REQUEST FOR BID

Chiller Maintenance Service and Repairs

Bid Number: AD251110 Issued Date: June 5th, 2025

Responses Due: Tuesday September 16th, 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

1.2.1 OVERVIEW OF BACKGROUND AND OBJECTIVES

1.3 CONTRACT TERM

1.3.1 TRANSITION RENEWAL PERIOD

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

2.1 BIDDER YEARS IN BUSINESS

2.2 WISCONSIN HVAC CONTRACTOR LICENSE

2.3 TECHNICIAN SKILL SETS

2.3.1 EDUCATIONAL TRAINING

2.3.2 JOURNEYMAN LEVEL EXPERIENCE

3 MANDATORY REQUIREMENTS OF BID

3.1 MANDATORY PRE-BID SITE VISITS

3.2 SAMPLES ANALYSIS & REPORTS

3.3 PERFORMANCE AND SUPPORT REQUIREMENTS

3.3.19 USE OF SUBCONTRACTOR(S)

3.4 SEASONAL MAINTENANCE TASKS

3.5 OTHER WORK

3.5.1 REPAIRS

3.6 GENERAL REQUIREMENTS

3.6.1 CONTRACT TERMINATION HISTORY

3.6.2 PAYMENT TERMS

3.6.3 INVOICING

3.6.4 OUT OF SCOPE

3.6.5 WARRANTY

3.6.6 DISSATISFACTION

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3.6.7 PROMPT PAYMENT

3.6.8 CERTIFICATES OF INSURANCE

3.6.9 EXECUTIVE ORDER 184

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 LIQUIDATED DAMAGES

4.3 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

5.2 REQUESTING COST ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN ESUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 ELECTRONIC BID SUBMITTAL (STRONGLY PREFERRED)

6.5.2 HARD COPY BID SUBMITTAL

6.6 CONTENT OF BID RESPONSE

6.7 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 SUPPLIER DIVERSITY

7.4.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.4.2 DISABLED VETERAN-OWNED BUSINESS

7.4.3 VETERAN-OWNED BUSINESS

7.4.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.5 DEBARMENT

7.6 AWARD NOTIFICATION

7.7 PROTESTS AND APPEALS PROCESS

7.7.1 PROTEST CONCERNING A SOLICITATION

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7.7.2 PROTEST CONCERNING THE INTENT TO AWARD(S)

7.7.3 APPEALS

8.0 REQUIRED FORMS

1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase. Reviewing this section must help determine the Bidder’s ability to meet the Department of Administration (DOA), Division of Facilities and Transportation Services (DFTS) needs.

1.1 DEFINITIONS

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

Agency:

An office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

AMP: Amperage which is the flow rate of electrical current that is available

As Needed/As Required: (As needed according to Manufacturer’s Guidelines)

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 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.

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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

CHW: Chilled Water

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 DOA 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(s):

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

Contractor Staff:

Any persons hired by or working for the Contractor including subcontractors (if applicable) to perform Services related to the RFB.

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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.

CPI-W: Consumer Price Index (https://www.ssa.gov/oact/STATS/cpiw.html)

CT: Central Time

DET: Division of Enterprise Technology, in the Wisconsin Department of Administration

DFTS: Division of Facilities and Transportation Services, in the Wisconsin Department of Administration

Disabled Veteran Owned Business (DVB):

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

DOA: Wisconsin Department of Administration

DSPS: Wisconsin Department of Safety and Professional Services

Facility Manager:

An employee of DFTS who is responsible for managing the maintenance and upkeep of each building

FOB: Free on Board

GPM: Gallons per Minute

HVAC: Heating, ventilation and air conditioning

Laborer: Performs basic yet important physical work tasks

Large Commercial HVAC Equipment:

Heating, ventilation, and air conditioning systems designed for use in large-scale commercial, industrial, or institutional buildings that require DSPS inspections and permits to operate.

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.

MM: Micrometers

Mechanic: A tradesman, craftsman, or technician who uses tools to build or repair machinery

Megger: To test wire insulation https://www.ssa.gov/oact/STATS/cpiw.html

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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.).

Notice of Intent to Award:

A writing issued by the Procurement Specialist notifying all Bidders of the Procuring Agency’s intent to award a Contract to the successful Bidder(s).

OHM:

A measure of electrical resistance which also measures the heat that is generated in a wire carrying a given current

OEM: Original Equipment Manufacturer

PIC: Product Integrated Control

PPM: Part Per Million

PM: Preventative Maintenance

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

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

Procuring Agency: Department of Administration, Division of Facilities Development and Management

PSIG: Pounds Per Square Inch Guage

Requirement:

A descriptive statement of the physical, functional, and performance characteristics of the Commodity or Service required by the Procuring Agency.

RFB: Request for Bid

Services or Contractual 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.

STAR PeopleSoft: Workforce management solution software used by the State of Wisconsin

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State: State of Wisconsin

State Holidays:

January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24, 25, and 31 (as observed).

Apprentice:

Generally a candidate that has been indentured, the apprenticeship then encompasses no less than four years of on-the-job training and approximately 1,000 hours of classroom instruction.

Steamfitter, Journeyman:

A journeyman is one who has completed an apprenticeship in heating, ventilation and air conditioning and passed the journeyman HVAC examination.

Subcontractor(s): See Section 3.3.19

Supplier: Bidder that has been awarded a Contract.

Technician, HVAC:

Skilled in journey level work required to install, modify, inspect, troubleshoot, repair and maintain commercial heating, ventilation, air-conditioning, refrigeration and equipment.

UL: Underwriter Laboratory

USPS: United States Postal Services

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 and Management (DFTS), requests Bids for the purchase of Chiller Maintenance and Repair Services for sixteen (16) DOA-owned or operated facilities (see Appendix 1 – Chiller Equipment Inventory for a full list of the facility, facility manager, address and each chiller’s make and model number). DFTS intends to use the results of this process to award Contract(s) for Services at each of the sixteen (16) DOA-owned or operated facilities. Bidders may Bid on one or more facility. Awards will be made on a per facility basis.

The awarded Contract(s) for Chiller Maintenance and Repair Services will establish a comprehensive Spring Start-up, Mid-Season Operational Inspection and Winter Shut Down/Annual Preventive Maintenance service program as per manufacturer’s recommended procedures for centrifugal, reciprocating, absorption, scroll and screw type chillers. Awarded Contract(s) will also cover as needed/requested repairs beyond the maintenance service program.

All State agencies, including University of Wisconsin campuses and facilities that are not included in in this RFB, may purchase from the Contract(s) resulting from this procurement. State agencies may be located within a single city or have remote locations statewide.

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This Bid requires that Bidders attend the Mandatory site visit for each State facility in order to submit a Bid (for that State facility). The dates for those site visits are August 4th – 8th, 2025. (See Appendix 2 – Mandatory Site Visits Schedule for dates, times and location addresses)

The State does not guarantee it will purchase any specific quantity or pay any minimum dollar amount during the term of the Contract(s). The State reserves the right not to request any Chiller Maintenance or Repair Services over the term of the Contract(s). Bids that require a minimum number of Services be ordered must be rejected. There must be no guarantee to purchase any specific quantity or pay any minimum contract cost during the term of the Contract. The State reserves the right to cancel this RFB for any reason prior to the issuance of the Notice of Intent to Award.

1.2.1 OVERVIEW OF BACKGROUND AND OBJECTIVES

Chiller Maintenance Services are represented in three (3) seasonal periods as per manufacturer’s recommended procedures: a comprehensive Spring Start-up, Mid-Season Operational Inspection, Winter Shut Down and an Annual Preventive Maintenance program. Each seasonal period’s work may require several visits to complete the work outlined in each period. Work Requirements for each of the three seasonal inspections are detailed in Appendices 3-9. All work must be done per the manufacturers’ guidelines and recommendations, as outlined in Owner’s Manual Appendices 10.1- 10.23.

Water treatment at chiller sites is performed by a water treatment firm and will be the responsibility of the State.

1.3 CONTRACT TERM

The Contract(s) will run for an initial three (3) - year period. DFTS and the Contractor, upon written mutual agreement, may renew the Contract(s) for up to an additional two (2), one (1) - year periods. The Contract(s) will be effective on the date they are executed by the DOA-DFTS. If no formal Contract(s) are executed, the effective date of the Contract(s) are the date of the purchase order(s).

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

1.3.1 TRANSITION RENEWAL PERIOD

The original Contract term or any renewal period may be extended at the State’s request on a month-to-month basis for a period not to exceed six (6) months for the purpose of completing a future solicitation or transition to new Contractor(s). Contract conditions, terms, and costs must not be modified during such a month-to-month extension, unless otherwise agreed to in writing by both parties.

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

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1.4 MODIFICATIONS OF CONTRACT

The Contract(s) must 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, be rendered in writing, and signed by both parties or they must be void.

DFTS reserves the right to negotiate with the Contractor the addition or reduction of sites, chillers and scheduled maintenance services in the Contract(s), if needed.

1.5 ORDER OF PRECEDENCE

In the event of Contract award(s), the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder(s) as accepted by DFTS, and any additional terms agreed to in writing by the parties will 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 conflict with the incorporated elements of the Contract(s), the following order of precedence will prevail:

• Final Signed Contract(s) with clarifications included

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order(s) 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 will be able to obtain the commodities and services procured under the Contract(s) at the same rates agreed to by DFTS and the Contractor(s). The Contractor(s) will be responsible for confirming the status of potential Municipalities with DFTS and providing appropriate documentation and support and reporting Contract(s) 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 Mandatory Bidder Requirements and qualifications must disqualify your Bid. All Requirements are defined as minimum Mandatory Requirements unless otherwise stated. Mandatory Bidder Requirements and qualifications must be met at no additional cost above the costs provided in the Bid.

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Before the award of any Contract, DFTS 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 DFTS with these Requirements and qualifications by submitting appropriate or supporting documentation.

Certain qualifications or Requirements may be presented as itemized questions that require an affirmative response stating that they will be met (e.g., "yes/no" prompt, dropdown menu, required attachment). Other Requirements may be presented in a grouped manner (e.g., "Does your company meet requirements 2.1-2.8?"). For any itemized or grouped requirements that you cannot meet, Bidders must check "no".

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

Bidder must use Attachment C - Response to Bid Qualifications and Requirements to respond to all qualifications and Requirements in Sections 2 and 3.

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.

2.1 BIDDER YEARS IN BUSINESS

Bidder must be in the business of providing Chiller Maintenance and Repair Services and must have been so for the past five (5) years.

2.2 WISCONSIN HVAC CONTRACTOR LICENSE

Bidder must have a valid HVAC Contractor License issued by the Wisconsin Department of Safety and Professional Services (DSPS). Proof of certification must be submitted with the Bid response.

https://dsps.wi.gov/Pages/Professions/HVACContractor/Default.aspx

2.3 TECHNICIAN SKILL SETS

2.3.1 EDUCATIONAL TRAINING

Contractor technicians must be skilled at Journeyman level which signifies successful completion of a recognized training program of four (4) to five (5) years consisting of formal classroom training combined with on-the-job training under the supervision of a journeyman level technician.

Bidder must submit copies (in Bid Factors) of certifications of training, educational classes, work experience, etc. for each Contractor Technician to substantiate their response to this Mandatory qualification.

https://dsps.wi.gov/Pages/Professions/HVACContractor/Default.aspx

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2.3.2 JOURNEYMAN LEVEL EXPERIENCE

Contractor technicians must have an additional five (5) years of work experience at a Journeyman level performing maintenance and repair tasks on Large Commercial HVAC Equipment. The experience may have been acquired during the Contractor technician’s training mentioned in RFB Section 2.3.1

EDUCATIONAL TRAINING.

Bidder must complete and submit (in Bid Factors) Attachment E - Journeyman Level Technical Experience Form to substantiate their response to this Mandatory qualification.

3 MANDATORY REQUIREMENTS OF BID

All Requirements in this section are Mandatory and must be met at no additional cost above the cost provided in the Bid.

3.1 MANDATORY PRE-BID SITE VISITS

Bidders must visit the job site(s) prior to submitting a Bid to assure themselves and DFTS that they understand the requirements of project(s). The Bidder must make no demands for additional service fees or cost increases due to lack of understanding of the Requirements, scope of work and specifications. All Bidders must attend the entire Mandatory pre-bid site visit(s) at each facility they intend to Bid, for their Bid to be considered for award. With their Bid response, the Bidder must include Attachment D - Certification of Site Visit(s) Form, signed by the designated DFTS representative and the Bidder representative present for each facility’s Mandatory Site Visit. DFTS representatives will not sign Attachment D for Bidders who do not attend the site’s entire tour. Bidders should bring a copy of the Attachment D - Certification of Site Visit(s) Form to each building’s Mandatory Site Visit that they attend for signature.

The Site Visit of the Executive Residence (99 Cambridge Road, Maple Bluff 53704 on August 4th, 2025 at 9:00 AM CT) has a pre-vetting requirement. To attend this Site Visit and be considered for award, Bidders must register in advance by submitting a photocopy of the attendee’s driver’s license at least 72 hours in advance of the site visit to Facility Manager Justin Duggan at justin.duggan@wisconsin.gov. For all other Facilities’ Mandatory Site Visits, registration is NOT required to attend.

Mandatory Site Visits will be held in accordance with Appendix 2 – Mandatory Site Visits Schedule which includes specific instructions that the Bidder must follow.

Bidders must attend the Mandatory Site Visit for each facility they intend to Bid on. If a Bidder fails to attend a Mandatory Site Visit, their Bid for the corresponding facility must be disqualified.

All questions should be sent in writing to Erin Schmitz (erin.schmitz@wisconsin.gov) and they will be addressed in an amendment posted to eSupplier (See Section 6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS). No questions will be answered during the Mandatory Site Visits.

mailto:justin.duggan@wisconsin.gov

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3.2 SAMPLES ANALYSIS & REPORTS

3.2.1 Contractor must collect a refrigerant sample for analysis from each machine after Spring Start-up or in the latter time period of the Mid-Season check (as directed in each chiller’s Seasonal Maintenance Tasks Appendix, Appendices 3-9).

3.2.1.1 Contractor must take oil samples in September or October; whichever is closer to the end of the cooling season operating cycle.

Multiple refrigerant circuits require multiple refrigerant and oil sampling/testing.

3.2.2 All analytical tests must be performed at the State’s designated testing laboratory (as directed in each chiller’s Seasonal Maintenance Tasks Appendix, Appendices 3-9).

3.2.2.1 Contractor must forward samples to pre-approved testing laboratory.

3.2.3 Contractor must submit a written annual report to the Facility Manager in person, no later than the end of the first week of December of the condition of each chiller and recommendations for any additional maintenance that may be required.

3.2.3.1 Annual report must include a summary of annual maintenance activities, oil and refrigeration analysis results, and vibration analysis results.

3.2.4 Contractor must provide the Facility Manager a Preventative Maintenance (PM) report for each of the three (3) seasonal period visits.

3.2.4.1 PM reports must include all data recorded during service, noting any abnormalities found regarding any of the machines along with recommendations for any repairs needed and/or upgrades.

3.2.4.2 PM reports must include a record of the work done identifying the unit(s) serviced, service performed, and part(s) repaired/replaced.

3.2.4.3 Contractor must obtain a signature from the Facility Manager or their designee on each record of work done, which is to be included with PM reports.

3.2.4.4 PM reports must be submitted to the Facility Manager or their designee either:

a) In person, at the conclusion of each service visit before leaving the facility (physical copy).

Or

b) Via email, within twenty-four (24) hours of each service (electronic copy).

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3.2.5 Contractor must submit marked-up chiller pictorials indicating location of chiller refrigerant leak(s) to DFTS via email.

3.2.5.1 For chillers that have multiple leaks, the Contractor must identify each leak by submitting a marked-up chiller pictorial, numbering each leak and providing a corresponding list that identifies each part and/or intuitive descriptive location.

3.3 PERFORMANCE AND SUPPORT REQUIREMENTS

3.3.1 Contractor must comply with all statutory rules and regulations. All applicable federal, state and local laws, licensing, rules and regulations governing this type of service must apply.

3.3.1.1 Contractor must perform all Services per OSHA and DSPS standards.

3.3.2 Contractor must be in compliance with all environmental regulations and to provide a safe and healthy workplace at all facilities. Environmental, health and safety concerns include preventing incidents that may harm the environment, accidental injury to employees or visitors, and/or exposure to harmful chemical or physical agents.

3.3.3 Contractor’s goals must include the elimination of accidents that cause property loss, environmental damages or result in the interruption of business.

3.3.4 Contractor must have available under their direct supervision, the necessary organization, experience, any special tools or equipment, the supervisory, technical and engineering assistance to fulfill all the conditions and Requirements under this RFB in the performance of the Contract(s).

3.3.5 Contractor must provide a company point of contact (including a name, business telephone number, cell phone number and an email address) to ensure effective communications with the DFTS Contract manager and the Facilities Managers at the time the Contract is signed.

3.3.6 Contractor must provide a Contractor phone number to contact in case of emergency outside normal business hours (Monday through Friday 7:00 AM to 5:00 PM).

3.3.7 Contractor must notify DFTS of any changes in the company point of contact within five (5) business days of the change.

3.3.8 Contractor must provide emergency services to perform repairs to the chillers any time of the day, 365 days per year.

3.3.9 Contractor must respond by phone within one (1) hour of notification and be on site within two

(2) hours of notification to attend to the respective equipment malfunction and/or failure.

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3.3.10 Contractor must be responsible for scheduling all planned maintenance services in advance of the start date of each service period with the respective Facility Manager.

3.3.11 Contractor must begin work in the first week of each period and continue until it is completed, unless otherwise agreed upon with the Facility Manager.

3.3.12 Contractor must perform Services during normal weekday hours (Monday through Friday 7:00 AM to 5:00 PM) excluding State Holidays. (No one except authorized employees of the Contractor are allowed on the premises of State facilities.)

3.3.13 Contractor must notify the Facility Manager regarding the repair or replacement of any worn parts found during any of the scheduled service periods or any other service calls to obtain approval to proceed with recommended repairs or replacements.

3.3.14 Contractor must bill DFTS for replacement parts at the Contractor’s cost, meaning no markup is allowed. DFTS reserves the right to request copies of invoices to verify cost-only pricing.

3.3.15 Contractor must be responsible for the replacement costs of lost refrigerant and/or repairs to equipment that is the direct or indirect result of Contractor’s failure to follow proper maintenance and operating procedures. (Loss of refrigerant does not include the minimum losses that are necessary to facilitate repairs.)

3.3.16 Contractor must be responsible for the removal and proper disposal of waste oil, refrigerant and any other material associated with the work performed.

3.3.17 Contractor will be notified by the respective Facility Manager in the event the Contractor’s work performance is unsatisfactory, and Contractor must correct the unsatisfactory work within four (4) hours at no cost to the State.

3.3.18 Contractor must utilize experienced technicians capable of all required services to the makes and models of chillers included in Appendix 1 - Chiller Equipment Inventory for the locations they are awarded.

3.3.19 USE OF SUBCONTRACTOR(S)

3.3.19.1 Contractor must be responsible for the Contract(s) performance of its subcontractor(s).

The Contract(s) will be between the DOA and the awardee.

3.3.19.2 Contractor must be responsible for its subcontractor(s) performance of the pertinent Contract(s) obligations including related Requirements, insurance Requirements, and applicable regulations.

3.3.19.3 Contractor must identify any potential subcontractor(s) it intends to use to provide Services if awarded the Contract(s) in an attachment as instructed in the Bid Factors for Section 3.3.19.

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3.3.19.4 DFTS retains the right to require the reassignment of the Contractor’s employees and their subcontractors (if applicable). Reasons for this request may be, but are not limited to:

incompetence, carelessness, disruptive or otherwise objectionable behavior.

3.3.19.5 Contractor must immediately transfer from the premises any employee whose actions or performance are objectionable to the DFTS.

3.3.19.6 A request by DFTS to transfer an employee must not constitute an order to discipline or discharge the employee.

3.3.19.7 All actions taken by the Contractor regarding employee discipline must be at the sole discretion of the Contractor.

3.3.19.8 DFTS must be held harmless in any disputes the Contractor may have with the Contractor's employees. This must include, but is not limited to, charges of discrimination, harassment, and discharge without just cause.

3.3.19.9 Contractor must obtain approval from the DFTS in writing for all subcontractor(s) and any proposed subcontractor substitutions prior to the start of their work. Contractor must submit any proposed substitution(s) of approved subcontractor(s) in writing to DFTS thirty (30) calendar 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 DFTS may result in cancellation of the Contract without notice and without penalty to the State.

For all subcontractor(s), Bidder must:

• Name the subcontractor(s)

• Explain its relationship with the subcontractor(s)

• Describe the role the subcontractor(s) will play

• Provide the name and a description of subcontractor(s) relevant qualifications and capabilities

3.4 SEASONAL MAINTENANCE TASKS

Contractor must perform all seasonal maintenance tasks for each chiller as outlined in:

• Appendix 3 – Carrier 19xl Centrifugal Chiller Seasonal Maintenance Tasks

• Appendix 4 – McQuay Centrifugal Chiller Seasonal Maintenance Tasks

• Appendix 5 – Packaged Reciprocating, Screw and Scroll Chillers Seasonal Maintenance Tasks

• Appendix 6 – Trane CVHE CVHF Centrifugal Chiller Seasonal Maintenance Tasks

• Appendix 7 – York Centrifugal Chiller Seasonal Maintenance Tasks

• Appendix 8 – York Y1 Absorbers Seasonal Maintenance Tasks

• Appendix 9 - York YT Centrifugal Chiller Seasonal Maintenance Tasks

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3.5 OTHER WORK

Contractor can be called to perform emergency or other chiller maintenance repair work under the terms of this Contract(s). These items (listed under Section 3.5.1 and on Attachment A – Cost Sheet, Section 2 Hourly Costs) may be ordered and purchased at DFTS's discretion. These features, while Mandatory Requirements of the system, may or may not be purchased in whole or in part. DFTS will notify the Contractor should DFTS choose to purchase any or all the following. Costs must be provided on the Attachment A – Cost Sheet, Section 2 Hourly Costs.

3.5.1 REPAIRS

This Contract(s) must include as-needed repairs, maintenance and parts to the chillers and associated cooling towers in addition to the periodic testing listed in Appendices 3-9. This service must be billed at an hourly rate determined by this Contract(s).

3.5.1.1 For purposes of this Requirement, repair service must be defined to include corrective work, including emergency work, needed to maintain proper operation of the equipment as required and/or recommended by the manufacturer or as ordered by the DFTS.

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

3.5.1.3 Contractor must furnish all materials and equipment required for these Services in accordance with industry standards.

3.5.1.4 All materials, replacement parts and equipment furnished by the Contractor must be accepted by the Facility Manager.

3.5.1.5 All Replacement parts must be:

• New, of high quality and condition.

• OEM (original equipment manufacturer) or its equivalent unless alternative is authorized by the Facility Manager or designee.

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

• If Underwriter Laboratory (UL) listed components, replaced with UL listed components to maintain the entire system’s UL rating.

• If no longer covered by the manufacturer's warranty, the State will not pay for replacement parts until they are successfully installed and tested. Test results must be submitted to the Facility Manager.

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

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3.6 GENERAL REQUIREMENTS

3.6.1 CONTRACT TERMINATION HISTORY

Bidder must indicate (in Bid Factors) if they have had a contract with the State or another governmental entity that was Terminated for Cause in the last five (5) years.

Termination for Cause is defined as having a contract cancelled for failure to perform the specifications of the contract after receiving a notice of Right to Cure from such entity. See Section 4.3 Cancellation and Termination.

DFTS will review the facts and may, at its sole discretion, reject the Bid on the grounds of the experience.

3.6.2 PAYMENT TERMS

Payment will not be made by the State until the services in this RFB are determined to meet all Requirements and deliverables and have been accepted by DFTS.

Any Contractor not already set up as a Supplier in the STAR PeopleSoft system are required to complete new Supplier paperwork before any payments can be issued. The awarded Bidder will be provided with information regarding new Supplier account set-up by the Procurement Manager or DFTS accounts payable department. As part of the account set-up, the awarded Bidder may elect to receive payments by check or Automated Clearing House (ACH). ACH payments are highly encouraged to cut down on handling and processing times.

Contractor may offer State agencies a percent discount for payments made ten (10) days after receipt of invoice. If the Contractor does not offer a percent discount terms, the Contractor will be paid thirty (30) calendar days from the date the invoice is received. DFTS must meet a statutory mandate to pay invoices within thirty (30) calendar days of receipt of invoice or services, whichever is later. Exemptions to the mandate are federally funded purchases and aids payments to individuals or organizations.

3.6.3 INVOICING

Contractor must invoice DFTS monthly for services rendered under the provisions of this Contract(s). DFTS verifies invoiced amounts are correct as per the Contract(s). Invoicing after each month’s service must be no later than the fifteenth (15th) of the month following the work period.

All Services must be itemized on the invoice. Only properly submitted invoices will be processed for payment. Prompt payment requires that invoices are clear and complete.

Invoices must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Charges in the same format as the terms of the contract

All invoices must be emailed to: DOADFMAccountsPayable@wisconsin.gov.

mailto:DOADFMAccountsPayable@wisconsin.gov

Page 19 AD251110

3.6.4 OUT OF SCOPE

The Contract is limited to the services listed in the Contract document or accompanying attachments or amendments. Items ordered not covered by this RFB will be considered out of scope. The Contractor must neither accept nor fulfill orders for items out of scope.

3.6.5 WARRANTY

All services provided under this Contract(s) must be performed in a professional manner. Workmanship must be warranted for one (1)-year from the date of service. Contractor must honor, at a minimum, the manufacturer’s standard warranty on all parts and materials purchased under this Contract(s) or for one (1)-year, whichever is longer. All parts and components determined to be defective within the warranty period must be repaired or replaced without any additional charges to the State.

3.6.6 DISSATISFACTION

If DFTS is dissatisfied with the quality of the Service, the DFTS will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the date identified in the notice, DFTS may withhold funds under this Contract, request reimbursement for the Service paid for but not delivered or withhold funds due from delivery under another Contract. Nothing set forth herein prevents or prohibits DFTS from pursuing other legal or equitable remedies.

3.6.7 PROMPT PAYMENT

If the invoice does not include one or more of the items listed in Section 3.6.3, DFTS may return the invoice and a form indicating the items to be corrected before the invoice must be considered “properly completed” and processed for payment.

In addition, as described on the Prompt Payment Law website, the Contractor must not add late fees, penalties, or other charges if the State has met the thirty (30) day payment requirement (which is based on the receipt of a properly completed invoice or receipt of the good/service). Invoices including these unallowable fees must be returned to the Contractor and must be corrected before the invoice may be considered “properly completed” and processed for payment.

3.6.8 CERTIFICATES OF INSURANCE

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

Page 20 AD251110

The policies and/or certificates must be submitted to the DFTS 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, the Contractor must immediately provide notice to the DFTS.

The following minimum insurance coverage and limits must be required in the Contract resulting from the Bid award:

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

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

2. Aggregate $2,000,000

E. Contractors Pollution Liability

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

2. Aggregate $2,000,000

Additional Insured: The Contractor 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 this section must be provided as stated herein to:

Wisconsin Department of Administration Attn: Emily Gorman 101 E Wilson Street, 7th Floor Madison, WI 53703

3.6.9 EXECUTIVE ORDER 184

As of January 11, 2023, per Executive Order 184, the following vendors and/or software are prohibited from being utilized in fulfillment of contracts with the State of Wisconsin. Contractor will not provide products or services nor establish a subcontractor relationship with the following companies:

a. TikTok

b. Huawei Technologies

Page 21 AD251110

c. ZTE Corp

d. Hytera Communications Corporation

e. Hangzhou Hikvision Digital Technology Company

f. Dahua Technology Company

g. Tencent Holdings, including but not limited to:

a. Tencent QQ

b. QQ Wallet

c. WeChat

h. Alibaba products, including but not limited to:

a. AliPay

b. Kaspersky Lab

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.

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 amendments to any of the terms and conditions may occur only if the change is in the best interest of the State.

4.1 BACKGROUND CHECKS

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

4.2 LIQUIDATED DAMAGES

In the event that the Contractor fails to deliver services in accordance with the terms and conditions of the Contract, DOA must 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 Contractor must pay to the DOA any difference between the Bid cost and the cost paid to the other contractor. The Contractor agrees DOA must have the right to liquidate such damages, through deduction from the Contractor’s invoices or by direct billing to the Contractor, in the amount equal to the damages incurred.

Page 22 AD251110

4.3 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this Contract(s) 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(s). The Contractor may terminate this Contract(s) 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(s).

Upon the termination of this Contract(s) for any reason, or upon Contract(s) expiration, each part 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.

TERMINATION FOR CONVENIENCE

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

CONTRACT CANCELLATION

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

• 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)

Page 23 AD251110

• 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(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 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

On Attachment A - Cost Sheet, Bidder(s) must enter their company name in the cell highlighted yellow.

Bidder(s) must complete Attachment A - Cost Sheet to submit their Total Cost, per facility.

Bidder must select either “YES” or “NO” from the drop-down menu in the “Submitting a Bid for this Building?” row/cell to indicate whether they intend to submit a Bid for each corresponding facility in Section 1. Bidder must submit Service costs for each season (Spring Start-up, Mid-Season Operations and Winter Shut Down) for all chiller Make and Model numbers at that facility, for each facility they selected “YES” under the “Submitting a Bid for this facility?” column in Section 1.

Total Cost for each facility will be auto calculated based on the sum of the Totals for that facility’s Spring Start-up, Mid-Season Operational and Winter Shut Down Service costs. Totals for each facility's Spring Start-up, Mid-Season Operational and Winter Shut Down are auto calculated based on the sum of the Service costs for each chiller Make and Model number in that facility per season. In the event of errors in calculation, the Service costs for each chiller Make and Model number shall prevail.

Failure to provide Service costs for each chiller Make and Model number, for each season, for each facility the Bidder selected “YES” under the “Submitting a Bid for this facility?” row/cell in Section 1, will result in the disqualification of the Bidder from that facility’s bidding pool. If the Cost Sheet received with the Bid Submittal lists any costs as N/A, or the cell is left blank, or similar, (regardless of whether the Bidder selected YES or NO in the “Submitting a Bid for this facility?” row/cell), the Bidder will not be considered for the corresponding facility’s Chiller Maintenance and Repair Services.

It is the sole responsibility of the Bidder(s) to ensure that all mathematical calculations are correct and Bid costs must take into consideration all inherent costs of providing the services described in the RFB.

Estimated costs are not acceptable. In the event of errors in calculation, the Service costs for each chiller Make and Model number shall prevail.

All costs for furnishing the Bid Services, in accordance with the terms and conditions of the RFB, must be included in Bid costs. Costs must be in U.S. dollars to two (2) decimal places unless otherwise indicated.

Only numerical values (i.e., 80) must be accepted. Anything other than a numerical value (i.e., N/A) may disqualify your Bid. Alternate cost formats must not be accepted and may result in disqualification of the Bid. Bidders must not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate

Page 24 AD251110 otherwise.

5.2 REQUESTING COST ADJUSTMENTS

5.2.1 Bid costs must remain firm for the initial Contract period, which will begin on the date that the Contract is fully executed.

5.2.2 Requests for cost increases must be provided by the Contractor, in writing, to DFTS ninety (90) days prior to the renewal period. Cost increase requests must be justified with supporting documentation of industry-wide increases. Cost increase requests must be mutually agreed upon between DFTS and the Contractor. If DFTS deems the cost increases are not acceptable, DFTS reserves the right to rebid the Contract in whole or in part.

An acceptance of the cost increase must be in the form of an amendment to the Contract.

Any cost decreases must be provided to DFTS within thirty (30) days of the effective date of the cost decrease.

5.2.3 The Contractor may utilize the CPI-W as documentation of an industrywide increase. The calculation of the CPI-W must be based on the previous calendar year US Department of Labor, Bureau of Labor Statistics, overall Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), Midwest Region, January data that is released in mid-February of the following year.

http://www.bls.gov/regions/mountain-plains/news-release/consumerpriceindex_midwest.htm

6 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 must be…