other than a numerical value (i.e., N/A) may disqualify your Bid.

It is the sole responsibility of the Bidder to ensure that all mathematical calculations are correct and Bid

Page 17 AD251066 costs must take into consideration all inherent costs of providing the services or products described in the RFB. Estimated costs are not acceptable. In the event of errors in calculation, unit cost will prevail.

5.2 Requesting Cost Adjustments

Contractor(s) must hold the accepted costs for the initial Contract(s) period which will begin on the date that the Contract(s) are fully executed. DOA will review any adjustment of cost before the beginning of a Contract(s) renewal period. Requests for cost increases must be made by the Contractor(s), in writing, to DOA forty-five (45) days prior to the renewal period. Cost increase requests must be justified with supporting documentation of industry-wide increases. Any cost increase must be mutually agreed upon between DOA and the Contractor(s) before it takes effect.

Any cost decreases realized by the Contractor(s) are required to be passed to the DOA within thirty (30) days of the effective date of the cost decrease.

6 BID PROCEDURE AND INSTRUCTIONS

6.1 Calendar of Events

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

DATE EVENT

June 11, 2024, 2:00 PM CT Issue of the RFB

June 20 – 25, 2024 Optional Site Visit(s)

June 26, 2024, 1:00 PM CT Questions Due

July 1, 2024 Responses to Questions Posted (tentative)

July 10, 2024, 1:00 PM CT Bids Due from Bidders

July 10, 2024, 2:00 PM CT

Virtual Bid Opening via Microsoft Teams Join the meeting now Meeting ID: 237 167 083 703 Passcode: XaDHYy Need help?

See Section 7.1 Bid Opening, Review, and Acceptance

6.2 Questions, Clarifications and Correspondence

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 # AD251066 on all email correspondence. Bidders are expected to raise any questions or clarifications concerning the RFB document by June 26, 2024, by 1:00 PM CT.

Any Bidder questions received will be documented and posted to the Supporting Documents as an amendment. It is the Bidder’s responsibility to check the Wisconsin eSupplier Portal for any questions https://teams.microsoft.com/l/meetup-join/19%3ameeting_Y2ZmNWI3N2QtM2M5Mi00MjY0LWI1MmItNWIwZTY0NDE3MWFi%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://aka.ms/JoinTeamsMeeting?omkt=en-US

Page 18 AD251066 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 of Wisconsin 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 may continue to communicate with the DOA Contract Administrator regarding the performance of that current Contract(s) only.

6.3 Reasonable Accommodations

Upon request, DOA will provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed, please contact: Heather Strong, Heather.strong1@wisconsin.gov or 608-261-8077.

6.4 Wisconsin eSupplier Portal Registration

Only vendors currently registered on the State of Wisconsin’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=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 Optional Pre-Bid Site Visit

Bidders may attend an Optional Pre-Bid Site Visit prior to submitting a Bid to assure themselves and the DFD that they understand the Requirements of the RFB. The Bidder shall make no demands for additional service fees or cost increases due to the lack of understanding of the Requirements.

It is mandatory to send an email by Thursday, June 13, 2024, 2:00 PM CT to Heather.Strong1@wisconsin.gov to request a site visit, and the message must include the name(s) of attendees. A background check for some locations may be required. If the location you wish to view requires a site visit, you must request the Background Check form from Heather Strong and the form will be emailed to you. It is the Bidder’s responsibility to ensure that they complete and submit the form to give adequate time to have background checks completed by the State for all attendees prior to their https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx mailto:Heather.Strong1@wisconsin.gov

Page 19 AD251066

Optional Site Visit.

Only approved Bidders shall be able to attend a site visit.

No photographs are allowed at DOC Facilities.

Facility Name Location Is a Background Check Required to Enter Facility?

Sangor Powers CC N8375 County Line Road Oneida, WI.

Yes Background check form must be submitted a minimum of 7 days prior to site visit

Lincoln Hills School

W4380 Copper Lake Avenue, Irma, WI.

No

Stanley CI 100 Corrections Drive Stanley, WI.

No

Jackson CI N6500 Haipek Road Black River Falls, WI.

Yes Background check form must be submitted a minimum of 7 days prior to site visit

Fox Lake CI W1027 Lake Emily Rd. Fox Lake, WI.

Yes Background check form must be submitted a minimum of 7 days prior to site visit

Kettle Moraine CI W9071 Forest Drive Plymouth, WI.

Yes Background check form must be submitted a minimum of 7 days prior to site visit

Oshkosh CI 1730 W. Snell Road Oshkosh, WI.

Yes Background check form must be submitted a minimum of 7 days prior to site visit

Columbia CI 29258 Columbia Drive Portage, WI.

No

6.6 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.

6.6.1 Electronic Bid 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.

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

Page 20 AD251066 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.

6.6.2 Hard Copy Bid Submittal

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

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

All Bids must be received and time-stamped at the above location no later than July 10, 2024, at 1:00 PM CT. Bids not time-stamped will 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 must be sealed in a package, and clearly marked with the following information on the outside of the package:

BIDDER NAME

Page 21 AD251066

BIDDER ADDRESS

Propane Air System Start Up Testing and PM Inspection Services

AD251066

07/10/2024, 1:00 PM CT

6.6.3 Hand Delivered Bids

If Bidder desires to hand-deliver their Bid response, Bidder must notify Heather Strong in advance via email at Heather.Strong1@wisconsin.gov.

The Department of Administration, at 101 E. Wilson St. in Madison, has a security checkpoint at the first-floor lobby. All visitors will be required to provide current identification and sign in for a visitor’s pass.

Security personnel will call the intended Procurement Specialist prior to the visitor being allowed to proceed to their destination in the DOA building. This means Bidders must have the Procurement Specialist’s name to allow the security guard to place a call to the Procurement Specialist. The Bidder must allow ample time to clear security before reaching the Bureau of Procurement office to obtain the required Bid timestamp.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. The State has no liability for errors made in inputting any information into the eSupplier Portal submitted via hard copy RFB response.

6.7 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

Complete and Sign Bidder Required Form: Include a completed and signed Bidder Required Form DOA- 3832, 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.

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 awards. Bidders must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along mailto:Heather.Strong1@wisconsin.gov

Page 22 AD251066 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(s) when it is in the best interest of the State to do so.

Cost Information: Provide cost information on Attachment A - 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.