RFB MA210868.pdf

REQUEST FOR BID

Statewide Pest Control Services for

Department of Military Affairs

MA210868

Issued Date: April 27, 2020

Responses Due: May 21, 2020 at 1:00 PM CDT

Statewide Pest Control Services

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 ONE PROCUREMENT

1.4 OBJECTIVE

1.5 CONTRACT TERM

1.6 TRANSITION RENEWAL PERIOD

1.7 MODIFICATIONS OF CONTRACT

1.8 ORDER OF PRECEDENCE

1.9 COOPERATIVE PURCHASING SERVICES

1.10 RESPONDING TO BID REQUIREMENTS

2 MANDATORY BIDDER QUALIFICATIONS

2.1 YEARS OF EXPERIENCE

2.2 STATE OF WISCONSIN CERTIFICATION

3 MANDATORY REQUIREMENTS OF BID

3.1 INTEGRATED PEST MANAGEMENT

3.2 MEET MANUFACTURER'S REQUIREMENTS

3.3 CALL BACK SERVICE

3.4 CERTIFICATION AND SAFETY REGULATIONS

3.5 BAIT STATIONS AND TRAPS

3.6 LOGBOOKS AND SERVICE SLIPS

3.7 EXTERIOR SPRAYING

3.8 LIVE AND DEAD ANIMAL REMOVAL TECHNIQUE

3.9 FOOD SERVICE AREAS

3.10 ADDITIONAL TREATMENTS

3.11 SAFETY USE OF EQUIPMENT AND CHEMICALS

3.12 ADDITIONAL SERVICES

3.13 ACCESS TO SECURE FACILITIES

3.14 PARKING

3.15 FRATERNIZATION / AGENCY WORK RULES

3.16 TOBACCO FREE ENVIRONMENT

3.17 WORK SCHEDULE

3.18 EXTRA WORK AND SPECIAL PROJECTS

3.19 REASSIGNMENT OF EMPLOYEES

3.20 SERVICES PERFORMED WITHIN THE U.S

3.21 BACKGROUND CHECKS

3.22 PAYMENT TERMS

3.23 SAFETY DATA SHEETS

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 REPORTING

4.2 LIQUIDATED DAMAGES

4.3 DAMAGE TO GOVERNMENT PROPERTY

4.4 CERTIFICATES OF INSURANCE

4.5 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

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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 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (PREFERRED)

6.5.2 HARD COPY BID SUBMITTAL

6.6 CONTENT OF BID RESPONSE

6.7 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 VETERAN-OWNED BUSINESS

7.5.3 DISABLED VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.6 DEBARMENT

7.7 AWARD NOTIFICATION

7.8 PROTEST AND APPEALS PROCESS

7.8.1 PROTESTS

7.8.2 APPEALS

8 REQUIRED FORMS AND SUPPORTING DOCUMENTS

1 INTRODUCTION AND PURPOSE

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

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1.1 DEFINITIONS

Agency:

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

Authorized Users:

Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2),

(4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Bid:

A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bid Factor:

An element of the bid that does not appear in the RFB document but the bidder must respond to. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a hard copy bid, Bid Factors can be downloaded from the Supporting Documents and included with the hard copy bid submission.

Bidder:

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

CAPS:

Consolidated Agency Purchasing Services

Commodity:

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

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Contract:

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

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.

Contract Manager:

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Contractor:

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

Contractual Services or Services:

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

Disabled Veteran Owned Business (DVB):

A business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

Disinfectant:

EPA registered agents used to destroy or irreversibly inactivate infectious fungi, viruses, and bacteria, but not necessarily their spores.

DMA: Wisconsin Department of Military Affairs

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DOA: Department of Administration

Facility Manager:

DMA's designated supervisor at each of the DMA facilities or an Authorized User's designated supervisor at the Authorized User's facility.

Integrated Pest Management (IPM):

IPM is a coordinated approach to pest control to integrate pest management planning with preventive maintenance on using the least toxic material possible by the most cost-effective means.

Mandatory:

A requirement labeled as such shall be present in the bid submission, exactly as stated, or the submission will not be considered by the State of Wisconsin. The terms "must" and "shall" are considered mandatory.

Minority Business Enterprise (MBE):

A business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Municipality:

Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public 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(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

Procurement Specialist:

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

Procuring Agency:

The State Agency conducting the purchasing transactions

Requirement: A descriptive statement of the physical, Page 6 MA210868 functional and performance characteristics of the Commodity or service required by

DMA.

RFB: Request for Bid

State: State of Wisconsin

State Holidays:

New Year's Day, Martin Luther King Jr.

Birthday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year's Eve.

USPS: United States Postal Service

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Consolidated Agency Purchasing Services (CAPS) on behalf of the Wisconsin Department of Military Affairs (DMA), requests Bids for the purchase of Statewide Pest Control Services throughout six (6) regions in the State and intends to use the results of this process to award a Contract(s). Bidders may bid on one or more regions defined on Appendix C - DMA Regions. Bidders must be able to provide services in the entire region(s) on which they bid.

Bids that require a minimum number of commodities or services be ordered shall be rejected. DMA or any other Authorized User does not guarantee it shall purchase any specific quantity or pay any minimum Contract amount during the term of the Contract (s).

DMA reserves the right to add to or remove services from this Contract based on changes to standards unknown at the time of this RFB. If additional services are added, the Contractor's cost shall be in line with current Contract costs for similar services.

Scope of work will be consistent with the current Contract services.

The awarded Bidder(s) (hereinafter referred to as "Contractor") is/are expected to work with Authorized User(s) in the application of the Contract(s). Each Authorized User, other than the Department of Military Affairs (DMA), will solicit quotes through use of individual Statements of Work (SOW) for services and shall enter into and administer its own Contract with the Contractor(s).

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1.3 ONE PROCUREMENT

One Procurement is a long-term model and initiative intended to improve the procurement function across the enterprise to achieve savings, share resources and work better together. This solicitation is being done under the One Procurement model, which means that the Contract(s) may be used by other State Agencies and the University of Wisconsin System (hereinafter referred to as an "Authorized User"). The intent is to create Contracts that can meet a range of requests –from small scope limited dollar projects to large, higher budget projects. Each Contractor

(s) shall work with Authorized Users and shall not reject a project based solely on dollar amount.

1.4 OBJECTIVE

Integrated Pest Management (IPM) methods shall be used, to the extent possible, to remove and exterminate rodents, insects, and other pests. The Contractor shall use the lowest possible application rates for effective pest control. The Contractor shall furnish all supervision, labor, materials, and equipment necessary to accomplish the monitoring, trapping, pesticide application, and pest removal components of the IPM program. The Contractor shall also provide detailed, site-specific recommendations for structural and procedural modifications to aid in pest prevention.

1.5 CONTRACT TERM

The Contract term shall run for an initial three (3) year-period. DMA or an Authorized User and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1) year periods. The Contract shall be effective on the date it is executed by DMA or an Authorized User. If no formal Contract is executed, the effective date of the Contract is the date on the purchase order.

1.6 TRANSITION RENEWAL PERIOD

The Contractor may be requested to continue providing services for a period up to six (6) months after the Contract end date for the purpose of completing a future solicitation process and/or transition to a contractor. The terms and conditions during the transitional renewal period shall remain the same as during the initial Contract term unless otherwise agreed to in writing by both parties. DMA or Authorized User shall provide written notice to the Contractor to exercise the transition renewal period, which shall include the length of the Contract continuation (e.g., any period between one month and twelve months). During the transition renewal period, Contractor shall provide to the DMA or Authorized User all reasonable cooperation, assistance, and services in order to assist DMA in transition to a contractor.

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1.7 MODIFICATIONS OF CONTRACT

The Contract shall 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 shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they shall be void.

1.8 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 DMA or Authorized User, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

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

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State 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:

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.9 COOPERATIVE PURCHASING SERVICES

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

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1.10 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and Requirements in this RFB document shall be minimally met without exception; failure to meet such shall disqualify your Bid. Before the award of any Contract, DMA shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint DMA with these qualifications and Requirements by submitting appropriate or supporting documentation.

If no single Bidder can meet an individual mandatory qualification or Requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the qualification or Requirements in this RFB.

2 MANDATORY BIDDER QUALIFICATIONS

To be eligible for an award, Bidder must be qualified and able to provide the following as required or the Bid response will not be considered.

2.1 YEARS OF EXPERIENCE

Bidder must be in the business of providing professional pest control / elimination services and must have done so for the past three (3) years. Mergers, acquisitions and business name changes of a bidder, with proper documentation, will be taken into consideration for purposes of determining the three-year minimum requirement.

2.2 STATE OF WISCONSIN CERTIFICATION

Bidder and staff (all technicians/applicators) must be State of Wisconsin certified for commercial application of pesticides per Wis. Adm. Code ATCP 29.20:

https://docs.legis.wisconsin.gov/code/admin_code/atcp/020/29/V/20.

3 MANDATORY REQUIREMENTS OF BID

All Requirements in this section are Mandatory and shall be met at no additional cost above the costs provided in the Bid. If no Bidder is able to comply with given specification or condition of the Bid, the State reserves the right to delete that specification or condition of Bid. Failure to meet a Mandatory requirement shall disqualify the Bid.

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3.1 INTEGRATED PEST MANAGEMENT

The contractor shall provide all professional pest control/elimination services including labor, materials, pesticides, tools, equipment, transportation, insurance, permits and fees necessary to accomplish pest inspection and control service program (on a monthly basis), using Integrated Pest Management (IPM) procedures, for the control of cockroaches, ants, silverfish, Asian beetles, rats, mice, bats, flies, wasps, hornets, spiders, and other such vermin. The purpose of this pest control program is to limit the necessity for use of chemicals in controlling the above-mentioned pests.

3.2 MEET MANUFACTURER'S REQUIREMENTS

All materials used, and services rendered shall be provided in accordance with the manufacturer's instructions and meet the manufacturer's requirements.

3.3 CALL BACK SERVICE

The contractor shall provide free callback pest control applications for emergency treatment at no cost to the State, which may arise between scheduled visits. This shall apply if a pest problem is not controlled after an application has been made, and if requests are for control or extermination of pests or rodents listed in the contract.

Maximum response time for call back service shall be 24 hours of notice to service requests.

3.4 CERTIFICATION AND SAFETY REGULATIONS

All technicians/applicators must be State of Wisconsin certified for commercial application of pesticides. Chemicals used shall be EPA approved and meet all applicable EPA, FDA and USDA safety regulations and standards. The State desires that the amount and toxicity of chemicals used shall be the minimum required for adequate pest control and that all applications minimize potential danger to people and damage to the facility/premises. Contractor shall provide each location with Safety Data Sheets for each of the chemicals used on the premises. See section 3.2.

3.5 BAIT STATIONS AND TRAPS

Bait stations and traps shall be labeled "Poison" and shall identify the poison being used and date of service. Traps shall be numbered and shall state where they are located. Traps shall be cleaned as necessary. Poisonous rodent bait shall not be deployed anywhere on the grounds without expressed consent of the Facility Manager or other authorized staff at each facility.

3.6 LOGBOOKS AND SERVICE SLIPS

Contractor shall check and record the chemicals used in logbooks where they are utilized. Contractor must alert the authorized staff to any sanitation deficiencies.

These deficiencies must be noted on the logbook. Service slips must be signed by the Area Building and Grounds Superintendent building staff and one copy left with them.

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3.7 EXTERIOR SPRAYING

Exterior Spraying should include only those areas specified by authorized staff.

There should be no routine spraying of materials or preventative use of rodenticide.

Control should be maintained with the use of such items as exterior permanent stations, snap traps, gel-based bait material.

3.8 LIVE AND DEAD ANIMAL REMOVAL TECHNIQUE

Contractor is responsible for removing from the premises grain baits, glue boards and any other items that are not needed to support ongoing service. Method of live and dead animal removal techniques and equipment will be discussed at each facility as needed. This includes but is not limited to mice, rats, raccoons, squirrels, opossum, bats, etc.

3.9 FOOD SERVICE AREAS

No baseboard spraying shall be used in food service areas. Crack, crevice and void treatment are the only permissible treatments in food service areas. No exposed grain baits are to be used in building exteriors. No rodenticides to be used in food service areas.

3.10 ADDITIONAL TREATMENTS

The contractor shall provide a cost breakdown for additional treatment(s) due to unusual or compelling circumstances of pest control outside of the monthly service and return visits. Such services shall be made promptly within the next business day when requested by a designated representative of the facility.

3.11 SAFETY USE OF EQUIPMENT AND CHEMICALS

The Contractor shall comply with all local, State, or other legal requirements for safe use of equipment and chemicals, including operating all equipment in conformance with the manufacture's operating instruction for each, and in compliance with Federal Occupational and Health Safety Administration (OSHA) standards and requirements.

No work shall be performed in any manner or location that may endanger health and safety.

3.12 ADDITIONAL SERVICES

The Department of Military Affairs (DMA) and any Authorized User reserves the right to negotiate with the Contractor for additional services to the Contract as needed.

DMA or Authorized User is under no obligation to accept the additional services from the Contractor.

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3.13 ACCESS TO SECURE FACILITIES

Execution of this contract may require access/entrance into secure facilities or secure areas of operation.

Contractor may be required to adhere to any and all security policy/processes which may be in place at any State office location. Contractor shall contact a facility, well in advance of the start of any project, to obtain security instructions specific to that facility.

The Contractor will be notified if any of their workers will not be allowed to work at or within the secured facility.

Contractor staff may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

Compliance to all security and identification procedures, at each State location, will be at no additional cost to the State.

Common guidelines include, but are not limited to:

• Contractor and Contractor's employees and/or subcontractors must comply with the security requirements at each State of Wisconsin facility.

Contractors are responsible for communicating common security restriction(s) to all their employees and/or subcontractors.

• Stricter security procedures are in place at DMA, DOT, DOC, DHS facilities and/or any State agency or UW Campus. Contractor and Contractor's employees or subcontractors must comply with all requirements.

• Identification: All Contractor's and/or subcontractor's employees, while on State property, are required to carry or display acceptable identification. Requirements may vary by agency. It is the Contractor's responsibility to ensure that acceptable identification is used.

• Vehicle Security: All Contractor's and subcontractor's vehicles must be locked when the vehicle is unattended. All vehicles shall park in the designated/assigned area.

Contraband Although specific policies may vary somewhat between State facilities, contraband items are prohibited on the person. Items may be left at security; however, illegal items will not be returned. Contraband items include, but are not limited to:

• drugs

• tobacco products

• cell phones, digital telephones, pagers, cameras, video equipment

• computers or laptops

• adult or pornographic materials

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• explosive and weapons (including pocketknives and razor blades)

• containers holding flammable liquids must be kept in an approved container and contents clearly identified.

3.14 PARKING

There is no provision for Contractor's employees parking on site. Contractor will be provided parking for delivery of equipment and supplies.

3.15 FRATERNIZATION / AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to the Procuring Agency's Procurement Manager identified in this RFB.

Contractor agrees to have a written policy on fraternization that prohibits the forming of improper relationships between Contractor's employees and customers or clients.

Engaging in personal relationships with customers or clients is prohibited under this contract. Personal relationships include, but are not limited to, any sexual, social or physical contact.

State of Wisconsin agencies may require a separate agency specific fraternization agreement with Contractors based on the type of public service provided to their clients and customers. Contracted vendors will be required to conform to the requirements of the buying agency.

3.16 TOBACCO FREE ENVIRONMENT

Contractor's employees shall refrain from using tobacco products while providing services on-site. Disregard of the facility's policy concerning tobacco use could result in a fine and immediate expulsion of the Contractor's and subcontractor's employee(s) off the State's property.

3.17 WORK SCHEDULE

Work shall be scheduled with each facility contact person. Most work can be performed during normal working hours (Monday – Friday between 8 a.m. and 4:00 p.

m.); however, if the application can cause discomfort, offensive odors or is hazardous to building tenants, the application shall be done at times necessary to avoid this problem. Contractor shall be given a one-week notice of changes in hours that may necessitate changes in daily services.

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3.18 EXTRA WORK AND SPECIAL PROJECTS

Extra work, outside of the scope of routine service visits, may be required and shall be limited to the scope of the contract resulting from this RFB . Extra work may be requested by DMA or other Authorized User on an as-needed basis.

DMA or other Authorized User reserves the right to negotiate these rates and is under no obligation to accept the additional services from the Contractor. DMA or other Authorized User may contract with other contractors for extra work if it is in the best interest of the State. All work pertaining to this section shall only be done upon special request of DMA or other Authorized User and shall only be reimbursable when the work is approved by DMA or other Authorized User prior to being performed.

3.19 REASSIGNMENT OF EMPLOYEES

DMA retains the right to require the reassignment of Contractor's employee or employees, as DMA deems necessary. Reasons for this request may be, but are not limited to incompetence, carelessness, disruptive or otherwise objectionable behavior. Any Contractor's employee whose actions or performance are objectionable to DMA shall be immediately transferred from the premises.

A request by DMA to transfer an employee shall not constitute an order to discipline or discharge the employee. All actions taken by the Contractor regarding employee discipline shall be at the sole discretion of the Contractor.

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

3.20 SERVICES PERFORMED WITHIN THE U.S.

Pursuant to s. 16.705(1r), Wis. Stats., Contractor shall perform services within the United States. The inability to perform all services in the United States shall be grounds for disqualification. Countries part of the World Trade Agreement may not be subject to this Requirement.

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3.21 BACKGROUND CHECKS

Due to the nature of this solicitation, DMA 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 Contractor's ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) shall negatively impact the Contractor's ability to meet contractual obligations and Requirements.

Before the Contractor's employee can begin work, the Contractor shall obtain a criminal arrest and conviction record from the Wisconsin Department of Justice for each employee assigned to the contract. Such checks are done through the Wisconsin Department of Justice. Information is available at https://www.doj.state.wi.

us/dles/cib/background-check-criminal-history-information.

The background checks shall be conducted at the Contractor's expense. Contractor shall provide proof of criminal background checks, dated less than one year from current date, to the State.

Some agencies may require a more extensive background check. To facilitate the process, Contractor's employees shall complete a background/conviction record form provided by the Agency. Contractor's employee shall not begin working until the extensive background check has been completed and the Contractor's employee has been cleared to work at the facility.

The Agency shall pay for two (2) extensive background checks, per position, per twelve (12)-month period. The first period shall start on the Contract start date;

new periods shall begin every twelve (12) months thereafter. Extensive background checks for additional replacement employees within a twelve (12)-month period shall be at the Contractor's expense and shall not be reimbursed.

As extensive background checks costs are incurred by the Contractor and Agency in these cases, a conscious effort shall be made by the Contractor to place stable, long-term employees at the facility.

If a Contractor's employee becomes the subject of an investigation, is charged with or convicted of a crime while performing an assignment for the State, Contractor shall notify the Contract Manager within one (1) business day of the Contractor being notified.

https://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information https://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information

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3.22 PAYMENT TERMS

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

Authorized User shall meet a statutory mandate to pay or reject invoices within thirty (30) days of receipt. Before payment is made, Authorized User will verify all invoiced charges are correct as per the Contract(s). Only properly submitted invoices shall be officially processed for payment. Prompt payment requires that invoices are clear and complete in conformity with the instructions below.

Contractor shall invoice Authorized User monthly for services rendered under the provisions of this Contract. Invoicing after each month's service shall be no later than the 15th of the month following the work period. Extra work or project cleaning shall be itemized on the invoices.

All invoices must be itemized showing:

• Purchase order number- correct PO number for current year of services provided

• Vendor name

• Remit to address

• Service location(s)

• The complete product description/services provided as stated on your Bid

• Prices per the contract

• Dates and approximate time of service

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3.23 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by s. 101.58, Wis. Stats., the Contractor shall include the appropriate safety data sheet(s) with the initial shipment and with the first shipment after a safety data sheet is updated. The Contractor shall send the initial or updated safety data sheet(s) with a complete Container, partial Container or single product. The distributor, manufacturer or Contractor may make access to safety data sheets available online via their website; however, safety data sheets shall be provided as stated herein, regardless of online availability, to meet the State and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

Safety data sheets shall be provided to the Facility Manager of each Authorized User.

4 SPECIAL TERMS AND CONDITIONS OF BID

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

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

Please Note: There are Bid Factors that relate to this Requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a hard copy bid, Bid Factors can be downloaded from the Supporting Documents and included with your bid submission.

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4.1 REPORTING

A surveillance program must be in place in order to track the chemicals used for re-infestation of pests. DMA requires the submittal of a "Calendar Year" cumulative report of all materials used in conjunction with this contract (i.e. Pesticides, Rodenticides, Baits, Etc.) Pesticide Reports are required to be submitted to: John P. Hansen, P.E. at email: johnp.hansen@wisconsin.gov or

Mail to:

John P. Hansen, P.E.

Cultural & Natural Resource Manager Department of Military Affairs 1420 Wright Street Madison, WI 53704 Report formats and data elements from other Authorized Users to be reported on, will be determined between the Authorized User and Contractor at the time the services are needed.

4.2 LIQUIDATED DAMAGES

Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of that, the Contractor acknowledges that for the Contract(s) resulting from this Bid, it will negotiate liquidated damages, as required by the State, for the Contract(s). The Contractor agrees that the agency shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.3 DAMAGE TO GOVERNMENT PROPERTY

Contractor shall acquaint themselves with the location of utilities, which may be encountered or be affected by their work and shall be responsible for damage to property and costs associated with repair of said damage.

Contractors shall be liable for any damage to government property caused by the contractor or contractor's employees and/or equipment in the execution of the work.

All damage shall be reported immediately. All damage shall be repaired at Contractor's expense and to the complete satisfaction of the Area Buildings & Grounds Superintendent. Personal property damage shall be repaired immediately.

Contractor shall coordinate all repair work (due to damages) caused by the Contractor through the Area Buildings & Grounds Superintendent. All repair work shall be subject to the approval of the Area Buildings & Grounds Superintendent.

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4.4 CERTIFICATES OF INSURANCE

The awarded Bidder shall provide DMA copies of insurance policies and/or insurance certificates in effect during this Contract prior to the award of Contract.

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

A. Commercial General Liability Insurance including contractual coverage:

The limits of this insurance for bodily injury and property damage.

Combined shall be at least:

Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Products-Completed Operations Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000

B. Business Automobile Liability Insurance:

Should the performance of this Agreement involve the use of automobiles, Contractor shall provide comprehensive automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property damage combined.

C. Workers' Compensation Insurance:

Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the work is performed, even if such coverages are elective in that state.

D. Employers Liability Insurance:

Such insurance shall provide limits of not less than $500,000 policy limit.

E. Excess/Umbrella Liability Insurance:

Such insurance shall provide additional limits of not less than $5,000,000 per occurrence in excess of the limits stated in (A.), (B.), and (D.) above.

Additional Requirements:

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F. Contractor shall require the same minimum insurance requirements, as listed above, of all its contractors, and subcontractors, and these contractors, and subcontractors shall also comply with the additional requirements listed below.

G. The insurance specified in (A), (B), and (E) above shall:

1. Name DMA including its directors, officers, employees and agents as additional insureds by endorsement to the policies; and,

2. Provide that such insurance is primary coverage with respect to all insureds and additional insureds.

H. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability insurance. DMA may require higher limits or other types of insurance coverage(s) as necessary and appropriate under the applicable purchase order.

I. Except where prohibited by law, all insurance policies shall contain provisions that the insurance companies waive the rights of recovery or subrogation, by endorsement to the insurance policies, against DMA, its subsidiaries, its agents, servants, invitees, employees, co-lessees, co-ventures, affiliated companies, contractors, subcontractors and their insurers.

J. Contractor shall provide certificates and endorsements evidencing the coverages, limits and provisions specified above on or before the execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall require all insurers to provide DMA with a thirty (30) day advanced written notice of any cancellation, nonrenewal or material change in any of the policies maintained in accordance with this Agreement. Coverage must be placed with carriers with an A. M. Best rating of A- or better.

Mail to:

Department of Military Affairs

State Budget and Finance

2400 Wright Street

Madison, WI 53704

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4.5 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

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

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

TERMINATION FOR CONVENIENCE

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

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

Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

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

• Fails to perform any material obligation required under the Contract

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

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

• Makes an assignment for the benefit of creditors

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

77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

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

Page 22 MA210868 required in the Standard Terms and Conditions (DOA-3054)

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

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

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

• Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

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

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5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

Bidder shall use APPENDIX A: COST SHEET to submit pricing.

1. Enter Bidder company name on cell B4, highlighted in yellow.

2. Enter Initial Setup & Service and Monthly Ongoing Rate/Service in the yellow and green cells for the regions you are submitting a bid for.

3. Cost shall be an all inclusive price which includes all labor, equipment and supplies.

4. If you are not bidding on a region CLICK the NO BID box shown near the Region title.

5. The Method of Award shall be based on the lowest Total Average

Cost (Initial Setup & Service + Monthly Ongoing Rate) for each region.

6. Cost shall be in U.S. dollars limited to two (2) decimal points.

5.2 REQUESTING COST ADJUSTMENTS

Bid cost shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Cost increase will not be permitted during the entire initial Contract(s) period. Any cost increases proposed after the initial Contract(s) period shall be submitted in writing to DMA a minimum of forty-five (45) days prior to the renewal period. Increases shall not affect any orders written prior to the effective date of the increase. Any request for increases shall be limited to documented cost increases to the Contractor and shall be mutually agreed upon by DMA and the Contractor.

If the Contractor is requested to provide services during the transition renewal period, any request for increases shall be limited to documented cost increases to the Contractor and shall be mutually agreed upon by DMA and the Contractor.

Any cost decreases from the manufacturer or supplier that are passed through to the Contractor, shall be passed to DMA within thirty (30) days of the effective date of the cost decrease. If DMA is not properly notified of cost decreases, the cost at the time of order will be used for invoice payment and the Contractor shall provide refunds or credits as necessary.

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6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

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

Event Date

RFB Issue Date: Monday, April 27, 2020

RFB Questions Due Date from Bidder: Friday, May 8, 2020

Responses to Questions Due Date: Friday, May 15, 2020 (estimate)

RFB Due from Bidder: Thursday, May 21, 2020 by 1:00 PM

CT

Skype Bid Opening:

608-316-9000 Meeting ID#44833472 Friday, May 22, 2020 at 11:00 AM CT

Notice of Intent to Award Date: Thursday, June 4, 2020 (estimate)

Contract Start Date: July 1, 2020 (estimate)

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6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procurement Specialist representative named below of the issue in writing.

Bidders are expected to raise any questions or clarifications concerning the RFB document by Friday, May 8, 2020.

The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarifications.

Email is also accepted for the submission of questions and/or clarifications and shall refer to RFB #MA210868 and be directed to Cathy Neidner at catherine.neidner@wisconsin.gov.

Any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and posted to the Wisconsin eSupplier Portal. Bidder questions asked within the Wisconsin eSupplier Portal do not appear on the document that contain outside Wisconsin eSupplier Portal questions.

It is the Bidder's responsibility to check the Wisconsin eSupplier Portal for any questions and answers pertaining to this RFB.

If it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments or addendums shall be posted on the Wisconsin eSupplier Portal.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except with Cathy Neidner is strictly prohibited during the period from the date this RFB is released until the date the Notice of Intent to Award is issued. Cathy Neidner may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current contract with DMA may continue to communicate with the DMA contract administrator regarding the performance of that current contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, DMA shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed, please contact: Cathy Neidner at catherine.neidner@wisconsin.gov.

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6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

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

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

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

tab=WI_GUEST&wimsg=Logo

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

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

6.5 SUBMITTING A BID

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

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (PREFERRED)

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

Please note, Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received and reviewed by the State. Only clicking "Save" does not submit the Bid response; therefore, it shall not be received nor reviewed by the State.

Certain Requirements and qualifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.

e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) Requirements that cannot be met, a "no" shall be checked and a supplemental document shall be provided as an attachment to explain.

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

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6.5.2 HARD COPY BID SUBMITTAL

ATTENTION:

Please be advised that due to the COVID-19 virus many of the State office buildings have little or no staff on premises. As a result, there may or may not be staff on-site to accept hand delivered bids. It is strongly suggested that you submit your bid electronically via the eSupplier Portal.

If you are unable to submit your bid electronically please email Cathy Neidner at catherine.neidner@wisconsin.gov prior to the bid due date to make arrangements for your bid submission.

Bidders still have the option to mail or otherwise provide a hard copy Bid when responding to this RFB. If submitting a hard copy Bid (instead of the electronic Bid option described above), Bidders shall submit one (1) Bid, marked as stated below, and all required materials for acceptance of their Bid, by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

Cathy Neidner Cathy Neidner

Wisconsin Department of Administration Wisconsin Department of Administration

Consolidated Agency Purchasing Services

Consolidated Agency Purchasing Services

PO Box 7867 101 East Wilson Street, 6th Floor

Madison, WI 53707-7867 Madison, WI 53703-3405

All Bids shall be received and time-stamped at the above location no later than Thursday, May 21, 2020 at 1:00PM CT. Bids not time-stamped shall be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOA CAPS Purchasing Office.

All Hard Copy Bids shall be packaged in a box or envelope and clearly marked with the following information on the outside of the…