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REQUEST FOR BID

NATURAL GAS SUPPLY & MANAGEMENT SERVICES

(Primary Firm)

RFB NGF1-DB

Issued: January 14, 2022 Responses Due: February 11, 2022, 2:00 PM CDT

NGIP CODE 40513

State of Wisconsin RFB # NGF1-DB Date: January 14, 2022

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TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 FIRM PRICES

1.5 MODIFICATIONS OF CONTRACT

1.6 ORDER OF PRECEDENCE

1.7 COOPERATIVE PURCHASING SERVICES

1.8 RESPONDING TO BID REQUIREMENTS

1.9 SUBMITTING A BID

1.9.1 HARD COPY SUBMITAL

1.10 INCURRING COST

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 EXPERIENCE IN THE STATE OF WISCONSIN

2.2 REFERENCES

3.0 MANDATORY REQUIREMENTS OF BID

3.1 PERFORMANCE AND SUPPORT REQUIREMENTS

3.1.1 SERVICES

3.1.2 CUSTOMER SERVICE

3.1.3 DELIVERY OPTIONS

3.1.4 NATURAL GAS MANAGEMENT

3.1.5 INVOICING

3.1.6 PRICING

3.1.7 ON GOING COMMUNICATION

3.2 BID AREAS

3.3 FACILITIES LOCATION ……………………………………………………………………………... 16

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 PAYMENT TERMS AND INVOICING

4.2 CONTRACT AUDITS AND CREDITS

4.3 CERTIFICATES OF INSURANCE

4.4 CANCELLATION AND TERMINATION

5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

5.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.0 BID ACCEPTANCE AND AWARD

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6.1 BID OPENING

6.2 BID ACCEPTANCE

6.3 BID REVIEW

6.4 METHOD OF AWARD

6.5 BIDDER REFERENCES/CLIENT LIST

6.6 USE OF SUBCONTRACTORS

6.7 SUPPLIER DIVERSITY

6.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

6.7.2 VETERAN-OWNED BUSINESS

6.7.3 DISABLED VETERAN-OWNED BUSINESS

6.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

6.8 DEBARMENT

6.9 AWARD NOTIFICATION

6.10 PROTEST AND APPEALS PROCESS

7.0 REQUIRED FORMS

8.0 ANNUAL USAGE DATA

1/14/2022 5:43 PM

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1.0 INTRODUCTION AND PURPOSE

The State of Wisconsin seeks qualified vendor(s) to provide cost effective comprehensive natural gas supply and management services for State of Wisconsin agencies and facilities located throughout the state.

Currently, the natural gas supply provided to the state is delivered to the local distribution companies on a primary firm basis. The State of Wisconsin has no firm transportation contracts on any intrastate or interstate pipeline.

1.1 DEFINITIONS

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

Agency: An office, department, Agency, institution of higher education, association, society, and 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.

Balancing It means truing up (or cashing out) the difference between the amount of gas delivered and the amount of gas consumed by a pool or individual end users on a daily and/or monthly basis (imbalances). Balancing services are provided by the gas utility or the pipeline.

Basis It means all costs including the bidder’s margin to the city gate except the commodity cost (NYMEX)

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 in VendorNet. Bid Factors can be downloaded from the Supporting Documents and included with the hard copy Bid.

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

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 Agency employee 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 Authorized Users.

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Contractual Services or Services:

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

CST Central Standard Time CY Calendar Year Disabled Veteran- Owned Business

(DVB):

A business that has been certified by the Department of Administration under Wis. Stat.

§16.283.

DOA Wisconsin Department of Administration DFD Division of Facilities Development FOB Free on Board Mandatory: A requirement labeled as such shall be present in the bid submission

Minority-Owned Business Enterprise (MBE):

A business that has been certified by the Department of Administration under Wis. Stat.

§16.287

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 (Wis. Stat §16.70(8)).

LDC Local Distribution company (gas utility) LDS Last Day of Settlement Notice of (Intent to) Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award 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).

NYMEX It means New York Mercantile Exchange Purchasing Card (p-card)

A charge card issued to an authorized state employee through DOA, State Bureau of Procurement’s Purchasing Card Contract.

Procurement Specialist:

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

Procuring Agency: The State Agency conducting the purchasing transactions.

Requirement: A descriptive statement of the physical, functional and performance characteristics of the commodity or service required by DFD RFB Request for Bid SBOP: State Bureau of Procurement SOP: Standard Operating Procedures VendorNet General information on how to do business with the state, names, addresses and telephone numbers of state agency procurement staff, and a summary of what the state buys.

eSupplier Wisconsin eSupplier portal registration State: State of Wisconsin State Holidays: Christmas Eve & Day, 4th of July, Labor Day, Martin Luther King Jr. birthday, Memorial

Day, New Year’s Day, New Year’s Eve, Thanksgiving Day.

USPS: United States Postal Service VBs: Veteran-owned business

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Department of Administration (DOA), Division of Facilities Development (DFD), requests Bids for the purchase of Natural Gas Services & Management and intends to use the results of this process to award a Contract. DFD does not guarantee it shall purchase any specific quantity or pay any minimum contract amount during the term of the Contract.

The natural gas supply for the state’s locations shall be delivered on a primary firm basis Fixed basis pricing shall be provided for a single 1-year term.

Three years of monthly natural gas usage data for the state facilities are identified on page 27 of 50 along with a twelve-month forecast. All quotes shall be based on load to quote on the bid form.

1.3 CONTRACT TERM

Initial contract term is for one (1) year. At the end of the initial contract period, Division of Facilities Development reserves the right to renew the contract for four (4) additional one (1) year terms, or re-bid upon completion of each one-year term.

CONTRACT AUDITS AND CREDITS:

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems. If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to DOA within thirty (30) calendar days of notification of the problem.

During the Contract period, DFD reserves the right to eliminate individual facilities from the Contract due to sale, closure, or lease of the plant.

BASE CONTRACT FOR SALE & PURCHASE OF NATURAL GAS

Awarded vendor shall be required to sign a NAESB for sale & purchase of Natural Gas contract with the State of Wisconsin’s special provisions as shown on page 26 of 50. Any vendor exception shall be submitted along with the bid for review.

CONTRACT FLEXIBILITY:

The State reserves the right to add/delete city gate delivery locations, change pipeline capacity requirements and end users during the contract term to meet the needs of the State. To make additions, the State shall adhere to the following procedure:

Step 1 The location shall be offered to currently award contractor(s), beginning with the contractor with the lowest total delivered per dekatherms cost based on firm capacity for the area associated with the location.

Step 2 If no contractor from Step 1 accepts the location, the location shall be offered to all currently awarded contractors and awarded to the lowest cost contractor willing to make delivery to that location.

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Step 3 If no contractors quote on the location, no award shall be made.

1.4 FIRM PRICES

Pricing must remain firm for the initial contract term.

At the end of the initial term, DOA/DFD will request a price quote for all locations for the 2nd term. The State shall be the sole judge as to continue this contract or rebid the contract in the best interest of the State.

The total Price Guarantee: The vendor shall guarantee the total cost stated for each area for the operating conditions stated.

1.5 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, be rendered in writing, and signed by both parties or they shall be void.

The Contract shall be effective on the date it is executed by the DFD.

The original contract term or any renewal period may be extended at the State’s request on a month-to-month basis for a period not to exceed 6 months for the purpose of completing a future solicitation or transition to new contractor(s). Contract conditions, terms, and pricing shall not be modified during such a month-to-month extension.

1.6 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 the DFD, 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 a 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

• RFB

1.7 COOPERATIVE PURCHASING SERVICES

Wisconsin statues (S.16.73, Wis Stats.) establish authority to allow Wisconsin Municipalities to purchase from state contracts. (See Bidder agreement form DOA- 3862, Section 5).

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1.8 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, DFD shall be satisfied the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint DFD with these qualifications and Requirements by submitting appropriate or supporting documentation.

Bidders shall adhere to all details of each of the Detail Conditions of Bid as stated below. Interested bidders should return a copy of all bid forms. Envelopes not properly identified are subject to early openings in mailroom and may result in disqualification of your bid.

a. All bidder Response forms shall be completed and returned with this bid submittal.

Failure to provide this information may be cause for disqualification.

b. Bids shall be organized and presented in the order and by the number assigned in this Request for Bid.

c. Vendor registration Only vendors registered with the State of Wisconsin’s eSupplier will receive automatic future official notice for bid opportunities for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access eSupplier on the Internet at to get information on state purchasing practices and policies, goods, and services that the state buys, and tips on selling to the state.

1.9 SUBMITTING A BID

Signed Request for Bid Sheet: Include the signed, required form (DOA-3832) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT

COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed Bid, the vendor's signatories certify that in connection with this procurement:

(a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition.

(b) the prices quoted in the Bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly, or indirectly, to any other respondent or to any competitor.

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(c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions):

These Terms and Conditions shall govern this Bid and subsequent award. Vendors shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Additional Information: Include all additional information that shall be essential to an understanding of the Bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the Bid document.

Cost Information: Provide price information on the Bid Cost Sheet included in this RFB. Include two hard copy of the Price Sheet with the Bid response and one electronic copy in Excel format.

All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

Bid Response Qualifications and Requirements: The Bidder shall include the Bid Response Qualifications and Requirements in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed. Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.

Bidders shall provide a hard copy Bid when responding to this RFB. Bidders shall submit an original signed Bid, marked as stated below, and one hard copy along with one flash drive containing an electronic copy of all materials required for acceptance of their Bid by the deadline to DOA.

1.9.1 Hard copy submittal

Bidders shall submit an original signed bid, marked as stated below, and one hard copy of all materials required acceptance of the bid by February 11, 2022, before 2:00PM CT.

Hand delivery submittal

Hand delivery to the drop box labeled SEALED BIDS ONLY in front of the State of Wisconsin Administration Building located at 101 East Wilson Street, Madison, Wisconsin 53703.

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All Bids for NGF1-DB must be received, and time stamped in the DFD office by February 11, 2021, 2:00 PM CDT. Bids not so stamped will not be accepted. Receipt of a bid by the State mail system does not constitute receipt of a bid by the DFD Office, for purposes of this RFB.

To ensure confidentiality of the document, all bids must be labeled “Natural Gas”, packaged, sealed, and show the following information on the outside of the package:

—Proposer's name and address

—Natural Gas NGF1-DB

--- February 11, 2022, 2:00 PM CDT

1.10 INCURRING COSTS

The State of Wisconsin is not liable for any costs incurred by the Bidder in responding to this

RFB.

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

Following are the minimum acceptable qualifications. Failure to meet will result in bidder being declared an unqualified bidder. The Division of Facilities Development has sole authority for determining experience and equivalencies.

2.1 EXPERIENCE IN THE STATE OF WISCONSIN

A minimum of three years’ experience in Wisconsin is required.

Provide a description of your firm including location, number of years of operation at that location, number of years of operation within the State of Wisconsin, location and number of personnel actively involved in providing natural gas supply and management services.

Describe your firm’s experience with pipelines’, LDC’s (gas utility) gas nominations & balancing services for Wisconsin natural gas end users.

Provide the amount of gas sold in Wisconsin in Dekatherms per year for the most recent 12 months.

USPS ADDRESS

COMMON CARRIER ADDRESS

David Bender RFP #NGF1-DB – Natural Gas Department of Administration Division of Facilities Development PO Box 7866 Madison WI 53707-7866

David Bender RFB #NGF1-DB – Natural Gas Department of Administration Division of Facilities Development 101 East Wilson Street, 7th Floor Madison WI 53703

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COMPANY INFORMATION

Vendor shall provide details of its financial strength, stability, and credit. Identify whether the company is a natural gas agent, broker or marketer and your investment grade (Moody’s grade.)

COORDINATION

Explain how your company would handle transportation of supplies in excess of pipeline capacity, constraint days issued by the pipeline or the utility, your procedures and notification processes, coordination of gas nominations, billing, and balancing/cash out services with the State of Wisconsin facilities that are being served. Describe vendor’s pooling capabilities and benefits to the State.

2.2 REFERENCES

Submit at least three (3) but no more than five (5) public or private sector references in Wisconsin who can verify that your firm is capable of fulfilling the requirements of a contract similar to this one (e.g., multiple accounts with diverse needs) in a consistent and professional manner.

a. Company information; provide a brief overview of the company, including a description of the company’s history of performance and knowledge of gas operations in Wisconsin. Indicate how many years the company has been operating in Wisconsin.

b. Contact person – include name, address, and phone number for all communications for the bid.

c. Indicate if the account manager is a direct employee of the company.

d. Submit a resume for the vendor’s proposed account manager or representative outlining the individuals experience in the natural gas industry.

3.0 MANDATORY REQUIREMENTS OF BID

Failure to meet any mandatory requirement may result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 PERFORMANCE AND SUPPORT REQUIREMENTS

3.1.1 SERVICES

Account Management:

a. Vendor shall designate an account manager to provide natural gas management services. The account manager will serve as the State of Wisconsin’s point of contact for the vendor.

b. Bidder shall provide access to a secured web–based portal for the State to access all account specific information and reports.

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Examples of accounts specific reports are:

i. Monthly analysis reports

ii. Daily usage histories

iii. Monthly usage and peak analysis

iv. Hedge positions

v. Budget/Spending reports

Examples of market-based information shall include:

vi. Weekly Market summary

vii. Natural Gas Update

viii. Natural Gas Futures Update

ix. Historical NYMEX pricing

c. State if vendor provides annual energy conferences in Wisconsin covering the latest information on energy markets, regulatory and legislative changes, and product /service developments. State if vendor provides live webinar presentations covering the latest information on energy markets, regulatory and legislative changes, and product /service developments.

3.1.2 CUSTOMER SERVICE

a. Provide online account management information and access.

b. Vendor’s participation through phone or face to face meetings for quarterly review.

c. Provide 24 hours/day, 7 days/week availability.

d. Handling constraint days issued by the pipeline(s) and the utility(s).

e. Bidder shall respond to all telephone and e-mail communications within 24 hours.

f. Awarded vendors shall provide emergency contact information. This information shall include the name of the contact person(s) and their telephone numbers.

g. News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

3.1.3 DELIVERY OPTIONS (Primary Firm)

The State may require that the bidder provide contract documentation for primary firm capacity with the pipeline for the respective city gate.

A daily primary firm level is stated in the data usage sheet for each facility.

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3.1.4 NATURAL GAS MANAGEMENT:

a) Provide established natural gas services to manage state’s risk and exposure to natural gas price volatility.

b) Manage imbalances by forecasting usage daily and adjusting deliveries accordingly based on the daily forecasts.

c) Vendor shall be responsible for monthly and daily nominations. State shall provide daily nominations to the vendor when requested by the vendor.

d) In the absence of a specific nomination from the State, vendor shall establish monthly and daily nominations based on historical usage and current consumption rates.

e) Vendor shall be responsible for balancing all gas flows to ensure that the

State receives required natural gas supplies and to minimize balancing/cash out fees.

f) Vendor will not be permitted to suspend Primary firm deliveries of gas due to an economic constraint.

3.1.5 INVOICING

a. A detailed and itemized invoice for each utility meter listing all transactions for the month. Itemized items shall include the following:

i. First of month spot price

ii. First of month fixed price (commodity and/or basis)

iii. End of month pricing for variances from first of month nominations.

iv. Utility balancing and or cash out fees

v. Utility distribution fees

vi. Any additional fees that may apply

b. State requires a single consolidated summary invoice detailing all-natural gas supplies and services for all state gas accounts served by the vendor in this contract. It shall include all accounts served.

c. All invoices shall be based on actual usage and not nominated usage.

Invoices should be received no later than the 10th business day of the month following delivery via mail & e-mail.

d. Provide an example invoice with your bid including line-item invoicing details as requested in paragraph (a) above.

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3.1.6 PRICING:

a. All-natural gas deliveries to the identified meters shall be primary firm.

b. Vendor shall provide NYMEX last day settlement (LDS) basis pricing.

c. The term to be provided is for April 1, 2022, through March 31, 2023.

d. Basis pricing shall be quoted using primary firm and shall include all costs to the city gate (i.e., fuel, taxes vendor margin).

The vendor will use the load to quote provided by the state for each area (Bid Form). Other costs such as utility cash out and/or balancing and end of month pricing for variances for monthly nominated gas versus actual monthly consumption will be shown separately.

e. Identify & explain how all costs associated with utility or pipeline balancing/cash out are applied. Identify if vendor will be using pipeline or utility services for balancing or cashing out the states daily and/or monthly imbalances.

f. Identify any other costs, not identified above such as hedging, management fees, administration fees, and additional charges for consolidated billing, associated with services requested in this RFB that have not been covered elsewhere in this cost proposal.

g. Fixed: Shall mean a constant price portion of the contract term.

h. Vendor shall provide a monthly price confirmation by the 10th business day of the delivery month listing the first of the month price and volumes for each gas account served by the vendor.

i. Should the contractor’s cost decrease during the term of the contract, the contractor shall immediately notify the State. Such cost decreases shall become effective to the State the same date the decrease is effective to the contractor.

j. Vendor shall provide the same monthly cash out price to all facilities located in a utility’s service area.

3.1.7 ONGOING COMMUNICATION

Bidder shall designate a person(s) to provide on-going communication for the following services on the Bidder Required Form, Section 2: Bidder Contacts:

Bid/Proposal -Contract Renewal/cancellation, contractual issues

Affirmative Action Plan

Ordering and billing- coordinate services, ordering, expedite deliveries, invoice information

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3.2 BID AREAS:

All facilities will use primary firm. Vendors may provide price quotes on any or all areas below.

Vendors will identify which areas they are willing to serve. A vendor is not required to serve all areas.

Area 13: Primary Firm Utility: WGC Pipeline(s): ANR, NN and Guardian

Central Garage Coggs Ctr.

Crime Lab – (St of WI) Felmers Chaney Correctional Center Lapham Building Marshall Sherrer Correctional Center Milwaukee Women's Correctional Center Mitchell Park Greenhouse Parks Maintenance Pulaski Pool UW Milwaukee UWM Services & Research Center UW Milwaukee Great Lakes Water Institute UW Milwaukee Innovation Campus UW Milwaukee Kenilworth SQ Apartments UW Milwaukee School of Public Health UW Stevens Point Main Building Marshfield Center UW Stevens Point Marshfield Center UWM at Washington County UWM Real Estate Foundation UWM Riverview Residence Hall UWM Real Estate Foundations UWM Cambridge Commons Vel Phillips JJC Wilson Pool Zoo Admin Building & Flamingo Cafe Zoo Animal Hospital Zoo Apes/Primates Zoo Aquatic & Reptile Ctr.

Zoo Aviary Zoo Bird Winter Holding & Hort. Office Zoo Commis/Garage Zoo Dairy Building Zoo Giraffe House Zoo Lion House/Winter Qtrs.

Zoo Pachyderm/Big Cats Zoo Peck Center Zoo Small Mammal

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Area 14– Primary Firm Utility: WEGO Pipeline(s): ANR, NN & Guardian

Fox Valley Technical College Kenosha Correctional Center Racine County Human Services Racine County Public Works Racine Youthful Offender Correctional Facility Sturtevant Transitional Facility UW Milwaukee at Waukesha UW Oshkosh at Fox Valley Waukesha State Office Building

Area 15: Primary Firm Utility: Alliant Pipeline(s): ANR, NN

UW Whitewater at Rock County

Area 16: – Primary Firm Utility: WPS Pipeline(s): ANR

Drug Abuse Correctional Center UWGB at Marinette Gym UWGB at Marinette Main Building UWGB at Sheboygan Science Business Office UWGB at Sheboygan Fine Arts UWGB at Sheboygan Main Building Winnebago Correctional Center

Area 17- Primary Firm Utility: MG&E Pipeline(s): ANR, NN Dept. of Administration (DATCP) Dept. of Administration (Hygiene Lab) Hill Farms State Office Building Oak Hill Correctional Institution (Firm meter) Oregon Correctional Center Revenue Building State Archive and Preservation Facility Tommy G. Thompson Center University of Wisconsin Admin UW Madison Charmany Farms Wisconsin Dept. of Transportation

3.3 FACILITIES & LOCATION

FACILITY NAME LOCATION

1 Central Garage 10320 W Watertown Plank Rd Milwaukee, 53226

2 Coggs Ctr. 1220 W. Viliet St., 53205

3 Crime Lab – (St of WI) 1578 S. 11th St. Milwaukee, WI 53204-2860

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4 Felmers Chaney Correctional Center 2825 N 30th St, Milwaukee, WI 53210-2051

5 Lapham Building 0930 W. Lapham St., 53214

6 Marshall Sherrer Correctional Center 1318 N 14th St. Milwaukee, WI 53205-2520

7 Milwaukee Women's Correctional Center 615 West Keefe Ave. Milwaukee, WI 53212-1465

8 Mitchell Park Greenhouse 524 S. Layton Blvd., 53215

9 Parks Maintenance 1150 N. 68th St., 53213

10 Pulaski Pool 2701 S. 16 St., 53215

11 UW Milwaukee UWM Services & Research Center 115 E Reindl Way, Milwaukee, WI 53212-1255

12 UW Milwaukee Great Lakes Water Institute 600 Greenfield Ave. Milwaukee, WI 53204-2944

13 UW Milwaukee Innovation Campus 1225 Discovery PKWY. Wauwatosa, WI 53226-1339

14 UW Milwaukee Kenilworth SQ Apartments 2185 N Prospect Ave, Milwaukee, WI 53202-1110

15 UW Milwaukee School of Public Health 1240N 10th ST. Milwaukee, WI 53205-2557

16 UW Stevens Point Main Building Marshfield Center 2000 W 5th St, Marshfield, WI 54449-3310

17 UW Stevens Point Marshfield Center 2000 W 5th St, Marshfield, WI 54449-3310

18 UWM at Washington County 400 S University Dr. West Bend, WI 53095-3619

19 UWM Real Estate Foundation UWM Riverview Residence Hall

1164 E North Ave. Milwaukee, WI 53212-3516

20 UWM Real Estate Foundations UWM Cambridge Commons

2323 N Cambridge Ave. Milwaukee, WI 53211-4377

21 Vel Phillips JJC 10201 W Watertown Plank Rd., 53226

22 Wilson Pool 4001. S 20th St., 53221

23 Zoo Admin Building & Flamingo Cafe 10001 W Bluemound Rd, 53226

24 Zoo Animal Hospital 10001 W. Bluemound Rd, 53226

25 Zoo Apes/Primates 10001 W Bluemound Rd, 53226

26 Zoo Aquatic & Reptile Ctr. 10001 W Bluemound Rd, 53226

27 Zoo Aviary 10001 W Bluemound Rd, 53226

28 Zoo Bird Winter Holding & Hort. Office 10001 W Bluemound Rd, 53226

29 Zoo Commis/Garage 10001 W Bluemound Rd, 53226

30 Zoo Dairy Building 10001 W Bluemound Rd, 53226

31 Zoo Giraffe House 10001 W Bluemound Rd, 53226

32 Zoo Lion House/Winter Qtrs. 10001 W Bluemound Rd, 53226

33 Zoo Pachyderm/Big Cats 10001 W Bluemound Rd, 53226

34 Zoo Peck Center 10001 W Bluemound Rd, 53226

35 Zoo Small Mammal 10001 W Bluemound Rd, 53226

36 Fox Valley Technical College 1825 N Bluemound DR Appleton WI 54914-1643

37 Kenosha Correctional Center 6353 14th AVE. Kenosha, WI 53143-4903

38 Racine County Public Works 1400 Washington AVE. Sturtevant, WI 53177-1251

39 Racine County Human Services 1717 Taylor AVE. Racine, WI 53403-2405

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40 Racine Youthful Offender Correctional Facility 1501 Albert St, Racine, WI 53404-2713

41 Sturtevant Transitional Facility 9351 Rayne Rd, Sturtevant, WI 53177-1842

42 UWM at Waukesha 1500 University DR. Waukesha, WI 53188-2720

43 UWO at Fox Valley 1478 Midway RD. Menasha, WI 54952-1224

44 Waukesha State Office Building 141 NW Barstow ST. Waukesha, WI 531686-3789

45 UW Whitewater at Rock County 2909 Kellogg Ave, Janesville, WI 53545

46 Drug Abuse Correctional Center 4280 N Sherman Rd, Winnebago, WI 54985

47 UWGB at Marinette Gym 1125 University Ave, Marinette, WI 54143-4122

48 UWGB at Marinette Main Building 750W. Bay Shore St. Marinette, WI 54143-4253

49 UWGB at Sheboygan Main Building 1 University Ave Dr. Sheboygan, WI 53081-4760

50 UWGB at Sheboygan Science - Business Office 1 University Ave Dr. Sheboygan, WI 53081-4760

51 UWGB at Sheboygan Fine Arts 1 University Ave Dr. Sheboygan, WI 53081-4760

52 Winnebago Correctional Center 4290 N Sherman Rd, Winnebago, WI 54985

53 Dept. of Administration (DATCP) 2811 Agriculture Dr. Madison, WI 53718 54 Dept. of Administration (Hygiene Lab) 2601 Agriculture Dr. Madison WI 53718

55 Hill Farms State Office Building 4822 Madison Yards Way, Madison, WI 53705

56 Oak Hill Correctional Institution (Firm meter) 5200 County Rd M 10, Fitchburg, WI

57 Oregon Correctional Center 5140 County Rd, M HM, Oregon, WI 53713

58 Revenue Building 2135 Rimrock Rd. Madison WI

59 State Archive and Preservation Facility 204 S. Thornton Ave. Madison, WI 53703

60 Tommy G. Thompson Center 201 W. Washington Ave. Madison WI 53703

61 UW Madison Admin 30. E. Campus Mall, Madison WI 53715

62 UW Madison (Charmany Farms) 5801 Mineral Point, #11, Madison, WI

63 Wisconsin Dept. of Transportation 3502 Kinsman BL. Madison, WI 53704

4.0 SPECIAL TERMS AND CONDITIONS OF BID

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

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions.

Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State. All requirements in this section are mandatory and shall be met with no additional cost to the State.

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4.1 PAYMENT TERMS AND INVOICING

Contractor shall accept payment from Authorized User by check or electronic funds transfer.

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

4.2 CONTRACT AUDITS AND CREDITS

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems. If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to DOA within thirty (30) calendar days of notification of the problem.

4.3 CERTIFICATES OF INSURANCE

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.

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

4.4 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.

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In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract.

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

Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided.

The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION:

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

• Fails to perform any material obligation required under the Contract

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

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

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of s. 77.66 of the

Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability.

• Fails to submit a non-discrimination or affirmative action plan as required in the Standard

Terms and Conditions (DOA-3054)

• Fails to follow the non-discrimination or affirmative action requirements of such. 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

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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5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

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

DATE EVENT

January 14, 2022 Date of Issue of the RFB January 28, 2022 Date Questions Due

February 4, 2022 Responses to Questions (estimated)

February 11, 2022, 2:00 PM CT Bids Due from Bidders

February 25, 2022 Anticipated Award Date (estimated)

April 1, 2022 Contract Start Date (estimated)

5.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by January 28, 2022, 2:00 PM CT. If at any time prior to the Bid due date a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the DFD representative named below of the issue in writing and request modification or clarification of the RFB document.

6.0 BID ACCEPTANCE AND AWARD

6.1 BID OPENING

There shall be no public bid opening. However, upon request names of all bidders will be provided.

Email is the preferred method of written contact. Please email to: david.bender@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #NGF1 – DB and shall be directed to David Bender, Enterprise Contract Officer.

If you have any technical questions regarding this bid, please contact David Bender, Division of Facilities Development at (608) 266-1008.

If it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted to VendorNet.

All contact or communication with any employee or officer of the State of Wisconsin concerning

DETAIL CONDITIONS p a g e 22 of 50 this RFB, except David Bender is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. David Bender may authorize in writing contact or communication with another State employee or officer as circumstances may dictate.

6.2 BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. The Department of Administration in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

6.3 BID REVIEW

All Bids will be reviewed by DOA/DFD to ensure compliance with submittal requirements.

DOA/DFD shall be the sole judge as to Bidders' compliance with the Bid instructions.

6.4 METHOD OF AWARD

Responses will be reviewed by the State to verify that they will meet all specified requirements in this bid. This verification may include contacting references furnished in the Vendor's response, requesting reports on the Vendor's financial stability. Vendors may not contact the State's reviewer(s) except at the State's request.

All submitted responses will be evaluated for mandatory requirements. Any bidder who does not comply with instructions or are unable to comply with specifications contained in this bid may be rejected by the State.

The award shall be made to the bidder who meets all specifications of the State of Wisconsin and has the lowest guaranteed total annual cost for the individual bid area.

The State retains the right to accept or reject any or all responses or accept or reject any part of a response deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this bid

At the time, the state fixes first of the month basis with the awarded vendor, the state will verify the new price is still at market. If not, the state retains the right to request a quote from the other bidder(s) to verify and the state may award the contract to whichever bidder is lower.

6.5 BIDDER REFERENCES/CLIENT LIST

The Bid shall include Bidder references by completing DOA-3832, listing at least (3) three names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last (3) three years. For each organization listed, the Bidder

DETAIL CONDITIONS p a g e 23 of 50 shall include the company name, address, contact person, email address, and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The Procuring Agency will determine which references to contact to assess the quality of the product or service.

6.6 USE OF SUBCONTRACTORS

The Contractor will be responsible for the Contract performance of its subcontractors. The Contract will be between the Department of Administration and the awardee. The Contractor will be responsible for its subcontractors' performance of the pertinent Contract obligations including related Specifications, insurance requirements, and applicable regulations.

The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract.

All subcontractors shall be approved in writing by the Procuring Agency. Any proposed substitution of an approved subcontractor shall be submitted in writing to the Department of Administration 30 days prior to implementation of the substitution, and include the substitute's qualifications, the reason for the change, and the intended effective date of the substitution.

Failure to notify the Procuring Agency may result in cancellation of the Contract without notice and without penalty to the State.

6.7 SUPPLIER DIVERSITY

6.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

Minority-Owned Business Enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (An MBE Bidder preference will not be considered on a printing or stationery procurement.)

This policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and Services incidental to this agreement.

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

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A listing of certified MBEs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

6.7.2 VETERAN-OWNED BUSINESS

The DFD encourages the participation of Veteran-Owned Businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037). There is no price preference for certified VBs that compete for State Contracts.

Contact the DVA at: http://dva.state.wi.us.

6.7.3 DISABLED VETERAN-OWNED BUSINESS

Disabled Veteran-Owned Businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.)

This policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and Services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the Services and commodities they provide, is

6.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

Woman-Owned Business Enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

DETAIL CONDITIONS p a g e 25 of 50 https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

State-certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking Contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the Services and commodities they provide, is

6.8 DEBARMENT

Federal Executive Order (E.O.) 12549 "Debarment" requires that all contractors receiving individual awards using federal funds and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal…