RFP 28314-JM Hazadous Waste - FINAL.rtf.pdf

REQUEST FOR

PROPOSAL

Hazardous Waste Services

28314-JM

Issued Date: April 30, 2019

Responses Due: May 28, 2019 2:00PM CST

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Table of Contents

1 RFP_GENERAL INFORMATION

1.1 RFP_INTRODUCTION AND PURPOSE

1.2 RFP_SCOPE OF WORK

1.3 RFP_PROCURING AND CONTRACTING AGENCY

1.4 RFP_DEFINITIONS

1.5 RFP_CLARIFICATIONS AND/OR REVISIONS TO THE SPECIFICATIONS AND

REQUIREMENTS

1.6 RFP_NEWS RELEASES

1.7 RFP_VENDOR CONFERENCE; QUESTIONS

1.8 RFP_REASONABLE ACCOMODATIONS

1.9 RFP_CALENDAR OF EVENTS

1.10 RFP_CONTRACT TERM AND FUNDING

1.11 RFP_COOPERATIVE PURCHASING

1.12 RFP_WISCONSIN eSUPPLIER PORTAL REGISTRATION

2 RFP_PREPARING AND SUBMITTING A PROPOSAL

2.1 RFP_GENERAL INSTRUCTIONS

2.2 RFP_INCURRING COSTS

2.3 RFP_COMPLETE RESPONSES

2.4 RFP_SUBMITTING THE PROPOSAL

2.4.1 RFP_ELECTRONIC PROPOSAL SUBMITTAL (STRONGLY PREFERRED)

2.4.2 RFP_HARD COPY PROPOSAL SUBMITTAL

2.5 RFP_BUILDING SECURITY POLICY

2.6 RFP_PRESENTATIONS; DEMONSTRATIONS

2.7 RFP_MULTIPLE PROPOSALS

2.8 RFP_WITHDRAWL OF PROPOSALS

2.9 RFP_LATE PROPOSALS

3 RFP_PROPOSAL SELECTION AND AWARD PROCESS

3.1 RFP_PRELIMINARY EVALUATION

3.2 RFP_EVALUATION COMMITTEE

3.3 RFP_ACCEPTED PROPOSALS

3.4 RFP_EVALUATION CRITERIA

3.5 RFP_SUPPLIER DIVERSITY

3.5.1 RFP_MINORITY-OWNED BUSINESS ENTERPRISE

3.5.2 RFP_VETERAN-OWNED BUSINESS

3.5.3 RFP_DISABLED VETERAN-OWNED BUSINESS

3.5.4 RFP_WOMAN-OWNED BUSINESS ENTERPRISE

3.6 RFP_RIGHT TO REJECT PROPOSALS

3.7 RFP_AWARD AND FINAL OFFERS

3.8 RFP_CONTRACT NEGOTIATION

3.9 RFP_CONTRACT NEGOTIATIONS IMPASSE

3.10 RFP_NOTIFICATION OF INTENT TO AWARD

3.11 RFP_PROTEST AND APPEALS PROCESS

3.11.1 RFP_PROTEST PROCESS

3.11.2 RFP_APPEALS PROCESS

3.12 RFP_EXECUTED CONTRACT

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3.13 RFP_TERMINATION OF CONTRACT

3.13.1 RFP_NOTIFICATION OF NON PERFORMANCE

3.13.2 RFP_PERFORMANCE REMEDIES

4 RFP_MANDATORY PROPOSAL REQUIREMENTS

4.1 RFP_SERVICES PERFORMED WITHIN THE U.S

4.2 RFP_DEBARMENT

4.3 RFP_PROPOSER REFERENCES

4.4 RFP_CUSTOMER SERVICE AND COMMUNICATIONS

4.5 RFP_WASTE PICKUP SCHEDULING

4.5.1 RFP_CORRECTIONAL FACILITIES

4.5.2 RFP_MILITARY INSTALLATIONS

4.6 RFP_PACKAGING AND LABELING

4.7 RFP_SPILLS AND BREAKAGE

4.8 RFP_SHIPPING AND PROCESSING DOCUMENTS

4.9 RFP_TRANSPORTATION AND PROCESSING

4.10 RFP_TRANSPORTER IDENTIFICATION

4.11 RFP_WASTE SITE AUDITS

4.12 RFP_CONTRACT TERMINATION HISTORY

4.13 RFP_ORGANIZATIONAL CAPABILITIES

4.13.1 RFP_SAFETY/LEGAL REQUIREMENTS

4.13.2 RFP_LICENSING

4.13.3 RFP_CERTIFICATES

4.13.4 RFP_APPLICABLE LAWS

4.13.5 RFP_CONTRACT MEETINGS

4.13.6 RFP_STAFF QUALIFICATIONS

4.14 RFP_WASTE STREAMS TO BE MANAGED

4.14.1 RFP_CHARACTERISTIC HAZARDOUS WASTES

4.15 RFP_LAMP RECYCLING REQUIREMENTS

4.15.1 4.15.2 4.15.3 4.15.4 4.15.5 4.15.6 4.15.7

4.16 RFP_NON PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS

4.17 RFP_PCB-CONTAINING BALLAST RECYCLING REQUIREMENTS

4.17.1 4.17.2 4.17.3 4.17.4 4.17.5 4.17.6

4.18 RFP_PCBs FROM OTHER MEDIA AND EQUIPMENT REQUIREMENTS

4.18.1

4.19 RFP_RECHARGEABLE BATTERY RECYCLING REQUIREMENTS

4.19.1 4.19.2

4.20 RFP_NON-RECHARGEABLE BATTERY RECYCLING REQUIREMENTS

4.20.1

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4.21 RFP_MERCURY CONTAINING EQUIPMENT RECYCLING REQUIREMENTS

4.21.1

5 RFP_TECHNICAL REQUIREMENTS

5.1 RFP_ORGANIZATIONAL EXPERIENCE

5.1.1 5.1.2 5.1.3 5.1.4

5.2 RFP_WASTE TECHNOLOGIES AND METHODS HIERARCHY

5.3 RFP_WASTE CHARACTERIZATION AND WASTE PROFILES

5.3.1 5.3.2

5.4 RFP_WASTE STORAGE METHODOLOGIES - TEMPORARY AND LONG TERM

5.5 RFP_WASTE MANAGEMENT SITE INFORMATION

5.6 RFP_WASTE PICKUP AND SCHEDULING

5.6.1 RFP_MILK RUNS

5.6.2 RFP_SHORT NOTICE

5.6.3 RFP_PICK UP AND LOADING

5.7 RFP_INVOICING

5.7.1 5.7.2 5.7.3

5.8 RFP_COMPLIANCE HISTORY

5.9 RFP_RECORDKEEPING AND REPORTING

5.10 RFP_ONSITE SERVICES

5.10.1

5.11 RFP_URGENT RESPONSE CAPABILITY

5.11.1

5.12 RFP_PHARMACEUTICAL COLLECTION SERVICES

5.12.1 5.12.2

5.13 RFP_CLEAN SWEEP SERVICES

5.13.1

5.14 RFP_TRAINING

5.14.1

5.15 RFP_ADDITIONAL WASTE MANAGEMENT SERVICES

6 RFP_COST PROPOSAL

6.1 RFP_COST WORKSHEETS

6.2 RFP_STATE ZONE MAP

6.3 RFP_CONSIDERATION OF ALL INHERENT COSTS

6.4 RFP_FIXED PRICING

6.5 RFP_PRICE CLARIFICATION

7 RFP_SPECIAL TERMS AND CONDITIONS OF THE PROPOSAL

7.1 RFP_SAMPLE CONTRACT

7.2 RFP_CONTRACT ADMINISTRATOR COMPLIANCE NOTIFICATION

7.3 RFP_PRIMARY SUPPLIER AND SUBCONTRACTORS

7.4 RFP_RECORDKEEPING AND REPORTS

7.4.1 RFP_REQUIRED DATA FIELDS FOR REPORTS

7.4.2 RFP_REPORTING PROCEDURES

7.4.3 RFP_REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS

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7.5 RFP_INSURANCE

7.5.1 RFP_INSURANCE CERTIFICATES

7.5.2 RFP_INSURANCE CANCELLATION NOTIFICATION

7.5.3 RFP_INSURANCE POLICY INSPECTION

7.6 RFP_WASTES THAT PROPOSER MAY ELECT TO MANAGE

8 RFP_LIST OF REQUIRED FORMS AND DOCUMENTS

8.1 RFP_BIDDER REQUIRED FORM DOA -3832

8.2 RFP_WASTE DISPOSAL METHODS RESPONSE FORM ATTACHMENT A

8.3 RFP_WASTE SITE INFORMATION RESPONSE FORM ATTACHMENT B

8.4 RFP_SAMPLE CONTRACT ATTACHMENT C

8.5 RFP_PROPOSAL COST SHEET APPENDIX A

8.6 RFP_ZONE MAP APPENDIX B

8.7 RFP_RCRA WASTES TABLE 1

1 RFP_GENERAL INFORMATION

1.1 RFP_INTRODUCTION AND PURPOSE

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for management of hazardous wastes (Resource Conservation and Recovery Act (RCRA) wastes) Lamp, Ballast, Mercury-Containing Equipment and Battery Recycling, PCB Disposal Services and other regulated wastes generated by state agencies located in every county of the State. The purpose of the contract is to maximize waste management service at a reasonable cost to state agencies and minimize the State's liability for waste management and disposal.

The State as represented by its Department of Administration (DOA) intends to use the results of this solicitation to award a contract for the analysis, packaging, transportation, storage, treatment and disposal of wastes listed in this Request for Proposal (RFP) and wastes from state agency waste generation locations. It is estimated that the cost of services under this contract for all state agencies, including University of Wisconsin System, is $1.3 million annually. Additionally, municipalities use this contract to provide Clean Sweep Program services.

The State intends to award to one vendor but reserves the right to award to multiple vendors if it is in the State's best interest.

The State makes no express or implied warranties whatsoever that any particular quantity or dollar amount of Services will be procured. The State reserves the right to cancel this RFP for any reason prior to the issuance of a notice of intent to award.

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1.2 RFP_SCOPE OF WORK

State operations generate hazardous, universal, pharmaceutical, PCB and other wastes at laboratories, maintenance operations, agricultural and household clean sweeps, and from emergency and non-emergency environmental cleanups and other operations.

Wastes are generated at State agency facilities, campuses and environmental cleanup and abandoned container locations. The use of this contract shall also be mandatory for all lamps, PCB containing ballasts, and mercury containing equipment for all state agencies.

Contractor shall remove hazardous, universal, pharmaceutical and other wastes from state agency waste generation locations, within the applicable regulatory framework, manage wastes at approved Treatment, Storage and Disposal Facilities (TSDFs). No processing of universal wastes is allowed at the waste generation site.

Contractor shall provide cost effective hazardous, universal, pharmaceutical and other waste management in compliance with all state and federal hazardous waste regulations.

Contractor shall provide each agency and campus with necessary equipment, materials, packaging services, paperwork, routine communications and services required to facilitate transport and disposal/recycling of hazardous, universal, pharmaceutical, and other wastes.

Major agencies participating in this contract include: Department of Administration (DOA), Department of Corrections (DOC), Department of Natural Resources (DNR), Department of Transportation (DOT), Department of Health Services (DHS), Department of Military Affairs (DMA), University of Wisconsin System (UW), and other agencies and Wisconsin municipalities.

1.3 RFP_PROCURING AND CONTRACTING AGENCY

This Request for Proposal (RFP) is issued by the Wisconsin Department of Administration (DOA), State Bureau of Procurement (SBOP) which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process is Jeannie McCarville, Contract Manager.

The contract resulting from this RFP shall be administered by the DOA.

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1.4 RFP_DEFINITIONS

For the purposes of this RFP and resulting Contract, words and terms shall be given their ordinary and usual meanings. Where capitalized in this RFP and resulting Contract, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter.

"Authorized User" means state agencies, political subdivisions, and municipalities authorized by state statutes to use state contracts.

"Agency" means any office, commission, board, department, or bureau of state government including University of Wisconsin System.

"Applicable Regulations" means all federal, state, and local laws, regulations, rules and standards which apply to this RFP and the resulting contract.

"Approved Site" means a site that has been submitted with the RFP, or added as described in section 5.5, and evaluated and approved by the State. Requests for adding additional sites shall be sent to the contract manager.

"ASTM" means American Society for Testing and Materials.

"Audit Subcommittee" is a committee comprised of Designated Agency Representatives responsible for hazardous waste management within their respective agencies. The committee reserves the right to conduct environmental site audits of treatment, storage or disposal (TSD) and other facilities for the purpose of approving or disapproving use by the State of Wisconsin.

"Ballast" means an electrical device for starting and regulating fluorescent and discharge lamps. The use of ballasts in this RFB includes PCB and non-PCB light ballasts used by the State and the by-products of those ballasts but, excluding circuit board based electronic ballasts.

"Bill of Lading" means a shipping document used to accompany non-hazardous waste shipments.

"BTU" means British thermal units.

"Bulk Transportation" is the transport of bulk wastes including the delivery of large equipment. Transportation costs for bulk transport are charged at a running mile.

"By-Product" means any material that is not the primary material reclaimed or recycled. By-products may include, but are not limited to plastic, incinerator ash, and materials from recycling and reclamation processes that are disposed to a landfill.

"Clean Sweep Reporting" is the preparation of invoices, waste summaries and other information as required as part of a DATCP Clean Sweep Grant.

"Cooperative Purchasing" means Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

"Contract Administrator" the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

"Contract" means the final version of any contractually binding agreement between the State and the Supplier relating to the subject matter of this RFP; references to the Contract include all exhibits, attachments and other documents attached thereto or

Page 7 28314-JM incorporated therein by reference.

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

"CERCLA" means federal Comprehensive Environmental Response, Compensation and Liability Act 40 CFR 300-399 (Superfund). Created in 1980, CERCLA provides a federal "Superfund" to clean up uncontrolled or abandoned hazardous waste sites and spills of hazardous chemicals into the environment.

"CFC's" means chlorofluorocarbons, organic compounds composed of carbon, fluorine, chlorine, and hydrogen (including Freon). These compounds have been implicated in the depletion of ozone in the stratosphere.

"CFL" means compact fluorescent light.

"Changeout" means waste material removed or replaced. An example would be filter change-out, that material removed from filters during cleaning of or, replacement of filters.

"Clean Sweep" These high profile events may coincide with other waste collections or annual maintenance/cleanup activities. Waste streams are highly variable and unpredictable and may include household, very small quantity generator (VSQG), agricultural and laboratory hazardous wastes. A significant portion of Clean Sweep wastes requires lab packing.

"Clean Sweep Program" is a program administered by the Wisconsin Department of Agriculture, Trade and Consumer Protection, under ch. ATCP 34, Wis. Admin. Code, to provide grants funded under s. 93.55 or 93.57 Stats. to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous wastes, including unwanted prescription drugs and to assist counties in the collection and disposal of farm chemical waste.

"Clean Sweep Project" is a project funded under a grant by the Clean Sweep program.

"Committee" means Hazardous Wastes Committee.

"Contiguous" means sharing a common border, building or boundary, connected, touching or abutting another facility.

"Contract Manager" means the person within the Department of Administration, Bureau of Procurement, assigned to manage contract issues.

"Controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of Title 21 USC Subchapter 1. The term does not include distilled spirits, wine, malt beverages, or tobacco.

"CRT" means cathode ray tubes from electronic equipment, such as televisions and computer monitors.

"Disabled Veteran-Owned Business (DVB)" means a business that has been certified by the Department of Administration under §16.283, Wis. Stats.

"DATCP" means Wisconsin Department of Agriculture, Trade and Consumer Protection.

"Department" means the Department of Administration.

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"Designated Agency" means any Wisconsin state agency including UW System.

"Designated Agency Representative" means one person, designated by each agency utilizing this contract, to be that agency's primary contact with the contractor.

"DHS" means Wisconsin Department of Health Services.

"DMA" means Wisconsin Department of Military Affairs.

"DNR" means Wisconsin Department of Natural Resources.

"DOC" means Wisconsin Department of Corrections.

"DOT" means Wisconsin Department of Transportation.

"DVA" means Wisconsin Department of Veterans Affairs.

"Effective Date" means the date the Contract has been fully executed by the Contractor and the State.

"Elective Service" means waste management services that agencies can utilize at their discretion under the contract. Agencies may procure these services by other methods and from other suppliers.

"Electronic equipment" means equipment or devices intended for disposal or recycling, also referred to as E-waste, that plug in or contain a battery or batteries and are not regulated RCRA wastes as whole units although, such equipment may contain individual components that have hazardous properties (e.g. small PCB ballasts or capacitors, small mercury switches, electronic circuit boards, batteries). Equipment containing CFC's, radioactive sources or regulated quantities of PCBs is excluded from this definition.

"Elemental Mercury" refers to liquid mercury.

"Emergency Spill Response Waste" means waste generated from a response conducted under the DNR Emergency Response Zone Contract.

"EPA" means the Federal Environmental Protection Agency. EPA is in charge of enforcing federal environmental regulations in the US.

"EPA ID Number" means the unique federal identification number that is assigned by the EPA to hazardous waste generators, transporters and treatment, storage and disposal facilities.

"e-Manifest" means EPA's electronic manifest tracking system.

"Emergency Response Waste" means waste that is generated under the DNR Emergency Response Zone Contract. NOTE: Waste generated under the DNR Emergency Response Zone Contract may be managed by that Contract Supplier at the request of the agency.

"FIFRA" means Federal Insecticide, Fungicide and Rodenticide Act. Created in 1996, FIFRA established federal control of pesticide labeling, distribution, sale and use through the EPA.

"Flat Rate" is a pricing structure that charges a single fixed fee for a service, regardless of usage.

"Fuel Blending" means the production of hazardous waste fuel by combining hazardous waste with combustible material.

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"Hazardous Wastes" means solid wastes that are subject to regulation under NR660- NR679 as defined by NR661.03 and NR 661.04 Wisconsin Administrative Code.

"Hazardous Waste Combustor" means an incinerator, cement/aggregate kiln, boiler or industrial furnace that is permitted to thermally destroy hazardous waste or to use hazardous waste fuel as an energy source.

"Hazardous Waste Fuel" means hazardous waste that is burned for energy recovery;

includes fuel that is produced from hazardous waste by processing, blending, or other treatment.

"HID" means High Intensity Discharge.

"HHW" means household hazardous waste.

"Incineration" means the thermal breakdown of material using controlled flame combustion in an enclosed device.

"Lab pack" means a container consisting of one or more small containers of wastes packed in accordance with DOT regulatory requirements.

"Lamp", also referred to as "universal waste lamp", means the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible and infra−red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps. Lamps covered under this contract can also include:

shatter shield, power groove, flood, ultraviolet, black light and neon.

"LED lamp", for the purposes of this proposal, 'LED' and 'LED lamp' shall be used interchangeably and be handled as a Universal Waste. An LED lamp is a light-emitting diode (LED) product that is assembled into a lamp (or light bulb) for use in lighting fixtures.

"Manifest" means the shipping record called the Uniform Hazardous Waste Manifest in either paper or electronic form.

"Manifest Fee" means the cost to submit each manifest to EPA's e-Manifest system, and the cost to process the manifest.

"Mercury-containing Equipment" means a device or part of a device that contains elemental mercury integral to its function, as defined in Wisconsin Department of Natural Resources Publication WA 1004-2006.

"Milk Run" means a trip that includes service stops under the provisions of the contract at two or more locations.

"Mixed Wastes" means a waste that is both radioactive and hazardous.

"Mobile Collection Units" means engineered and approved vehicles (e.g., vans, trailers) designed to lab pack, commingle, temporarily store, and haul hazardous wastes. The units may be posted at a single location or moved along a predetermined route.

"Mandatory" means a requirement labeled as such must be present in the proposed

Page 10 28314-JM solution, exactly as stated, or the solution will not be considered by the State of Wisconsin. The terms "must," "shall," and "will" are considered mandatory.

"May" indicates something that is not mandatory but permissible.

"Minority Owned Business Enterprise (MBE)" means a business that has been certified by the Department of Administration under §16.287, Wis. Stats.

"Mobilization" means the effort required to assemble a work crew along with a vehicle and necessary equipment to perform all required services and arrive at a work site.

Mobilization can include a single day or several days in succession at a single or multiple locations. In addition, mobilization assumes that a return to the supplier's home station is not necessary between service days. A single fee is charged based upon the zone containing the most distant customer's facility on the included state area map, Appendix B. For containers delivered by supplier's truck, at the time of a scheduled pickup, there shall be no delivery charge to the agency.

"Mobilization Cost" means the fees assessed for a mobilization of a vehicle, with one or two personnel.

"Municipality" means any 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. Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under §66.0301

(1) and (2) Wis. Stats.

"Must" means a requirement is mandatory.

"Neutralization" means waste treatment involving an acid-base reaction, which results in a waste that no longer has the characteristic of corrosivity.

"NFPA" means National Fire Protection Association.

"Non- Milk Run" means a trip that stops under the provisions of the contract, at one location.

"Non PCB-containing Ballasts" Supplier(s) shall provide recycling service for this product category; however, state agencies are not required to recycle non PCB-containing ballasts at this time.

"Non-RCRA Wastes" means wastes managed under this contract that does not meet the RCRA definition of a hazardous waste.

"Non-rechargeable batteries" include but are not limited to: alkaline, lithium and wet cell. Although supplier(s) shall provide recycling service for this product category, state agencies are not required to recycle non-rechargeable batteries at this time.

"NPL" means National Priority List - the nationwide list of the worst hazardous waste sites throughout the United States, also known as Superfund Sites, maintained by the USEPA. The NPL is intended to identify sites needing further investigation and clean up.

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"On-site Services" means specific waste management services as described in Section 5.10.

"Procurement Manager" means the person responsible for managing this procurement process.

"Proposal" means the complete response to this RFP submitted on the approved forms, in the required manner and setting forth the Proposer's prices for providing the products and services described in the RFP.

"Proposer" means the entity submitting a Proposal in response to this RFP.

"PCBs" Polychlorinated biphenyls has the meaning specified under sec. 299.45(1) Wis.

Stats., and NR 157 Wisconsin Administrative Code and includes a class of environmentally persistent organic compounds produced by replacing two or more hydrogen atoms on the biphenyl molecule with chlorine atoms.

"PCB-containing Ballasts" Includes all leaking ballasts.

"PCB's in all other media and equipment" Including but not limited to: transformers, capacitors, electronic components, coolants, lubricants, additives, cutting oils and hydraulic fluids.

"Petroleum contaminated soil" means soil contaminated with a commercial petroleum product such as gasoline or diesel fuel.

"Pharmaceutical waste" means waste relating to drugs and other materials used in medical research and treatment. This may also include prescription drugs, over- the-counter medications, veterinary medicines and controlled substances.

"PPE" means Personal Protective Equipment such as boots, goggles, gloves, etc.

"Purchase Order" means an order for work which, requires a valid contract between the supplier and the State of Wisconsin. Purchase orders are issued by agencies with authority to place orders, change previous orders or, to cancel previous orders.

"RCRA" means Resource Conservation and Recovery Act (RCRA) passed in 1976, which gave EPA the authority to control hazardous waste "from cradle to grave" including the generation, transportation, treatment, storage and disposal of hazardous waste.

"Rechargeable batteries" including but not limited to: nickel cadmium, nickel metal hydride, nickel zinc, lithium ion, lithium ion polymer and lead acid (vehicle batteries).

Although supplier(s) shall provide recycling service for this product category, state agencies may elect to utilize other management options for rechargeable batteries.

"Reclaim" means the process to recover as usable product as defined by 40 CFR 261.1(c)(4) and s. NR 661.01 (3)(d) Wis. Administrative Code.

"Recycle" means material reuse or reclamation as defined by 40 CFR 261.1(c)(7) and

s. NR 661.01(3)(g) Wis. Administrative Code.

"Reuse" means employing a material as an ingredient as defined by 40 CFR 261.1(c)

(3) and s. NR 661.01(3)(e) Wis. Administrative Code.

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"Running mile" means all miles starting at the supplier's dispatching site to the waste generator's site, and return to the dispatch site, whether the truck is loaded or not.

Running miles are incurred regardless if vendor is hauling empty equipment, loaded equipment or bobtailing. Running miles shall not be invoiced for anything other than the parameters described above.

"Responsible" means a Proposer who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFP.

"Responsive" means a proposal that conforms in all material respects to the requirements set forth in the RFP.

"RFP" means this Request for Proposal.

"State Holidays" means January 1, Martin Luther King Jr. birthday, Memorial Day, July 4, Labor Day, Thanksgiving Day, December 24, December 25, and December 31.

"Schedule" means the current official list of controlled substances found in 21 CFR 1308.

"Shall" means a requirement is mandatory.

"Short notice fee" means the cost of administering a request for pickup or drop off with less than 48 hours advance notice of desired pickup or drop off date, outside of a scheduled run.

"Should" means non-mandatory but desirable.

"Site Representative" means an authorized person who has contacted the Supplier for pickup services.

"Solid Waste" means any waste as defined in NR 661.02.

"State Hazardous Waste Standards Committee" is a committee consisting of state agency employees knowledgeable in waste management practices formed to develop specifications, procedures, and other requirements identified in this RFP. The committee also assists the contract manager with management of the contract after award, as well as providing waste management guidance to state agencies. In addition, the committee has a training subcommittee.

"State" means State of Wisconsin.

"Storage" means waste storage for a temporary period at the end of which the waste is treated, disposed or stored elsewhere.

"Subcontractor" means any distinct organization that is not a sub unit or subsidiary of the Supplier and is used by that Supplier to assist in the management of the State's waste under this contract. Waste management sites not owned by the Supplier are defined as subcontractors.

"TCLP" means Toxicity Characteristic Leaching Procedure. This analytical method, SW 846 Method 1311 is used to determine whether a waste exhibits a toxicity characteristic

Page 13 28314-JM making it a hazardous waste.

"TSCA" means Toxic Substances Control Act, passed in 1976, which gave EPA the authority to track the 84,000 industrial chemicals currently produced or imported into the US. EPA can test and ban those chemicals that are found to pose an unreasonable risk to human health or the environment.

"TSD" or "TSDF" means Treatment, Storage and Disposal Facility, a licensed facility that treats or stores hazardous waste or where the final disposal of hazardous waste occurs pursuant to §.291.25 Wis. Stats..

"Training Subcommittee" is a subcommittee of the State Hazardous Waste Standards committee that meets to discuss the training schedule and program content that the Vendor shall conduct on the State's behalf. It may include participants that are not on the state hazardous waste standards committee.

"Transportation cost" means costs per running mile incurred as a result of transporting bulk waste and other materials from one place to another.

"Treatment" is any method, technique, or process designed to change the physical, chemical, or biological character or composition of any waste so as to recover energy or material resources from the waste or, so as to render the waste non-hazardous or less hazardous, safer to transport, store or dispose of or, amenable for recovery, amenable for storage or, reduced in volume.

"Universal Waste" means hazardous wastes that are subject to the universal waste requirements as described in NR 673.02 – NR 673.05 (batteries, thermostats, lamps) as well as sealed Mercury-Containing Equipment.

"Unknown" means a waste for which the chemical nomenclature, composition, structure or hazardous qualities are unknown to the waste generation location.

"UW System" means University of Wisconsin System which includes 13 four-year universities, 13 freshman-sophomore UW Colleges campuses, statewide UW-Extension and ancillary facilities.

"VSQG" means very small quantity generator. VSQG is defined by the following criteria: In every single month during the calendar year, the site generated less than 100 kg (220 lbs) of non-acute hazardous waste; and 1 kg (2.2 lbs) or less of acute hazardous waste, and accumulated less than 1000 kg (2205 lbs) of hazardous waste and 1 kg (2.2 lbs) or less of acute hazardous waste or 100 kg (220 lbs) or less of acute hazardous waste spill cleanup material.

"Waste Characterization" means identification of hazardous waste in accordance with the requirements of NR 661 Wis. Administrative Code.

"Waste Fingerprint Fee" is a fee charged for the collection of fingerprints of employees that are unescorted transporters of certain hazardous waste materials. Fingerprints are used to conduct background checks on employees.

"Waste Generation Location" means the State-owned or operated facilities and/or locations or cooperative participants generating waste managed under this contract.

"Waste Management Site" means contractor-owned or contracted facility used to treat, store, dispose, reclaim, recycle, transfer, incinerate or otherwise manage wastes under

Page 14 28314-JM this contract. Includes facilities used to manage wastes generated during the vendor's treatment, reclamation, recycling or disposal of wastes (e.g., facilities used for management of still bottoms, landfill leachate, incinerator ash, scrap metals).

"Waste PCBs" for the purposes of this RFB are limited to wastes regulated under TSCA which do not contain any RCRA-regulated hazardous waste.

"White Goods" means discarded appliances to be decommissioned through removal of hazardous components (e.g., PCBs, Freon, oil-bearing compressors).

"Wisconsin Certified or Registered Lab" means a laboratory that meets all the criteria outlined in Ch. NR 149, Wis. Adm. Code.

"Witnessed destruction" means the process, required by the U.S. Drug Enforcement Administration, whereby two responsible individuals are required to accompany drugs to the disposal site and witness the destruction.

"Work Order" - For any contract resulting from this Request for Proposal, and involving federal funds, 'work order' and 'purchase order' may be used interchangeably.

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1.5 RFP_CLARIFICATIONS AND/OR REVISIONS TO THE SPECIFICATIONS

AND REQUIREMENTS

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the Proposer should immediately notify Jeannie McCarville at jeannie.mccarville2@wisconsin.gov via e-mail (no phone calls).

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, addendums or amendments will be provided via Wisconsin eSupplier Portal.

Proposers are encouraged to log into the RFP website on Wisconsin eSupplier Portal periodically during the RFP process. The person who is registered for the Proposer on Wisconsin eSupplier Portal should get an email any time a change is made to the website. However, this only applies to the person who is registered on Wisconsin eSupplier Portal on the date that the RFP is released. Anyone who registers after the release date of the RFP will not receive any automatic emails from Wisconsin eSupplier Portal for this RFP.

Any contact with State employees concerning this RFP is prohibited, except as authorized by the contract manager, during the period from date of release of the RFP until the notice of intent to contract is released.

No phone calls, emails or other correspondence to other State staff regarding this procurement are permitted during the procurement process unless otherwise noted in writing as required as part of the solicitation process. Violation of these conditions may be considered sufficient cause for automatic rejection of a Proposal. All oral communications are unofficial and non-binding on the State. Proposers shall rely only on written statements issued by the Procurement Manager.

1.6 RFP_NEWS RELEASES

A Proposer may not issue news releases or make any statements to the news media pertaining to the subject of this RFP or, any Proposals or Contracts resulting from this RFP, without the prior written approval of the State. The Proposer is bound by this clause from the time the RFP is issued until the time the Contract has expired. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the State.

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1.7 RFP_VENDOR CONFERENCE; QUESTIONS

There will not be a Vendor Conference. Instead, there is an opportunity for Proposer questions to be submitted for a State response (see Calendar of Events for dates).

All questions must be submitted in writing via e-mail to Jeannie McCarville at jeannie.

mccarville2@wisconsin.gov or via the eSupplier Portal website "Ask a Question" feature and by the deadline. Proposer questions along with the State's responses shall be posted to the Wisconsin eSupplier Portal website.

1.8 RFP_REASONABLE ACCOMODATIONS

The Department of Administration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with disabilities upon request. If you need accommodations at a presentation or demonstration, contact Jeannie McCarville at jeannie.mccarville2@wisconsin.gov.

1.9 RFP_CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFP shall be completed. In the event that the State finds it necessary to change any of these dates and times, it shall do so by issuing an amendment to this RFP.

Date Event

Apr. 30, 2019 Date of issue of RFP

May 14, 2019 Last day for submitting Written Questions

May 17, 2019 Responses to Questions (estimated)

May 28, 2019 Proposals Due

June 7, 2019 Interviews and Site Audits (if needed, estimated)

Jun. 13, 2019 Notification of Intent to Award (estimated)

July 1, 2019 Contract Start Date mailto:jeannie.mccarville2@wisconsin.gov

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1.10 RFP_CONTRACT TERM AND FUNDING

The Contract period shall be an initial three (3) years from the effective date. The Contract is eligible for two (2) possible additional one-year renewals if mutually agreeable to the State and the Supplier, unless terminated. To ensure the delivery of improved services and competitive pricing, to address potential performance issues, changes in technology or industry consolidation, the State reserves the right to negotiate the pricing and terms at the time of contract renewal.

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.

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 appropriations shall be without penalty.

1.11 RFP_COOPERATIVE PURCHASING

Commodities and services may be made available to Municipalities upon agreement of the Supplier(s), where requested by the State, and agreed to by the Supplier(s).

Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the State and the Supplier(s). The Supplier shall be responsible for confirming the status of potential Municipalities with the State and providing appropriate documentation and support and reporting Contract usage by Municipalities.

Wisconsin Statutes require that for each contractual service procurement involving an estimated annual expenditure of more than $50,000, the contracting agency must complete a cost benefit analysis. State Agency users of this Contract must comply with this requirement. Please refer to State Procurement Manual PRO-I-15, Cost Benefit Analysis (CBA), for policy, forms and instructions.

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1.12 RFP_WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Proposers 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. The State of Wisconsin purchasing information and Proposer 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 to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Proposers may use the same Web site address for inclusion on the Proposers 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 proposal 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. Proposers also may receive e-mail notices of these simplified bid opportunities.

2 RFP_PREPARING AND SUBMITTING A PROPOSAL

2.1 RFP_GENERAL INSTRUCTIONS

The evaluation and selection of a Supplier will be based on the information submitted in the Proposal plus references, and any required presentations, on-site visits, or oral interviews. Failure to respond to each of the requirements as directed in the RFP may be the basis for rejecting a response. Proposals which fail to meet the mandatory requirements shall be disqualified.

Elaborate Proposals (e.g., expensive artwork, marketing materials) beyond that sufficient to present a complete and effective Proposal are not necessary or desired.

2.2 RFP_INCURRING COSTS

The State shall not be responsible for any costs incurred by the Proposer to prepare its Proposal, conduct its due diligence or negotiate any agreements whether or not finally awarded. Such Proposal and business development costs shall not be included in the cost basis of services to be provided to the State.

http://www.esupplier.wi.gov

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2.3 RFP_COMPLETE RESPONSES

Proposal responses to each of the requests for information and requirements in the numbered sections shall be in the same sequence and numbered as the RFP.

Responses must be concise yet complete. Do not simply restate the Requirement verbatim as the response to a Requirement. If the RFP calls for a process description, include a process map as well as the frequency at which that map will be updated.

Proposer shall not direct the reader to a website (or any other sources outside of the submitted Proposal) as part of its response to the requirement or question.

2.4 RFP_SUBMITTING THE PROPOSAL

2.4.1 RFP_ELECTRONIC PROPOSAL SUBMITTAL (STRONGLY PREFERRED)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFP. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the RFP document.

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2.4.2 RFP_HARD COPY PROPOSAL SUBMITTAL

Proposers still have the option to mail or otherwise provide a hard copy Proposal when responding to this RFP. If your company elects to do so (instead of the electronic proposal option described above), Proposer shall submit an original and seven (7) copies, clearly labeled as such, of its Proposal document for a total of eight (8) hard copies and one electronic version compatible with the Microsoft Office standard desktop tools, on a flash drive of all materials required for acceptance of its Proposal by the deadline shown below. The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. While hard copy (paper) proposals will still be allowed in response to the Portal's sourcing events, the State has no liability for errors made in inputting any information submitted via a paper proposal.

The Cost Proposal shall be sealed and submitted as a separate part of the Proposal. No mention of data within the Cost Proposal is permissible in the response to any other section of the Proposal. All materials required for acceptance of the Proposal by the deadline must be sent to:

United States Postal Service Courier or Hand Delivery

Jeannie McCarville Jeannie McCarville

Department of Administration Department of Administration

State Bureau of Procurement State Bureau of Procurement

PO Box 7867 101 East Wilson Street, 6th floor

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

Proposals shall be received by the above office no later than 2:00 p.m. CT on May 28, 2019. All Proposals shall be date and time-stamped in by the Wisconsin eSupplier Portal (electronic) or by the State (hard copy) on or prior to the stated opening date and time. Proposals not so stamped will be considered late and rejected. Receipt of a Proposal by the State mail system does not constitute receipt of a Proposal by the State Bureau of Procurement for purposes of this RFP.

All Proposals shall be packaged, sealed and show the following information on the outside of the package:

• Proposer's (Company) Name and Address

• Hazardous Waste RFP # 28314-JM

• Jeannie McCarville

• Due: May 28, 2019 by 2:00 p.m. CT

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2.4.2.1 RFP_PROPOSAL ORGANIZATION AND FORMAT

Proposers responding to this RFP in hard copy format shall comply with the following format requirements. The State reserves the right to exclude any responses from consideration which do not follow the required format as described below.

A proposal submitted in response to this RFP shall be signed by the person in the proposer's organization who is responsible for the decision as to the prices being offered in the proposal or, by a person who has been authorized in writing to act as an agent for the person responsible for the decision on pricing. If applicable, indicate that the Proposal is being submitted by a Wisconsin certified MBE or DVB.

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

• The proposer's organization or an agent of the organization has arrived at the prices in its proposal without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition.

• The prices quoted in the proposal have not been knowingly disclosed by the proposer's organization or by any agent of the proposer's organization and will not be knowingly disclosed by the same, directly or indirectly, to any other respondent or to any competitor.

• No attempt has been made or will be made by the proposer's organization or by any agent of the Proposer's organization to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition.

Proposals shall be typed and submitted on 8.5 by 11 inch paper and bound securely. Proposals shall be organized and presented in the order and by the numbers assigned in the RFP.

Proposals shall be organized in the following section number and subsection numbers.

TAB 1 - Response to Mandatory Requirements (Section 4.0):

TAB 2 - Response to Technical Requirements (Section 5.0): Provide a point-by-point response to each requirement listed in Section 5 of this RFP. Responses shall be in the same sequence and numbered as they appear in this RFP.

• Attachment A - Waste Disposal Methods

• Attachment B - Waste Site Information

TAB 3 - Required Forms (Section 8.0)

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2.4.2.2 RFP_COST PROPOSAL SUBMISSION

Electronic Cost Proposals shall be submitted in accordance with the online instruction in the Wisconsin eSupplier Portal.

For hard copy proposal submissions, Proposers shall submit an original plus one (1) hard copy (total of 2) and one (1) electronic version in Microsoft Excel, on a flash drive.

PDF documents are not permitted for the Cost Proposal. Provide all cost information on Appendix A - Cost Sheet, according to the instructions provided. Include all costs for furnishing the product(s) and/or service(s) included in this proposal. Identify all assumptions. Failure to provide any requested information in the prescribed format may result in disqualification of the proposal.

The Cost Proposal shall be sealed and submitted as a separate part of the Proposal. No mention of the Cost Proposal is permissible in the response to any other section of the RFP. The outside of the envelope must be clearly labeled on the outside of the package as follows:

• Proposer's (Company) Name and Address

• COST PROPOSAL for Hazardous Waste RFP #28314-JM

• Jeannie McCarville

• Due: May 28, 2019 by 2:00 p.m. CT

The Cost Proposal shall be packaged, addressed and sealed in the same manner as described above. The Cost Proposal is due to the addressee on the same date and time previously mentioned. The electronic Cost Proposal shall be an individual file on the flash drive.

Faxed and e-mailed Proposals are not accepted.

Proposals that arrive unpackaged or unsealed shall not be accepted.

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2.5 RFP_BUILDING SECURITY POLICY

The Department of Administration has established building security policies and procedures at the 101 East Wilson Street address in Madison. There is a security checkpoint in the first floor lobby. All visitors are required to provide current identification and sign in for a visitor's pass. Security personnel will call the intended state employee prior to the visitor proceeding to their destination in the DOA building.

This policy will affect the timing for hand-deliveries of bids, proposals and other time-sensitive packages. However, properly credentialed package delivery couriers (e.g.

UPS, FedEx, etc.) will proceed without obtaining a pass. If you intend to hand-deliver your bid or proposal, please plan additional time to account for the security process to be completed. Packages cannot be date/time stamped at the security desk on the lobby level and security personnel will not sign for deliveries; the package must be date/time stamped by the office identified in the bid/proposal. The bid due date and time will not be adjusted to accommodate tardiness, nor will any exceptions to the due date and time be made. The State is not responsible for deliveries that do not reach their destination by the required due date and time.

2.6 RFP_PRESENTATIONS; DEMONSTRATIONS

Top scoring Proposer(s) based on an evaluation of the written Proposal may be required to participate in a presentation and/or Demonstration to support and clarify Proposal(s), if requested by the State. The presentations and/or Demonstrations will be scheduled and held after receipt of the Proposals to provide an opportunity for the Proposer to clarify its Proposal and for the evaluation committee to ask questions.

Proposer representative(s) attending the oral presentation or demonstration shall be technically qualified to respond to questions related to the Proposal and its components.

The State will furnish specific details concerning the presentations or demonstrations and any required materials at the time it notifies Proposers of the presentation schedule.

The State shall make every reasonable attempt to schedule each presentation at a time and location agreeable to the Proposer. The State requires that those individuals designated by the Proposer as Key Personnel attend the presentation in person. Failure of a Proposer to interview or permit a site visit on the date scheduled may result in rejection of its Proposal.

Representatives of the committee may visit or contact one or more proposed waste management sites prior to the contract period to verify information contained in the proposal or to conduct an approval process as described in Section 5.5 of this RFP. The committee or designated representatives may also visit the proposer's and/or subcontractor's facilities at any time before or after the final award of the contract or during the contract period. The committee may approve, or not approve, waste handling sites (such as TSDs).

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2.7 RFP_MULTIPLE PROPOSALS

Multiple proposals are not permissible. Each proposer shall submit one proposal only.

2.8 RFP_WITHDRAWL OF PROPOSALS

The Proposal shall be irrevocable until Contract award unless the Proposal is withdrawn.