RFB Document.pdf
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- Attached to
- Water Treatment Service Program for Select Steam Heating and Cooling Systems for State Plants
- Contract number
- 505CAP-M24-AD241003-01
- Issued by
- Wisconsin
About this file
This is a Request for Bid (RFB AD241003) issued by the Wisconsin Department of Administration (DOA), Division of Facilities Development (DFD), through its Consolidated Agency Purchasing Services (CAPS) for water treatment services for select steam heating and cooling systems at state facilities, excluding the University of Wisconsin-Madison. The procurement is open to state agencies, University of Wisconsin campuses, and authorized municipalities through cooperative purchasing provisions. Bids are due July 23, 2024 at 1:00 PM CT, with the contract covering multiple state plants across Wisconsin as detailed in the appendices.
The contract seeks comprehensive water treatment services including chemical supply, testing, monitoring, and maintenance for steam boilers, condensate return systems, cooling towers, and closed-loop chilled water systems at state facilities. The initial contract term is three years with two optional one-year renewal periods. Award will be made to the lowest-cost responsive bidder meeting all mandatory qualifications, with certified Minority Business Enterprises (MBE) and Disabled Veteran-owned Businesses (DVB) eligible for up to 5% price preferences. Contractors must provide all chemicals, testing equipment (including colorimeters), routine service visits (12-24 times annually depending on the facility), annual inspections, laboratory analysis, emergency response, staff training, and online reporting portals. The contractor must guarantee total costs for each plant and system under specified operating conditions, with cost adjustments only permitted for makeup water quantity variations exceeding 5% of specified amounts. All services must be performed within the United States, and the contractor must maintain comprehensive insurance coverage and comply with Wisconsin's nondiscrimination and affirmative action requirements.
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REQUEST FOR BID
Water Treatment Service Program for Select Steam Heating and Cooling Systems for State Plants, excluding UW-Madison
Number: AD241003
Issued Date: 5/31/2024
Responses Due: 7/23/2024 1:00 PM CT
Water Treatment Service Program
Page 2 AD241003
1 INTRODUCTION AND PURPOSE
1.1 DEFINITIONS
1.2 PURPOSE AND SCOPE OF THE RFB
1.2.1 OPTIONAL SITE VISIT
1.3 CONTRACT TERM
1.3.1 TRANSITION EXTENSION 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 PROFESSIONAL QUALIFICATIONS
2.1.1 BONDED AND LICENSED
2.1.2 EMPLOYEES OF BIDDER
2.1.3 BIDDER INCORPORATION/ORGANIZATION
2.2 BIDDER EXPERIENCE
2.2.1 SATURATED STEAM
2.2.2 SUPEHEATED STEAM
2.2.3 CENTALIZED CHILLED WATER
2.2.4 COOLING TOWER
2.2.5 LARGE THERMAL ENERGY STORAGE SYSTEM
2.3 SERVICE REPRESENTATIVE(S) REQUIREMENTS
2.3.1 SERVICE REPRESENTATIVE(S) EDUCATION/CERTIFICATION
2.3.2 DRIVING DISTANCE
2.3.3 SPECIALIZED TRAINING
2.4 CHEMICAL TESTING PROGRAM PRODUCTS/EQUIPMENT
2.5 REPORT EXAMPLES
2.6 PREVIOUS SUSPENSIONS OR REVOCATIONS
3 MANDATORY REQUIREMENTS OF BID
3.1 ROUTINE SERVICE
3.1.1 ADVANCE SERVICE SCHEDULE
3.1.2 TIMES PER YEAR
3.2 ON-SITE TESTING AND ANALYSIS: HEATING AND COOLING WATER TREATMENT SYSTEMS
3.2.1 HEATING SYSTEM WATER TREATMENT TESTING AND REPORT
Page 3 AD241003
3.2.2 COOLING SYSTEM WATER TREATMENT TESTING AND REPORT
3.2.3 TESTING AND REPORTING DEADLINE
3.2.4 OFF-LINE FOR SEASON
3.3 ANNUAL INSPECTIONS
3.3.1 PHOTOGRAPHS/VIDEOS
3.3.2 HEATING SYSTEM
3.3.3 COOLING SYSTEM
3.4 TECHNICAL REQUIREMENTS
3.4.1 PRODUCT APPLICATION
3.4.1.1 WATER CONDITIONS
3.4.1.2 STRICT INSTRUCTIONS
3.4.1.3 CORROSION COUPON MONITORING
3.4.2 CHEMICALS/PRODUCTS/EQUIPMENT DETAILS
3.4.2.1 EQUIPMENT PROVIDED BY CONTRACTOR
3.4.2.2 HEATING SYSTEM CHEMICALS
3.4.2.3 RESIN CLEANER
3.4.2.4 BOILER INTERNAL CHEMICALS (Solubilizing technology)
3.4.2.4.1 TYPES OF CHEMICALS
3.4.2.4.2 CHEMICALS PROHIBITED
3.4.2.5 CONDENSATE SYSTEM – Return (Condensate) System
3.4.2.5.1 NEUTRALIZING:
3.4.2.6 COOLING SYSTEM CHEMICALS
3.4.2.7 PRODUCT TYPES
3.4.2.8 TOWER WATER
3.4.2.8.1 COOLING TOWER PROGRAM
3.4.2.8.2 TREATMENT PROGRAM
3.4.2.8.3 FREE HALOGEN
3.4.2.8.4 MICROBIOLOGICAL
3.4.2.8.5 DIP SLIDES
3.4.2.8.6 TOWER WATER LAY-UP
3.4.2.9 CHILLED WATER
3.4.2.9.1 FERROUS AND NON-FERROUS
3.4.2.9.2 BIOCIDE
3.4.2.9.3 SLIME FORMING BACTERIA (SLYM)
3.5 EQUIPMENT, CHEMICALS/PRODUCTS, INVENTORY
3.5.1 DAMAGED EQUIPMENT
3.5.2 NEW/DISCONTINUED CHEMICALS/PRODUCT
3.5.3 REPLACEMENT FOR DISCONTINUED CHEMICALS/PRODUCTS
3.5.3.1 ADDITIONAL CHEMICALS OR PRODUCTS
3.5.3.2 DISCONTINUE PROPOSALS
3.5.4 RETURN OF UNUSED/UNOPENED CHEMICALS
3.5.5 INVENTORY – ON-SITE
3.5.6 WARRANTY
3.6 DELIVERY, DUPLICATES, RETURNS, DAMAGES
3.6.1 DELIVERY REQUIREMENTS
3.6.2 DELIVERY, STORAGE, AND HANDLING
3.6.2.1 IDENTIFICATION OF PRODUCT
3.6.2.2 PROTECTION
Page 4 AD241003
3.6.2.3 DELIVERY COORDINATION
3.6.2.4 SPILLS
3.6.3 DUPLICATES AND OVER SHIPMENTS
3.6.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS
3.6.4.1 CREDIT
3.6.4.2 RE-STOCK FEE
3.7 SAFETY
3.7.1 SAFETY DATA SHEETS (SDS)
3.7.1.1 INITIAL OR UPDATED SDS
3.7.1.2 PROVIDED TO/CONTACT LIST
3.7.2 MANUFACTURER'S NAME
3.7.2.1 SUBSTITUTIONS NOT BEING ALLOWED
3.7.3 SAFETY AND CLEANLINESS
3.7.3.1 MANUALS/INSTRUCTIONS
3.7.3.2 WARNINGS/SAFETY PRECAUTIONS
3.7.4 WORK QUALITY AND COMPLIANCE
3.7.5 CLEANUP COSTS AND REPAIRS
3.7.6 CHEMICAL SPILL
3.8 REPORTING
3.8.1 SITE VISIT/SERVICE REPORT
3.8.2 LOG SHEETS
3.8.3 ANNUAL LABORATORY ANALYSIS
3.8.3.1 SAMPLE CONTAINERS
3.8.4 RECOMMENDATIONS
3.8.5 RECORDS RETENTION
3.9 LABORATORY SERVICES AND PROBLEM SOLVING
3.9.1 IN-HOUSE OR CONTRACTED LABORATORY
3.9.1.1 WRITTEN ANALYSIS
3.9.2 PROBLEM SOLVING
3.9.3 STATE INDEPENDENT ANALYSIS
3.10 SUPPORT REQUIREMENTS
3.10.1 CONTACT INFORMATION
3.10.2 DESIGNATED ACCOUNT MANAGER
3.10.3 CUSTOMER SERVICE
3.10.4 EMERGENCY RESPONSE/CONTACT
3.10.5 CONTRACTOR TRAINING – OFF-SITE AND ON-SITE
3.10.5.1 TRAINING MODULES
3.10.5.2 VIDEO/POWER POINT PRESENTATION
3.10.5.3 ON-SITE TRAINING PERSONNEL
3.10.5.4 OFF-SITE TRAINING
3.10.6 CONTRACTOR EMPLOYEES
3.10.6.1 APPEARANCE/SAFETY EQUIPMENT
3.10.6.2 REPRESENTATION
3.10.6.3 FLUENT IN ENGLISH
3.10.6.4 SAFETY AND HEALTH POLICY
3.10.6.5 AGE LIMITATION
3.11 PAYMENT AND INVOICING
Page 5 AD241003
3.11.1 PAYMENT TERMS
3.11.2 INVOICING
3.11.2.1 INVOICE DETAILS
3.11.2.2 OUT OF SCOPE
3.11.2.3 DISSATISFACTION
3.11.2.4 PROMPT PAYMENT
3.11.3 EXPERT TESTIMONY
3.12 PLANT RULES/ACCESS
3.12.1 FRATERNIZATION/AGENCY WORK RULES
3.12.2 TOBACCO-FREE ENVIRONMENT
3.12.3 ACCESS TO SECURE PLANTS
3.13 CERTIFICATE OF INSURANCE
3.14 DATA AND USERNAME/PASSWORD SECURITY CONDITIONS
3.14.1 DISCLOSURE OF DOA DFD DATA
3.14.2 USE OF, STORAGE OF, OR ACCESS TO: DOA DFD DATA OR SYSTEMS
3.14.3 SAFEGUARDING DOA DFD DATA AND SYSTEM USERNAMES/PASSWORDS
3.14.4 UNAUTHORIZED USE OR ACCESS
3.15 SERVICES PERFORMED WITHIN THE U.S
4 SPECIAL TERMS AND CONDITIONS OF BID
4.1 ORDERS
4.2 BACKGROUND CHECKS
4.3 LIQUIDATED DAMAGES
4.4 CONTRACT AUDIT REQUIREMENTS
4.5 CONTRACT CANCELLATION AND TERMINATION
4.6 NONDISCRIMINATION AND AFFIRMATIVE ACTION
5 COST STRUCTURE AND COST SHEET INSTRUCTIONS
5.1 METHOD OF BID
5.2 COST SHEET INSTRUCTIONS
5.3 FOB DESTINATION, FREIGHT PREPAID, AND ALLOWED/INSTALLED
5.4 REQUESTING COST ADJUSTMENTS
5.5 TOTAL COST GUARANTEE
6 BID PROCEDURE AND INSTRUCTIONS
Page 6 AD241003
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 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED)
6.5.2 HARD COPY BID SUBMITTAL (BID BOX AND HAND DELIVERED BIDS)
6.5.3 FORMAT OF BID RESPONSE
6.6 INCURRING COSTS
7 BID ACCEPTANCE AND AWARD
7.1 BID OPENING, REVIEW, AND ACCEPTANCE
7.2 METHOD OF AWARD
7.3 BIDDER REFERENCES
7.4 USE OF SUBCONTRACTORS
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 PROTEST CONCERNING A SOLICITATION
7.7.2 PROTEST CONCERNING THE INTENT TO AWARD
7.7.3 APPEALS
8 REQUIRED FORMS AND SUPPORTING DOCUMENTS
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 assist the Bidder’s ability to meet the Department of Administration (DOA), Division of Facilities Development (DFD) needs.
1.1 DEFINITIONS
For the purposes of this Request for Bid (RFB) and resulting Contract, the following definitions of terms will apply, unless otherwise indicated.
Page 7 AD241003
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.
APB: Acid Producing Bacteria
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.
AWT: Association of Water Technologies, Inc. – https://www.awt.org
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 cl/ml: centiliters/milliliter
Colorimeter:
a light-sensing instrument that measures how light is absorbed and transmitted as it moves through a liquid sample.
Colorimeters follow the principles of the Beer-Lambert Law (Beer’s Law), which is the linear relationship between absorbance and concentration.
To analyze a specific analyte in a liquid sample, color-forming reagents are added. The color reaction is proportional to the concentration of the analyte.
High concentrations will absorb more of the light than a solution with a diluted concentration.
https://www.awt.org/
Page 8 AD241003
Commodity:
a tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.
Contract:
the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.
Contract Administrator:
the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.
Contract Manager:
the employee of an Agency responsible for 1) resolving contractual matters which cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.
Contractor:
the person or entity which 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-DFD.
Contractual Services or Services:
an intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.
Cooperative Purchasing:
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
CT: Central Time
CWT:
Certified Water Technologist – Certification for Water Treatment Professional includes requirements for education, passing certification test and other requirements. Certification must be maintained by further education and requirement.
https://www.awt.org/certification/.
CY: Calendar Year
Dedicated Account Manager:
a single point of contact who is knowledgeable in all aspects of the Contract with the State and provides customer support, technical assistance, and general relationship management.
Designee: person authorized by the Plant in place of the Plant superintendent’s absence
Disabled Veteran Owned Business
(DVB):
a business that has been certified by the Department of Administration under §16.283, Wis. Stats.
DFD: Division of Facilities Development DOA: Department of Administration F: Fahrenheit FAQ: Frequently Asked Questions https://www.awt.org/certification/
Page 9 AD241003
FDA: Food and Drug Administration FOB: Free on Board F.W.: feed water gals: gallons hr: hours IRB: Iron Related Bacteria lbs: pounds
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.
May: indicates something not mandatory but permissible.
MIC: Microbiologically Induced Corrosion mils: one thousandth of an inch
Minority Business Enterprise (MBE): a business that has been certified by the Department of Administration under §16.287, Wis. Stats.
MMlbs: Million pounds
M.U.: Make-up water, which is the water added to plant processes to compensate for losses.
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 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.
OSHA: Occupational Safety and Health Administration ppm: Parts Per Million
Plant(s):
selective steam boiler and steam distribution system(s), chiller cooling tower(s), and chilled water distribution system(s) within the state of Wisconsin covered by this RFB.
Procurement Specialist: the individual responsible for overseeing and administering the procurement process for a Bid.
Procuring Agency: the State Agency conducting the purchasing transactions.
psig: pounds per square inch gauge
Requirement:
a descriptive statement of the physical, functional, and performance characteristics of the Commodity or Service required by the Procuring Agency.
Page 10 AD241003
Responsive:
a Bidder who has furnished information and data to prove the financial resources, service, Plants, 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 R.O.: Reverse osmosis
Safety Data Sheets (SDS): written or printed material concerning a hazardous chemical which is prepared in accordance with 29 CFR 1910.1200(g)
SLYM: Slime Forming Bacteria SBOP: State Bureau of Procurement SOP: Standard Operating Procedures sq ft: Square feet SRB: Sulfate Reducing Bacteria 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).
Supplier: bidder who has been awarded a Contract.
System: Heating or Cooling as applicable to Plant T.S.: Total solids TTPC: Tetradecylbributyl Phosphonium Chloride umhos: micromhos per centimeter USPS: United States Postal Service VB: Veteran-Owned Businesses WBE: Woman-Owned Business Enterprise Wisconsin eSupplier Portal: State of Wisconsin’s electronic purchasing information system
1.2 PURPOSE AND SCOPE OF THE RFB
The State of Wisconsin, Department of Administration (DOA), through its Consolidated Agency Purchasing Services (CAPS), on behalf of the Division of Facilities Development (DFD), requests Bids for the purchase of Water Treatment Service Program for Select Steam Heating and Cooling Systems for state Plants excluding the University of Wisconsin-Madison (UW-Madison) and intends to use the results of this process to award a Contract.
The Plants included in this RFB are identified in Appendix 1 – Abbreviation, Plant, City, Systems. The type of system, water treatment, and delivery point varies and is specific to each Plant. Plants may be added or removed at any time during the Contract period.
Appendix 2 – Specification and Operating Conditions describes each Plants heating and cooling system and Appendix 3 – Water Reports combined is a water report for each plant. Appendix 2 and Appendix 3 are resources required to complete Attachment A – Cost Sheet.
Page 11 AD241003
Not part of this RFB:
• UW-Madison which is covered under contract 505ENT-M20-UWWTRTMNT-00
Plants may manage their own heating and/or cooling system. Below are the systems not included in this RFB.
• Heating systems:
o Central Wisconsin Center (CWC) o Dodge Correctional Institution (DCI) o Tommy G Thompson Center (TGTC) o UW-Whitewater (UWW)
• Cooling systems:
o Green Bay Correctional Institution (GBCI) o Northern Wisconsin Center (NWC) o Oakhill Correctional Institution (OCI) o Prairie du Chien (PDCI) o Taycheedah Correctional Institution (TCI) o UW-Eau Claire (UWEC) o UW-La Crosse (UWLC) o UW-Platteville (UWPL) o UW-River Falls (UWRF) o UW-Stevens Point (UWSP) o UW-Stout (UWST) o UW-Superior (UWSU) o Winnebago Mental Health Institution (WMHI) o Wisconsin School for the Deaf (WSD)
Any Plant(s) heating and cooling system(s) not included in this RFB or covered under the Contract are the responsibility of the Plant(s) where these system(s) are located. Costs for systems not included in this RFB or Contract must be determined on their own.
This bid will be awarded by the entire state minus UW-Madison and the list of heating and cooling system Plants as outlined in Appendix 1 – Abbreviation, Plant, City, Systems.
Contractor must provide water treatment services for steam boilers and steam distribution systems, condensate return systems, cooling towers, and closed loop chilled water systems for the state of Wisconsin Plants.
The objective is to reduce heating and cooling system degradation, maintain system reliability, and reduce energy costs.
Contractor must supply the following:
Page 12 AD241003
1. Labor for assistance with instruction/training/supervision on how to properly add chemicals.
2. Laboratory/test equipment, to include, but not limited to, chemical tracers, feeding equipment for chemicals (if required), testing strips, special types of feeders, meters or equivalent, and corrosion coupons.
3. Troubleshooting/problem solving of all systems.
Contractor must provide technical services on how to treat, provide prevention/protection, control, and produce clean heat transfer surfaces. The Contractor must verify corrosion rates as determined by corrosion coupons. The causes of corrosion may be, but not limited to, water properties, sediment, fungus, algae, bacteria, scale, and rust.
The State does not guarantee it will purchase any specific quantity or dollar amount. Bids requiring a minimum number of commodities or services to be ordered will be rejected. There will be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract.
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.
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 OPTIONAL SITE VISIT
Bidders may participate in an optional site visit for any of the Plants prior to submitting a Bid to assure themselves they understand the Requirements of the RFB. The Bidder must make no demands for additional service fees or cost increases due to the lack of understanding of the Requirements.
Bidders are prohibited from taking water samples at the optional site visits. Costs must be determined based on the given examples found in Appendix 3 – Water Reports.
Bidders are advised to review the delivery requirements during the optional site visit and make notes for any recommendations. These recommendations will be discussed during contract negotiations.
It is mandatory for Bidders to contact Stella Ness via email at stella.ness2@wisconsin.gov by Friday, June 6, 2024 before 3:00 PM CT stating your interest in visiting a Plant. A site visit schedule will be determined, and visits be held on business days between June 17, 2024 and June 26, 2024 between 9:00 AM CT through 3:00 PM CT. The site visit schedule will be available on eSupplier under Supporting Documents.
Only approved Bidders will be able to attend the optional site visit since approval of a background check may be required for some Plants. DO NOT contact the individual Plant superintendent or Designee regarding the site visits.
mailto:stella.ness2@wisconsin.gov
Page 13 AD241003
1.3 CONTRACT TERM
This Contract will run for an initial three (3) year period. DOA DFD and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1)- year renewal periods. The Contract must be effective on the date it is executed by DOA DFD. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.
The RFB documents, the awarded Bidder’s response as accepted by DOA DFD, and any purchase order (PO) related to this RFB will become the Contract between the parties unless a separate Contract is executed.
1.3.1 TRANSITION EXTENSION PERIOD
DOA DFD may request an extension of this Contract on a month-to-month basis for no more than one
(1) year after the original Contract term. Extension terms are not automatic and will only be executed by mutual agreement of both parties (DOA DFD and the awarded Contractor) when circumstances beyond DOA DFD’s control delay the award or start-up of a new Contract. The terms and conditions of the current Contract will apply to the transitional extension period, but cost may be negotiated as necessary.
If the incumbent Contractor is not awarded the next Contract, they are expected to work with DOA DFD and the new Contractor to ensure a smooth transition which includes the removal of all unopened chemicals. Failure to work cooperatively with DOA DFD may jeopardize the incumbent’s ability to participate in future solicitations.
1.4 MODIFICATIONS OF CONTRACT
The Contract 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 must fall within the scope of the Bid, be rendered in writing, and signed by both parties or they must be void. The Contract will be effective on the date it is executed by DOA DFD.
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 DFD, and any additional terms agreed to in writing by the parties must be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.
In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:
• Final Signed Contract with clarifications included
• Official purchase order (PO)
• Bid Response as accepted by the State of Wisconsin
• Request for Bid
If the official purchase order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:
Page 14 AD241003
• Official purchase order (PO)
• Bid Response as accepted by the State of Wisconsin
• Request for Bid
1.6 COOPERATIVE PURCHASING SERVICES
Commodities (i.e., chemicals) and Services may be made available to Municipalities and other State agencies upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor, Municipalities, and other State agencies will be able to obtain the Commodities and Services procured under the Contract at the same rates agreed to by DOA DFD and the Contractor. The Contractor will be responsible for confirming the status of potential Municipalities and State agencies with DOA DFD and providing appropriate documentation and support and reporting Contract usage by Municipalities and other State agencies.
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, DOA DFD 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 DFD with these Requirements and qualifications by submitting appropriate or supporting documentation.
If 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 will continue the review of Bids and to select the Bid most closely meeting the Requirements and qualification specified 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.
The Bidder and any employee(s) of the Bidder performing water treatment program services under this Contract must maintain the requirements as outlined below in Sections 2.1, 2.2, 2.3, 2.4, and 2.5 and all subsections of Sections 2.1, 2.2, and 2.3 throughout the term of the Contract.
2.1 PROFESSIONAL QUALIFICATIONS
2.1.1 BONDED AND LICENSED
Bidder attests they are bonded and licensed in the state of Wisconsin.
2.1.2 EMPLOYEES OF BIDDER
Bidder attests performance of all specified service work will be conducted using properly trained, skilled, bonded, and licensed individuals employed by the Bidder.
2.1.3 BIDDER INCORPORATION/ORGANIZATION
Bidder attests the date of incorporation/organization is at least five (5) years before the date of release of this RFB.
Page 15 AD241003
2.2 BIDDER EXPERIENCE
Bidder attests they are currently engaged in the business of providing a water treatment program service for heating and cooling systems and have done so for a minimum of five (5) years.
2.2.1 SATURATED STEAM
Bidder attests they are currently servicing or have serviced two (2) Plants in states operating central power Plants which are operated at or above 75 psig (pounds per square inch gauge) pressure saturated steam of the following systems:
• Zeolite softener/Dealkalizer/Reverse Osmosis
• Gas fired boiler system
• Gas/Oil fired boiler systems (fire tube and/or water tube)
2.2.2 SUPEHEATED STEAM
Bidder attests they have serviced a central Plant operated at or above 400 psig pressure superheated steam within the most recent five (5) years.
2.2.3 CENTALIZED CHILLED WATER
Bidder attests they are currently servicing or have successfully served two (2) Plants operating centralized chilled water systems.
2.2.4 COOLING TOWER
Bidder attests they are actively servicing a cooling tower (central Plant or building) which provides a minimum heat rejection capacity equivalent to the requirement for a 3000-ton electric chiller.
2.2.5 LARGE THERMAL ENERGY STORAGE SYSTEM
Bidder attests they have actively serviced large thermal energy storage (TES) systems greater than 500,000 gallons and feed chlorine dioxide using a generator with three (3) precursors (Sodium chlorite, Sodium hypochlorite, and Hydrochloric acid).
2.3 SERVICE REPRESENTATIVE(S) REQUIREMENTS
2.3.1 SERVICE REPRESENTATIVE(S) EDUCATION/CERTIFICATION
Bidder attests service representative(s) either has a college degree in engineering, chemistry, or biological sciences with a minimum of four (4) years of experience in industrial water treatment or a certified water technologist (CWT) certification as recognized by the Association of Water Technologies (AWT) in lieu of a college degree.
2.3.2 DRIVING DISTANCE
Bidder attests representative(s) are located within 250 miles driving distance from Plant servicing.
2.3.3 SPECIALIZED TRAINING
Bidder attests representative(s) are trained in the following:
a. Confined space entry
b. Hazard communication
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c. Lockout/tag out
d. Fall prevention and protection
e. Personal protection equipment (PPE)
2.4 CHEMICAL TESTING PROGRAM PRODUCTS/EQUIPMENT
The Bidder must provide with their bid response:
a. Spec sheet for each chemical/product associated with Attachment A – Cost Sheet (see Section 5.2)
b. Written instructions and testing procedures for all control tests
c. Test equipment bulletins pertinent to control testing
d. A published standard manufacturer's product bulletin data sheet for each chemical/product to be used as described in the RFB. Standard bulletins must contain the minimum and maximum dosage rates in pounds (lbs./1000 gals) or in parts per million (ppm) applicable for any treatment application.
e. Colorimeter make and model
f. Familiarity of Walchem I9 Controllers as UWW utilizes these in their new system.
2.5 REPORT EXAMPLES
Bidder must provide examples of representative analytical reports or equipment inventory with their Bid response. At a minimum, the report must include the following: wet chemistry, anions, micro bio, and metals. Refer to Section 3.8.
2.6 PREVIOUS SUSPENSIONS OR REVOCATIONS
The Bidder must, at the time of the Bid, provide documentation of any previous suspensions or revocations of the Requirements listed under Section 2 by any of the employees who will be performing the duties required by this Contract.
3 MANDATORY REQUIREMENTS OF BID
The following Requirements must be met at no additional cost above the pricing provided in the Bid. All Requirements are defined as minimum mandatory Requirements unless otherwise stated.
Bidder must use Attachment C – Bid Factor Matrix to respond to this section. Failure to meet any mandatory specification will result in the rejection of the Bid. However, in the event no Bidder is able to meet an individual mandatory specification, the State reserves the right to continue the review of Bids and to select the Bid which most closely meets the Requirements specified in the RFB.
3.1 ROUTINE SERVICE
The purpose of these service visits is to prevent potential problems from arising which will reduce equipment efficiency and/or result in equipment damage. The Plant personnel will be responsible for the draining and cleaning of the boilers and chillers.
3.1.1 ADVANCE SERVICE SCHEDULE
Contractor must schedule all services in advance with the Plant superintendent or Designee before work commences.
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3.1.2 TIMES PER YEAR
Contractor must conduct scheduled service at a minimum of eighteen (18) times per year for heating and cooling Plant combinations and twelve (12) times per year for either heating or cooling Plant(s) only.
Routine service for CHPP must be conducted twenty-four (24) times per year/two (2) per month/approximately two (2) weeks between service visits. The duration of each service must be a minimum of two (2) hours.
3.2 ON-SITE TESTING AND ANALYSIS: HEATING AND COOLING WATER TREATMENT SYSTEMS
Contractor’s service representative must spend a minimum of one (1) hour total per visit at the Plant to perform all services, where applicable, and must provide the following at each site visit:
a. On-site sample collection of boiler feed water, boiler water, condensate, softener, and/or hot water loop system and cooling water systems for field analysis.
b. Perform all tests necessary to evaluate performance of treatments used in the program to assure the protection of the systems.
c. Checking quality of the Plant field testing reagents.
d. Review of Plant field test results/records.
e. Calibration of tower inhibitor controllers.
f. Annually, provide dissolved oxygen onsite testing to all Plants.
3.2.1 HEATING SYSTEM WATER TREATMENT TESTING AND REPORT
Contractor’s service representative must perform necessary tests and provide a service report of the following at each site visit:
a. pH and conductivity of boiler systems.
b. Inhibitor levels in boiler systems.
c. Annually, provide dissolved oxygen onsite testing to all locations.
3.2.2 COOLING SYSTEM WATER TREATMENT TESTING AND REPORT
Contractor’s service representative must perform necessary tests in the cooling tower water, chilled water, and the thermal storage system (CHPP only) and provide a service report of the following at each site visit:
a. Micro-bio testing of water monthly.
b. pH and conductivity of cooling systems.
c. ClO2 (chlorine dioxide) in the chilled water system (CHPP and UWMILW only).
d. Scale/corrosion inhibitor and oxidizing biocide.
e. Calibration of cooling tower inhibitor controllers.
3.2.3 TESTING AND REPORTING DEADLINE
For each Plant visit, the Contractor’s written report results of the visit must be discussed with the Plant superintendent or Designee.
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A copy must be emailed to the Plant superintendent or Designee and Dave Bender at david.bender@wisconsin.gov and/or uploaded to the Contractor’s secure online portal with a notification emailed when posted. The formal reports must be received or available no later than 10 (ten) calendar days after the Plant visit.
3.2.4 OFF-LINE FOR SEASON
If the heating Plant(s) or cooling Plant(s) is off-line for the season, no services are required by the Contractor unless requested by the Plant superintendent or Designee.
3.3 ANNUAL INSPECTIONS
The Contractor’s representative must be in attendance for the annual inspection(s). Dates to be determined by each Plant. Contact the Plant superintendent or Designee.
The Plant superintendent or Designee will provide no less than 48 hours’ notice to schedule annual inspections with the Contractor.
3.3.1 PHOTOGRAPHS/VIDEOS
Annually, photographs or videos must be taken by the Contractor for the following, but not limited to, heat exchangers, basins, cooling towers, internal tubing, piping, waterside, and fireside surfaces of the boiler and provided to the Plant superintendent or Designee.
3.3.2 HEATING SYSTEM
Contractor must submit a report on the heating system, demonstrated by visual inspection, supplemented with video or photographs on the following:
a. Boiler internal inspection, a minimum of one (1) time per year on each boiler
b. Deposit analysis and inspection report for all boilers
c. Along with the Plant personnel, collect (existing) corrosion coupons of boiler feed water and condensate and reinstall coupons for subsequent operating periods.
Formation of any new scale or deposits in tubes or headers must not be present during the life of the Contract.
3.3.3 COOLING SYSTEM
Prior to the cooling season, Contractor must submit a report on cooling towers, chillers, heat exchangers, and piping demonstrated by visual inspection, supplemented with video or photographs on the following:
a. Chiller internal inspection, a minimum of one (1) time per year on each chiller
b. Deposit analysis and inspection report for all chillers and cooling towers
c. Along with the Plant personnel, collect (existing) corrosion coupons of cooling tower water, and chilled water for laboratory analysis, and reinstall coupons for subsequent operating periods.
d. Tower nozzles and basins mailto:david.bender@wisconsin.gov
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3.4 TECHNICAL REQUIREMENTS
3.4.1 PRODUCT APPLICATION
3.4.1.1 WATER CONDITIONS
Contractor must ensure the water conditions of the heating and cooling systems remain under control and within the target values as provided in Appendix 2 – Specification and Operating Conditions.
3.4.1.2 STRICT INSTRUCTIONS
Contractor must use products in strict accordance with instructions for clean heat transfer surfaces and low corrosion rates in condensate lines, boiler, chiller, and cooling tower systems.
The criteria must be monitored according to the National Association of Corrosion Engineers (NACE) and adopted by the Association of Water Technologies (AWT). The rates are determined by a weight loss analysis and measured in mpy (Mils Per Year).
3.4.1.3 CORROSION COUPON MONITORING
The Contractor using corrosion coupon monitoring must use the following rates:
Open Loop Mild Steel 1.0 – 2.0 Non-ferrous metals 0.2 – 0.3
Closed Loop Mild Steel 0.3 – 0.5 Non-ferrous metals 0.15 – 0.20
Contractor must supervise Plant staff when installing the corrosion coupons.
3.4.2 CHEMICALS/PRODUCTS/EQUIPMENT DETAILS
3.4.2.1 EQUIPMENT PROVIDED BY CONTRACTOR
Contractor must supply one (1) of each of the following for each Plant for the term of the Contract:
1. Hach DR900 Multiparameter handheld Colorimeter or equally equivalent
2. O2 test kit for Deaerator
3. Testing hardware
4. Testing reagents
3.4.2.2 HEATING SYSTEM CHEMICALS
Any modification or relocation of chemical feed point, and or purchase of test kits and reagents, pumps, piping, and any other changes required to meet Bidder's proposed treatment program needs, must be provided, and installed by the Contractor at no cost to the State.
No installation of any such product/equipment will be made without express written approval by the State and will be determined to serve in the best interests of the State.
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3.4.2.3 RESIN CLEANER
Contractor must use Sodium Hydrosulfite or Citric acid/phosphonic acid or industry approved equivalent (for annual cleaning). A minimum of one (1) cleaning per year must be provided.
3.4.2.4 BOILER INTERNAL CHEMICALS (Solubilizing technology)
Contractor must provide liquid or solid oxygen scavenger for steam boilers. See Appendix 5 – Oxygen Scavengers ratio per Plant details the Plant, Liquid/Solid, and Product Requirements.
3.4.2.4.1 TYPES OF CHEMICALS
Contractor must provide for the program one (1) or more of the following types of chemicals:
• Scale inhibitor: Polymer program for all Plants, unless specified otherwise. A single blend
Polymer Chelant program, Chelant not to exceed 5%, is acceptable.
• Organic based Dispersant: Polymer based or organic based.
• Sludge conditioner: If needed, must be organic only.
• Anti-foam: If needed, must be compatible with other boiler compounds. Tannins and
Lignin's must be used as tracers.
• Plants WCVI and WSD– Contractor must use an all-in-one (one (1) drum) steam boiler treatment containing polymer, film forming amines, and neutralizing amines.
3.4.2.4.2 CHEMICALS PROHIBITED
The Contractor must not use the following chemical treatment programs:
• Chelants, Phosphates, Polyphosphates, Chelant/Phosphate blends, and Polymer Chelant blends, where Chelant exceeding 5%.
• Phosphates, Polyphosphates, or organophosphates where the makeup water contains orthophosphates or polyphosphates.
3.4.2.5 CONDENSATE SYSTEM – Return (Condensate) System
Active ingredients percentages must be shown in the safety data sheets. All products must be Food and Drug Administration (FDA) approved.
3.4.2.5.1 NEUTRALIZING:
Contractor must use blended amine product required at all Plants unless specified otherwise. (Minimum of 8.0 pH should be maintained in the condensate system). Blends must have these three (3) ingredients for tri-blends: Cyclohexylamine, Morpholine, and Diethylaminoethanol (DEAE). Refer to Appendix 6 – Amine Ratio per Plant for specifics for each Plant.
Plants WCVI and WSD – Contractor must use an all-in-one (one (1) drum) steam boiler treatment containing polymer, film forming amines, and neutralizing amines.
Note: MMHI and WCI Plants have steam turbines.
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3.4.2.6 COOLING SYSTEM CHEMICALS
Any modification or relocation of chemical feed point, and or purchase of test kits and reagents, pumps, piping, and any other changes required to meet the Contractor’s proposed treatment program needs, must be provided, and installed by the Contractor at no cost to the State.
No installation of any such product/equipment will be made without express written approval by the State and will be determined to serve in the best interests of the State.
3.4.2.7 PRODUCT TYPES
The treatment program suggested by the Contractor must be comprehensive and include the integrated use of scale control agents, dispersants, corrosion inhibitors, pH control agents (only if necessary), and biocides. All chemicals must be in liquid form, except oxidizing biocide and oxygen scavenger. When liquid form is mandatory, solid (dry) form will not be accepted. Liquid bromine must be used at UWW, TGTC, WCVI, and SAPF.
3.4.2.8 TOWER WATER
3.4.2.8.1 COOLING TOWER PROGRAM
The cooling tower program suggested by the Contractor must comply with Federal, State, and local regulations regarding air permits (as applicable) and use of phosphates, polyphosphates, and heavy metals such as zinc and molybdenum. Chromates are prohibited.
3.4.2.8.2 TREATMENT PROGRAM
The treatment program suggested by the Contractor must not use acid or any chemical-type concentration which will cause or aggravate tower drift to precipitate any compounds harmful to persons or property (such as buildings or automobiles located next to the Plant).
• Corrosion inhibitor(s) must be non-toxic organic compounds. Corrosion protection is provided for all metal surfaces encountered in the tower loop systems.
• Biocide: Micro biological growth control must limit formation of algae, slime forming bacteria, legionnaire's disease bacteria (Legionella pneumophilla), molds, fungi, and any biological fouling organisms anywhere within the entire treated open loop cooling water system.
• Continuous feeding of oxidizing biocides, bromine must be used in conjunction with slug feeding a non-oxidizing biocide.
3.4.2.8.3 FREE HALOGEN
Contractor must maintain a minimum of 0.5 ppm (parts per million) free halogen (measured as chlorine) in all cooling towers.
3.4.2.8.4 MICROBIOLOGICAL
Contractor must maintain microbiological activity below ten thousand (10,000) organisms per milliliter of treated tower water.
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3.4.2.8.5 DIP SLIDES
Contractor must provide dip slides to monitor effectiveness of biocide treatment in (open systems) at each Plant on a weekly basis.
3.4.2.8.6 TOWER WATER LAY-UP
Corrosion inhibitor must be of an all organic, water-soluble type. Contractor must guarantee acceptable levels of metal loss for ferrous metals and surfaces (See Section 3.4.1.3).
3.4.2.9 CHILLED WATER
3.4.2.9.1 FERROUS AND NON-FERROUS
Contractor must use corrosion inhibitors for ferrous and non-ferrous metal with pH buffers to protect all different types of metals in the system. Contractor must guarantee acceptable levels of metal loss for non-ferrous metals and surfaces (See Section 3.4.1.3).
3.4.2.9.2 BIOCIDE
Contractor must use non-oxidizing biocides to maintain microbiological activity below ten thousand (10,000) organisms per milliliter of treated chilled water and provide Gluter Alderhyde, minimum 15% or TTPC (Tetradecyltributyl phosphonium chloride).
3.4.2.9.3 SLIME FORMING BACTERIA (SLYM)
Contractor must test, monitor, and treat Slime Forming Bacteria (SLYM), anaerobic Sulfate Reducing Bacteria (SRB), Acid Producing Bacteria (APB), and Iron Related Bacteria (IRB) in closed loop systems on a monthly basis.
• Plants UW MILW and CHPP have chlorine dioxide generators for bio control.
• UW MILW uses 27.5 gallons of each precursor per slug feed (four (4) slug feeds per year).
Tanks are owned by the Contractor, filled by the Contractor’s driver, and drums removed by the Contractor’s driver after transfer. Contractor must supply the tanks.
Precursor chemicals are as follows:
1. Sodium Chlorite
2. Sodium Hypochlorite
3. Sulfuric Acid
• CHPP does not require hands-free delivery of their chemicals and Contractor does not have to supply tanks.
Precursor chemicals used for a continuous feed to maintain a 0.3 ppm residual are as follows:
1. Sodium Chlorite
2. Sodium Hypochlorite
3. Hydrochloric Acid
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3.5 EQUIPMENT, CHEMICALS/PRODUCTS, INVENTORY
3.5.1 DAMAGED EQUIPMENT
If the Colorimeter is damaged by a State employee, it will be the responsibility of the State to pay for the replacement.
3.5.2 NEW/DISCONTINUED CHEMICALS/PRODUCT
Contractor must promptly notify DOA DFD, in writing, of proposed new or discontinued chemicals or products. Upon discontinuation of a chemical or product, the Contractor must inform the State, in writing, of the chemical or the product discontinuation ninety (90) days prior to the last date of production.
At the discretion of DOA DFD, new chemicals/products proposed by the Contractor submitted in writing may be added to this Contract without an increase in the guaranteed cost.
3.5.3 REPLACEMENT FOR DISCONTINUED CHEMICALS/PRODUCTS
Contractor must honor or lower cost for replacement chemicals/products. Replacements for discontinued chemicals or products must meet or exceed the original Requirements and quality Requirements of the RFB.
3.5.3.1 ADDITIONAL CHEMICALS OR PRODUCTS
Replacement chemicals or products, along with cost must be approved, in writing, by DOA DFD before being added to the Contract.
3.5.3.2 DISCONTINUE PROPOSALS
Chemicals or products the Contractor proposes to discontinue may be deleted from this Contract with written prior approval from DOA DFD.
3.5.4 RETURN OF UNUSED/UNOPENED CHEMICALS
If the Contract is terminated at any time, the Contractor will be responsible to collect and redeem all unopened chemicals, testing hardware, and all unopened chemical testing reagents provided by the Contractor and purchased by individual agencies and reimburse the agencies for purchased materials being returned.
3.5.5 INVENTORY – ON-SITE
Contractor will be responsible for:
a. Monitoring the inventory of the various chemicals/products required to fulfill the
Requirements of this RFB
b. Assuring adequate quantities of each chemical are available on-site for Plant use
c. All liquid chemicals must be available in (i.e., 5, 15, 55, 200-gallon, etc.) reusable and/or returnable containers and improve or match same method of storage and feed as existing at each Plant.
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d. Storage containers must be stainless steel (SS) or double walled plastic tanks (ONLY for non-compatible with SS products) with sight glasses and 4-20 ma level control sensors with readings sent to the secure online portal outlined in Section 3.8.
e. Returnable containers, not more than five (5), must be removed within two (2) weeks of written notification. Failure to comply with this will result in a credit of $25/day per barrel or tote on-site to be deducted from invoice for the preceding month. The State will give written notice of credits about to occur to the Contractor one (1) day prior to the two (2)-week deadline.
f. All permanent containers provided by the Contractor for hazardous chemicals must include spill containment. The Contractor must collect and dispose of chemical containers at no cost to the State. The type and size of the container actually used will be determined to serve in the best interests of the State.
3.5.6 WARRANTY
Materials must be warranted per manufacturer’s warranty. Workmanship must be warranted for a period of one (1) year from the date of service.
3.6 DELIVERY, DUPLICATES, RETURNS, DAMAGES
3.6.1 DELIVERY REQUIREMENTS
1. Contractor must deliver products to the Plant between the hours of 8:00 AM to 4:30 PM
CT, Monday-Friday, excluding State Holidays.
2. Contractor must notify the Plant superintendent or Designee via email or phone call within a designated timeframe (discussed during contract negotiations) when the product is being delivered.
3. UWMIL tanks will be owned and supplied by the Contractor on site for each precursor. The tanks will be filled by the Contractor’s delivery driver. The empty drums must be removed after transfer by the Contractor’s delivery driver.
3.6.2 DELIVERY, STORAGE, AND HANDLING
3.6.2.1 IDENTIFICATION OF PRODUCT
Contractor must deliver products to Plant properly identified with names, model numbers, types, grades, compliance labels, and similar information needed for distinct identifications; adequately packaged and protected to prevent damage during shipment, storage, and handling.
3.6.2.2 PROTECTION
Contractor must protect stored equipment, chemicals, and materials from damage.
3.6.2.3 DELIVERY COORDINATION
Contractor must coordinate deliveries with Plant superintendent or Designee and limit each shipment of chemicals and products to the items and quantities needed for the smooth and efficient flow of operations.
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3.6.2.4 SPILLS
Spills during delivery or handling by Contractor must follow the procedures as outlined under Section 3.7.6.
3.6.3 DUPLICATES AND OVER SHIPMENTS
Upon notification by the Plant superintendent or Designee of a duplicate or over shipment, goods must be removed at the Contractor's expense. If such shipments are not removed within ten (10) business days of receipt of written notification from the Plant superintendent or Designee, the Plant must dispose of them at its discretion and will not be held liable for the cost.
3.6.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS
The Plant superintendent or Designee must coordinate returns with the Contractor. Upon notification by the Plant superintendent or Designee of a defective or damaged shipment, the shipment must be promptly removed. The Contractor must coordinate the removal.
3.6.4.1 CREDIT
Full credit for the returned goods will be made within thirty (30) days of receipt of the returned goods unless otherwise agreed upon between the Contractor and the State.
3.6.4.2 RE-STOCK FEE
The State will not be charged a re-stock fee for any returned for damaged chemical/product and/or Contractor error. The Contractor will bear all packaging, shipping, and insurance costs for the return of the shipment and will be liable for any damages to the shipment, unless caused by fault of negligence of the State which occurs during the return process.
The State reserves the right to return chemical/product for failure of performance. The State reserves the right to accept either a full refund for the returned product or replacement of the product.
3.7 SAFETY
3.7.1 SAFETY DATA SHEETS (SDS)
If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by Wis. Stat. §101.58(f), the Contractor must include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated.
3.7.1.1 INITIAL OR UPDATED SDS
The Contractor must send the initial or updated Safety Data Sheet(s) with a complete container, partial container, or single product. The distributor, manufacturer, or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet State of Wisconsin, United States Department of Labor, and Occupational Safety and Health Administration (OSHA) requirements.
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3.7.1.2 PROVIDED TO/CONTACT LIST
Safety Data Sheets must be provided to the Plant superintendent or Designee. The list of contacts will be provided with the Contract.
3.7.2 MANUFACTURER'S NAME
Any manufacturers' names, trade names, brand names information, and/or catalog numbers when furnished are for the purpose of description, reference, and establishing general quality levels. Such references are not intended to be restrictive, and products of any manufacturer may be offered if they are approved as equals. The determination as to whether any alternate product or service is or is not equal will be made by DOA DFD and such determination will be final and binding upon all Contractors.
3.7.2.1 SUBSTITUTIONS NOT BEING ALLOWED
DOA DFD will not allow substitutions to the brand name,…
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