RFB SCOB- 510459.pdf

Bid #510459

Street and Highway Overhead Lighting Luminaires Accessories and Parts

Request for Bid (RFB)

#510459

Issued by:

The State of Wisconsin

Department of Transportation

Questions Due by:

March 22, 2022 by 2:00pm CDT

Bids Due by:

April 12, 2022 by 2:00pm CDT

Bids must be submitted in eSupplier

For further information regarding this RFB, contact:

Hazel Cybart-Fuson Schuster at hazel.cybartfusonschuster@dot.wi.gov

SPECIAL CONDITIONS OF BID

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1 GENERAL INFORMATION AND SCOPE

1.1 SCOPE

1.2 DEFINITIONS

1.3 CONTRACT TERM

1.4 ENDORSEMENTS, TESTIMONIALS, AND PROMOTIONAL ACTIVITIES

1.5 COOPERATIVE PURCHASING AND PIGGYBACKING

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

3 SPECIFICATIONS

4 SPECIAL TERMS AND CONDITIONS

4.1 SAMPLES

4.2 CONTRACT QUANTITIES/NEW OR DELETED ITEMS

4.3 DELIVERY

4.4 FREIGHT CHARGES

4.5 SHIPMENTS, DUPLICATES AND OVER SHIPMENTS

4.6 INSURANCE REQUIREMENTS

4.7 WARRANTY

4.8 SAFETY NOTICES/RECALLS

4.9 SUBCONTRACTING OR THIRD PARTY PAYMENTS

4.10 LIQUIDATED DAMAGES

4.11 FIRM PRICES

4.12 ORDERS

4.13 INVOICING REQUIREMENTS

4.14 REPORTING REQUIREMENTS

4.15 ORDER OF PRECEDENCE

4.16 CONTRACTOR MAJOR STRUCTURAL CHANGE

4.17 ENERGY STAR REQUIREMENTS

5 BID PROCEDURE AND INSTRUCTIONS

5.1 REASONABLE ACCOMMODATIONS

5.2 CALENDAR OF EVENTS

5.3 QUESTIONS

5.4 METHOD OF BID

5.5 PROPRIETARY AND CONFIDENTIAL INFORMATION

5.6 BID RESPONSE REQUIREMENTS

5.7 BID SUBMISSION

5.8 MULTIPLE BIDS

5.9 INCURRING COSTS

5.10 WISCONSIN PUBLIC RECORDS LAW

5.11 WISCONSIN ESUPPLIER REGISTRATION

6 BID OPENING, ACCEPTANCE AND AWARD

6.1 BID OPENING

6.2 BID ACCEPTANCE

6.3 BASIS FOR BID AWARDS

6.4 METHOD OF AWARD

6.5 RECEIVING AND ACCEPTANCE OF PURCHASED GOODS AND SERVICES

6.6 MINORITY BUSINESS ENTERPRISE / DISABLED VETERAN OWNED BUSINESS PARTICIPATION

6.7 TERMS AND CONDITIONS

6.8 CONTRACT CANCELLATION

6.9 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

7 ATTACHMENTS

Attachment A DVB/MBE Program Awareness, Compliance and Action Plan Attachment B DVB/MBE Monthly Participation Report Attachment C Specifications Attachment D List of Delivery Locations Attachment E Bid Price Sheet Department of Transportation QPL:

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx Wisconsin Department of Transportation Section 659: Lighting (wisconsindot.gov)

DOA 3832

DOA 3054

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/659.aspx

1 GENERAL INFORMATION AND SCOPE

The Wisconsin Department of Transportation (WisDOT or DOT), through its Purchasing Unit (Purchasing), requests bids to establish a contract for the purchase of Street and Highway Overhead Lighting Luminaires Accessories and Parts.

The resulting contract shall be governed by the attached Standard Terms and Conditions unless specifically modified in this Request for Bid document. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement.

1.1 Scope

This bid will be used to establish a contract for the purchase of Light-Emitting Diode (LED) Highway Overhead Luminaires and the related products necessary for their maintenance, use, and installation as deemed necessary by WisDOT.

LED Highway luminaires are used in new construction and to upgrade and replace older. They are also used as replacements due to accident and acts of nature. LED highway luminaires are used throughout the State.

1.2 Definitions

The following definitions are used throughout the RFB documents:

Agency: The Wisconsin Department of Transportation Bidder/Vendor: A company or individual submitting a bid response to this RFB Contractor: Bidder awarded the contract Department: The Wisconsin Department of Transportation DOT or WisDOT: The Wisconsin Department of Transportation LED: Light-emitting diode, a type of light QPL: Qualified Product List State: The State of Wisconsin

1.3 Contract Term

WisDOT intends to utilize the results of this RFB to award a contract. Retain a copy of these bid documents and any addenda for your files. The RFB document and the awarded bidder’s response shall become the contract unless a separate contract is executed.

The initial term of this contract shall be for one year beginning on date of award, with four (4) one-year renewal options by mutual consent. Any extension beyond the renewal options must be authorized by mutual agreement of the Contractor and WisDOT.

As required by Wisconsin Statutes, continuance of a contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds and the termination of the contract by lack of appropriation shall be without penalty to WisDOT. WisDOT does not guarantee to purchase any specific quantity during each contract term.

When WisDOT utilizes the renewal option(s), WisDOT will automatically renew the contract into its subsequent years unless Purchasing is notified, in writing, by the Contractor 90 calendar days prior to expiration of the initial and/or succeeding contract period(s).

1.4 Endorsements, Testimonials, and Promotional Activities

Any unauthorized reference to or use of the State of Wisconsin, the Great Seal of the State, the Wisconsin Coat of Arms, any agency or other subunits of Wisconsin state government, or any state official or employee, for commercial promotion is strictly prohibited.

1.5 Cooperative Purchasing and Piggybacking

Wisconsin Statutes (s. 16.73, Wis. Stats.) established authority to allow Wisconsin municipalities to purchase from State contracts. For cooperative bidding purposes, a Vendor Agreement is highly desired for this RFB. Complete DOA 3832 of the Bid Document and return with your bid. Additional units may be purchased by agreeing to extend the contract to other municipalities and state agencies through piggybacking.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

To be eligible for a contract award, you must be qualified and able to provide the following. Respond below and on attached DOA 3832.

2.1 Bidder must be an original manufacturer, or distributor and/or dealer authorized by manufacturer.

Comply Does Not Comply

2.2 Bidder must supply references of three (3) firms to which similar products have been provided during the past three (3) years to a comparable-sized institution or company. WisDOT may also utilize other pertinent sources of information regarding products provided by the bidder. If contacted, all of those references must verify that a high level of satisfaction was provided. Use DOA 3832 to list references.

WisDOT employees must not be listed as references.

2.3 Bidder must be in the business of LED Highway Luminaires for the past three (3) years.

2.4 Pursuant to WI State Statute 16.705, all services provided under this contract must be performed in the

United States.

2.5 Bidder must provide a statement of their Warranty Policy on any service, workmanship, or parts they may provide.

2.6 Bidder must be prepared to honor a minimum 10-year warranty from date of installation, for defective workmanship and or replacement of defective products/materials, at minimum, in addition to the manufacturer’s standard warranty. Indicate warranty terms and enclose standard warranty documents with your bid. See section 4.7 for additional requirements.

2.7 Bidder must disclose if any State of Wisconsin employee would provide services relating to the agreement resulting from this solicitation. See Supplemental Standard Terms and Conditions (DOA 3054), section 4.0, Dual Employment or 5.0, Employment.

2.8 Bidder is required to submit their return policy.

2.9 The awarded bidder shall be able to provide reports on all products purchased against an awarded contract. Reports shall be provided in the format and timeframe as requested. See Section 4.14.

2.10 The awarded bidder acknowledges that only products approved by the State of Wisconsin and as defined by the State issued Qualified Product List shall be bid: http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx and Wisconsin Department of Transportation Section 659: Lighting (wisconsindot.gov)

3 SPECIFICATIONS

The specifications and/or items identified on the Bid Price Sheet (Attachment C), and as identified on the State of Wisconsin QPL, and as further defined in Section 659 Lighting, contain the minimum acceptable specifications for products. Vendors providing a bid for an alternative manufacturer and/or product shall be disqualified.

See Specifications in Attachment C for additional information.

See the State of Wisconsin QPL for specifications:

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx

Wisconsin Department of Transportation Section 659: Lighting (wisconsindot.gov)

Purchasing reserves the right to delete any specification or condition of bid if no bidder is able to comply with a given specification or condition of bid. Failure to meet specification requirements may disqualify your bid.

All attachments, documents, price lists, etc. to support your bid, must include the bid number #510459.

Bid specifications may not be revised without an official written addendum issued by Purchasing.

4 SPECIAL TERMS AND CONDITIONS

4.1 Samples

Bidders may be required to submit samples for testing or control against product specifications. These samples are to be without expense or obligation to WisDOT. Samples requested after bids are open must be delivered to the designated location within the time specified in that request.

WisDOT shall evaluate all samples requested in an identical manner to determine whether the products delivered conform to the specifications.

WisDOT shall reject samples NOT meeting bid specifications. The bidder shall be notified in writing by WisDOT to pick up samples, at the bidders expense, within ten (10) working days of date of such notification. Any samples not picked up in the designated time period shall be disposed of as WisDOT sees fit.

Samples should be clearly labeled as “sample” and identified with bidder’s name, bid number, bid due date, and item number.

Failure to deliver samples within time designated shall disqualify your bid.

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/659.aspx https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/659.aspx

4.2 Contract Quantities/New or Deleted Items

WisDOT does not guarantee to purchase any specific quantity. Bids that state WisDOT must guarantee a specific quantity or dollar amount may be disqualified.

NEW OR DELETED ITEMS: WisDOT reserves the right to add to or remove from this contract products based on changes to standards unknown at the time of this bid. If additional products are added, contractor(s) prices must be comparable to current contract pricing for like products. Scope of work must be consistent with the current contract products.

Contractor should promptly notify Purchasing of new or discontinued products.

4.3 Delivery

Delivery shall be required within 45 calendar days after receipt of a purchase order. Failure to meet this delivery requirement may disqualify your contract.

The State may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s) if the Contractor(s) is then unable to furnish an acceptable product. Any difference in costs between the delivered contract price and the delivered price of such shipment(s) from another vendor may be deducted from any costs, which may be due to the Contractor. WisDOT reserves the right to bill the Contractor for cost differences.

Contractor is required to notify the ordering unit of any back order, discontinuation of product(s) or other delays in shipping within 72 hours of receipt of order. Back orders must not be cancelled without approval from WisDOT ordering unit. Failure to notify the ordering unit of these delays may result in cancellation of an order and/or contract. See section 4.10, Liquidated Damages.

4.4 Freight Charges

F.O.B. Destination Freight Included Delivery will be made by common carrier or bidder's truck, with unloading to be performed by the carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at various locations Statewide listed in Attachment D. Bid prices should include all costs; including but not limited to packing, transportation, labor, insurance charges and installation/operation manuals.

Fuel surcharges will not be allowed.

Duty charges (FOB=DDP Destination Duty Paid), if applicable (includes but not limited to documentation fees, freight, customs clearance, tax, etc.), must be included in the bid price.

Failure to bid FOB Destination Freight Included may disqualify your bid.

4.5 Shipments, Duplicates and Over Shipments

The State reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the Contractor(s) expense. The State will not be responsible for charges incurred as a result of a defective product. If the Contractor(s) is then unable to furnish an acceptable product, the State may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipment(s) from another vendor shall be deducted from any monies, which may be due to the Contractor.

WisDOT will notify the Contractor within 30 days receipt for the return of a duplicate shipment and the product must be removed within 30 days at the Contractor’s expense without a restocking fee or shipping charges. WisDOT reserves the right to dispose of the products and shall not be held liable for the cost.

WisDOT will notify the Contractor within 30 days receipt for the return of shipments ordered in error and the products must be removed within 30 days. WisDOT and the Contractor shall negotiate the terms of the restocking and shipping charges.

4.6 Insurance Requirements

Every contractor and all parties furnishing services or products to the Wisconsin Department of Transportation (WisDOT) or any of its subsidiary companies must provide WisDOT with evidence of the following minimum insurance requirements. In no way do these minimum requirements limit the liability assumed elsewhere in the contract. All parties shall, at their sole expense, maintain the following insurance:

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:

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 WisDOT 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. WisDOT 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 WisDOT, its subsidiaries, its agents, servants, invitees, employees, co-lessees, co-venturers, 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 WisDOT 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- 10 or better.

Mail to:

Wisconsin Department of Transportation

4822 Madison Yards Way, 8th Floor, South Tower Madison, WI 53705

4.7 Warranty

A minimum of a ten-year warranty for defective workmanship and/or replacement of defective products/materials of the contract is required in addition to any warranties provided automatically by the manufacturers of the products/materials. Provide manufacturers’ warranties.

4.8 Safety Notices/Recalls

Contractor must provide immediate notification to Purchasing and the Contract Manager of any recall notices, warranty replacements, safety notices, legal notices, and, potential and/or actual breaches in security involving sensitive products/access to facilities, etc. Failure to report this information may result in immediate termination of an order and contract.

4.9 Subcontracting or Third Party Payments

All subcontracting shall be pre-approved by WisDOT. Subcontractors must abide by all terms and conditions of the contract. The prime Contractor shall be responsible for all subcontractor(s) work and payment. WisDOT will not pay any subcontractor or third parties directly.

4.10 Liquidated Damages

This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the terms of this Request for Bid. Liquidated damages shall consist of $5 per business day per line item up to the item price for failure to deliver according to the Contractor specified delivery schedule. Liquidated damages will be deducted from payments on the invoice covering the late shipments, if the invoice is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount to cover the liquidated damages on a particular shipment, the agency may bill the contractor for the balance or may request cancellation of the invoice and a credit to cover the balance.

4.11 Firm Prices

Contractor must hold the accepted costs from time of bid through the entire contract period. Price increase requests must be received in writing by Purchasing at least 30 calendar days prior to the renewal date. Requests shall be justified with supporting documentation of industry-wide increases. If WisDOT deems cost increases are not acceptable, it reserves the right to award to the next lowest bidder or re-bid the contract in whole or part. Written acceptance or denial of price increases shall be provided to the Contactor.

If the Contractor’s cost decreases during the term of the contract, the Contractor shall immediately notify WisDOT. Such cost decreases shall become effective to WisDOT the same date the decrease is effective to the contractor. If WisDOT is not properly notified of price decreases, the pricing at the time of order will be used for invoice payment and the vendor will provide refunds or credits as necessary.

4.12 Orders

WisDOT may use the following methods to purchase from this contract:

• Specific (Contract Release) orders may be placed for one-time shipments.

• Contract Release Orders, blanket-type, may be issued by Purchasing for the State’s fiscal year time period, July 1 – June 30, to allow departmental personnel to call or fax for product or service against the order as needed.

• Purchasing card releases: placed by department personnel using their State purchasing card under WisDOT and State guidelines.

4.13 Invoicing Requirements

Invoices/Purchase Order:

WisDOT must meet a statutory mandate to pay or reject invoices within 30 days of receipt by WISDOT.

Before payment is made, WisDOT must verify that all invoiced charges are correct as per this contract.

Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

• Purchase order number

• Vendor name

• Remit to address

• The complete product description as stated on your bid

• Prices per the contract

• Dates of service

Send invoice to the bill-to address shown on the order.

Invoices/Purchasing card Orders placed by WisDOT using a purchasing card must reflect current contract pricing.

4.14 Reporting Requirements

WisDOT shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

4.15 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, and additional terms agreed to, in writing, by WisDOT and Contractor shall become part of the contract.

The following priority for contract documents will be used if there are conflicts or disputes:

1. The Contract Award document

2. Official Purchase Order

3. Bid response as accepted by WisDOT

4. WisDOT Request for Bid

4.16 Contractor Major Structural Change

The Contractor is required to provide Purchasing with a minimum 90 days written advance notice of any planned or potential structural change resulting in a new entity (merger, buyout, acquisition, consolidation, etc.). The Contractor may not assign the contract to the new entity without prior written approval from the Department, since the underlying procurement may be affected.

4.17 Energy Star Requirements

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) & the EPA. It is not mandatory that every device offered under this bid meet Energy Star Requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

5 BID PROCEDURE AND INSTRUCTIONS

5.1 Reasonable Accommodations

WisDOT will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/proposer conference, contact Hazel Cybart-Fuson Schuster Purchasing, at (608) 267-6977 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1-800-947-3529.

5.2 Calendar of Events

Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by posting an addendum to this RFB on eSupplier.

DATE EVENT

March 9, 2022 March 22, 2022 at 2:00PM CST March 29, 2022 April 12, 2022 at 2:00PM CST

Issue the RFB Date Written Vendor Questions Due Responses to Questions Posted to eSupplier Bids Due from Bidders to eSupplier

5.3 Questions

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the Purchasing Agent named below of such error and request modification or clarification of the bid document.

Communications or questions regarding the specifications, or special conditions of bid should be written and submitted through eSupplier as soon as possible, but no later than 3/22/2022. Questions may also be emailed to the purchasing agent listed below, the subject line must include the bid number RFB #510459.

Questions shall not be received nor addressed via telephone. Purchasing will respond to questions by issuing an official addendum, posted on eSupplier. It is the vendor’s responsibility to monitor eSupplier for addendum updates.

Submit questions in writing via email to: Hazel Cybart-Fuson Schuster, e-mail:

hazel.cybartfusonschuster@dot.wi.gov

5.4 Method of Bid

Bidder must submit a unit price and extended total for each brand the bidder is an authorized supplier. All prices must be quoted in U.S. Dollars. Bidders do not need to bid on all brands.

Bids requiring an order minimum may be disqualified.

Bidder must bid on the enclosed bid price sheet. Alternate formats will be rejected.

Bids may be disqualified if the bid price sheet is altered and not completed as designed.

5.5 Proprietary and Confidential Information

If the bidder designates any information in the bid as proprietary and confidential, the bidder must upload to eSupplier, in addition to the copies listed above, one electronic copy of the bid with all proprietary and confidential information redacted. This copy should be clearly marked “REDACTED COPY”. The documents must be in MS Word, MS Excel or PDF format.

5.6 Bid Response Requirements

Vendors must respond to the bid through eSupplier. Be sure to follow all directions and upload all required documents before the deadline. This is the only method of submittal. Emailed or mailed bids will not be accepted.

• Addendum Cover (Signature) Page(s), if applicable to this bid request

• Bid Price Sheet(s) (upload must be MS Excel)

• Responses to Section 2, Bidder Qualifications and Requirements

• DOA 3832

• DVB/MBE Program Awareness, Compliance & Action Plan, Attachment A

• Electronic copy of complete specifications and descriptive brochure or detail for the product(s) bid

• Manufacturer’s/Bidder’s warranty statement, see section 4.7

• Bidder’s Return Policy

• Bid samples, documents, contact lists, and any other deliverables required of the RFB

• All documents must be in MS Word, MS Excel or PDF format.

• Redacted version of the bid documents, see section 5.5

Failure to provide the forms/information with your bid submittal may disqualify your bid.

5.7 Bid Submission

Required materials (see section 5.6) must be received for acceptance of their bid by 04/12/2022 and 2:00pm CDT through eSupplier. Bids received after that time and date will be rejected.

Bids must not be emailed, mailed, or hand-delivered. Bids must be submitted through eSupplier.

5.8 Multiple Bids

Multiple bids from a Bidder will be allowed, however each bid must conform fully to the requirements for bid submission. Bidders must have multiple user IDs and passwords for WAMS to be able to enter multiple bids through e-Supplier. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

5.9 Incurring Costs

The State of Wisconsin is not liable for any cost incurred by a bidder in the process of responding to this

RFB.

5.10 Wisconsin Public Records Law

WisDOT and all records it retains are subject to Wisconsin Public Records law, sec. 19.31, et seq, Wis.

Stats. WisDOT will advise bidder of any request for records it has designated as proprietary or confidential.

5.11 Wisconsin eSupplier Registration

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/commodity. Vendors who obtain the RFB from a third party, through the State of Wisconsin Public Notices website, or by any other means assume the responsibility for checking for updates to the RFB.

The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the Internet at https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Bidders may use the same Web site address for inclusion on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a State agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for bid in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive e-mail notices of these simplified bid opportunities. There is no cost to vendors to register for this system.

6 BID OPENING, ACCEPTANCE AND AWARD

6.1 Bid Opening

A public Bid opening will be held via Skype on 4/12/2022 at 2:30 p.m. CT. The names of all Vendors may be read aloud at that time. All interested parties must contact Hazel Cybart-Fuson Schuster at hazel.cybartfusonschuster@dot.wi.gov by 4/11/2022 to receive call-in information.

6.2 Bid Acceptance

WisDOT shall review all materials submitted in response to this bid in an identical manner to determine specification compliance. Bids which do not comply with specifications contained in this RFB will be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the specifications contained in this RFB.

6.3 Basis for Bid Awards

Awarding contracts and rejecting bids are public actions and the procuring agencies performing these functions are guided by the course of action that best promotes the public interest. It is the duty and authority of the procuring agency to exercise good judgment, due diligence, and to honestly and fairly determine the lowest responsible bidder(s).

6.4 Method of Award

An award shall be made on the basis of the lowest total cost by brand from a responsive, responsible bidder who meets specifications. The right is reserved, however, to make an award on the unit price per item, whichever is judged to be in the best interest of WisDOT.

Timeliness of delivery may be considered when determining this award.

In the event of Bidder error in calculation, unit price shall prevail in award or may disqualify your bid.

Volume discounts shall not be considered when determining award. However, they shall apply to orders issued on this contract.

6.5 Receiving and Acceptance of Purchased Goods and Services

Unless otherwise specified in a contract, acceptance is a manifestation of assent by an agency to the terms, services, deliverables or other items offered by the contractor, after inspection. If an agency does not accept that a service has been satisfactorily performed by a contractor, it will notify the contractor immediately and document the cause for non-acceptance.

6.6 Minority Business Enterprise / Disabled Veteran Owned Business Participation Wisconsin statutes support purchasing goods/service from state certified Minority Business Enterprises (MBEs) and Disabled Veteran-owned Businesses (DVBs) located in Wisconsin. The Wisconsin Department of Transportation is committed to the promotion of state certified minority and disabled veteran-owned businesses in the State’s purchasing program.

An MBE means a business certified, or certifiable, by the Wisconsin Department of Administration under Statute 560.036(2). Authority for the Minority Business Enterprise (MBE) program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755.

A DVB means a business certified, or certifiable, by the Wisconsin Department of Administration (DOA), Wisconsin Supplier Diversity Program under Statute 16.283 (3). "Disabled veteran" means a person who is verified by the Department of Veterans Affairs as being all of the following at the time the person applies for certification:

1. A veteran as defined in s. 45.01(12),

2. A resident of this state, and

3. A person who is in receipt of an award from the U.S. Department of Veterans Affairs of a service– connected disability rating under 38 USC 1114 or 1134 of at least 30%.

Bidders who feel that they qualify, should seek certification from the Wisconsin Department of Administration, Wisconsin Supplier Diversity Program. Details of program certification are located at:

https://wisdp.wi.gov/

Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to state-certified MBEs and DVBs and/or by using such enterprises to provide goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 6% of the contract cost to such enterprises (5% MBEs, 1% DVB).

Bidders must submit the attached WisDOT MBE / DVB Program Awareness, Compliance & Action Plan (Attachment A) indicating their proposed utilization of state-certified minority businesses for this contract. Contact the State’s Minority Business Manager for assistance in locating certified firms at (608) 267-9550. A listing of State of Wisconsin certified minority businesses, as well as the services and commodities they provide, is on the State-certified MBE web site: https://wisdp.wi.gov/Search.aspx.

Monthly reports (Attachment B) are requested to be submitted to WisDOT’s Purchasing Unit via email to DOTCentralPurchasing@dot.wi.gov, itemizing the deliveries and cost of items or services provided by certified firms. Reports should state the costs for the previous contract month. The Department reserves the right to verify with listed firms their involvement as subcontractors or second-tier suppliers.

6.7 Terms and Conditions

The Standard and/or Supplemental Terms and Conditions provided with this document represent the terms and conditions which will apply to this contract. Vendors may not submit their own contract document as a substitute for these terms and conditions.

6.8 Contract Cancellation

This Contract may be terminated by either party under the following conditions:

A. Please review section 13.0 and 24.0 of the Standard terms and Conditions of Bid. WisDOT may terminate the contract at any time at its sole discretion by delivering five (5) calendar days written notice to the Contractor.

If the problem is service performance, Contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor may be given a period of time to ‘cure’ the performance. If the performance does not improve Contractor will be given ten (10) calendar days’ written notice that the contract will be cancelled. WisDOT shall be the sole judge on service performance.

Upon termination, WisDOT’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

B. In the event the Contractor terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Department purchasing agent not less than 60 days prior to said termination. The Contractor will, in turn, refund the Department, within 30 days of said termination, all payments made hereunder by the Department to the Contractor for work not completed.

https://wisdp.wi.gov/ https://wisdp.wi.gov/Search.aspx mailto:DOTCentralPurchasing@dot.wi.gov

C. WisDOT has the right to cancel and terminate the Contract without notice if at any time the Contractor (including Subcontractors) performance threatens the health, safety, and/or security of WisDOT or the general public.

D. WisDOT has the right to cancel and terminate the Contract without notice if the Contractor fails to maintain and keep in force the insurance as provided in #23.0 of the Standard Terms and Conditions.

E. WisDOT has the right to cancel and terminate the Contract without notice if the Contractor fails to maintain and keep in force required certificates, permits, and licenses.

F. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, WisDOT has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 calendar days notice in writing of such termination.

G. WisDOT must seek approval of the State Use Board prior to termination of a Work Center.

6.9 Certification for Collection of Sales and Use Tax

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or Contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

7 Attachments

Attachment A DVB/MBE Program Awareness, Compliance and Action Plan Attachment B DVB/MBE Monthly Participation Report Attachment C Specifications Attachment D List of Delivery Locations Attachment E Bid Price Sheet Department of Transportation QPL:

http://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/tools/prods/qpl.aspx Wisconsin Department of Transportation Section 659: Lighting (wisconsindot.gov)

DOA 3832

DOA 3054

7 Attachments