S4S Treated Wood Posts RFB-Contract 0510492.pdf

WISCONSIN DEPARTMENT OF EVENT # 12045, BID # 0510492

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S4S CCA Treated Wood Posts

Request for Bid (RFB)

#0510492

Issued by:

The State of Wisconsin

Department of Transportation

Questions Due by:

Friday, October 6, 2023 by 11:59pm CDT

Bids Due by:

Friday, October 20, 2023 before 2:01pm CDT, WisDOT Purchasing Clocks

Bids must be submitted in eSupplier or via designated email address

For further information regarding this RFB, contact:

Mark Mackenzie at mark.mackenzie@dot.wi.gov

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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/DEMONSTRATIONS

4.2 CONTRACT QUANTITIES/NEW OR DELETED ITEMS

4.3 DELIVERY

4.4 FREIGHT CHARGES

4.5 FAULTY 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 CONFIDENTIALITY

4.11 LIQUIDATED DAMAGES

4.12 EMPLOYEE IDENTIFICATION

4.13 FIRM PRICES

4.14 ORDERS

4.15 INVOICING REQUIREMENTS

4.16 REPORTING REQUIREMENTS

4.17 ORDER OF PRECEDENCE

4.18 INSURANCE RESPONSIBILITY FOR CONTRACTED STAFF USE OF STATE VEHICLE

4.19 CONTRACTOR MAJOR STRUCTURAL CHANGE

4.20 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

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

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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 - Bidder Response Sheet Attachment E - Specifications for CCA Treated S4S Wood Posts Attachment F - Bid Price Sheet Attachment G - WisDOT Destination Shipping Information DOA 3832 – Bidder Required Forms DOA 3054 – Standard Terms and Conditions for RFB

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1 GENERAL INFORMATION AND SCOPE

The Wisconsin Department of Transportation (WisDOT or DOT), through its Purchasing Section (Purchasing), requests bids to establish a contract for the purchase of specified, completely fabricated, treated and delivered S4S wood posts.

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

For highway, roads, streets, or other signage, treated S4S wood posts are needed for durability and longevity.

1.2 Definitions

Agency: The Wisconsin Department of Transportation Bidder/Vendor: A company or individual submitting a bid response to this RFB CCA: Chromated Copper Arsenate Contractor: Bidder awarded the contract Department: The Wisconsin Department of Transportation DOT or WisDOT: The Wisconsin Department of Transportation RFB: Request for Bid State: The State of Wisconsin S4S: Surfaced on 4 sides which is sanded or planed on all four sides

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 one-year term of a contract shall be from date of award, with three (3) 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.

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 (such as counties and cities) to purchase from State contracts. For cooperative bidding purposes, a Vendor Agreement is highly desired for this RFB. Please complete Section 5 of 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 to state agencies through piggybacking. See section 4.16 for reporting requirements.

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2 BIDDER QUALIFICATIONS AND REQUIREMENTS

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

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

2.2 Bidder must supply references of three firms to which similar products / service have been provided during the past five years to a comparable-sized institution or company. WisDOT may also utilize other pertinent sources of information regarding services/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 manufacturing and/or supplying S4S wood posts, for the past five years.

2.4 Bidder’s posts must carry a 25-year warranty against rot, decay, and termites.

2.5 Bidder must be prepared to honor, at minimum the manufacturer’s standard warranty. Indicate warranty term and enclose standard warranty documents with your bid.

2.6 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 4.16.

3 SPECIFICATIONS

See Attachments E and F for specifications that are minimum acceptable requirements. All specifications are defined as mandatory minimum requirements unless otherwise stated. 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 0510492.

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

4 SPECIAL TERMS AND CONDITIONS

4.1 Samples/Demonstrations

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 upon request 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 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.

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4.2 Contract Quantities/New or Deleted Items

Estimated annual quantities identified for each item on the “BID PRICE SHEET” (Attachment F) are for bid purposes only and are based on historical data. 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 and/or services based on changes to standards unknown at the time of this bid. If additional products /services are added, contractor(s) prices must be (in line with) or (comparable to) current contract pricing for like products/services. Scope of work must be consistent with the current contract products/services.

Contractor should promptly notify Purchasing of new or discontinued products.

4.3 Delivery

Delivery is desired as soon as possible after receipt of a purchase order. Please indicate on the Bid Price Sheet your estimated delivery time in working days. Indicated working days helps advise WisDOT as to the amount of lead time involved with determining WisDOT’s ordering time.

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/service, within Bidder’s provided standard working days for delivery. 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 10 working days 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 4.14, Liquidated Damages.

Truck shipments can only be accepted at the times as specified at each location. Shipments arriving too late may be held for unloading the following workday. The vendor shall notify the destination at least two working days prior to arrival of each truck shipment, giving the quantity of material and date of arrival, so that arrangements may be made to have personnel available for unloading. Persons to be notified at each site are on the "Destination Shipping Information and Notification Addresses" listing.

All deliveries shall be made with flat bed trucks. Shipments on a flat bed truck shall be loaded to facilitate unloading from the side of the flat bed by forklift truck. If the shipment is in an enclosed trailer with only a tail opening, it shall be the driver's responsibility to get the bundles to the end of the truck for pick-up with a forklift.

All bundles shall be banded and stackable. Bundles shall have 4 x 4’s on the bottom so each bundle can be picked up with a forklift. If the bundles are stacked for shipment, 4” spacers, top, bottom and sides shall separate the bundles. The spacers shall be located the same place as the stickers for top and bottom support. Stickers are wood boards that separate the layers of posts for increased air circulation. Bundles delivered without stickers and 4” spacers will be rejected.

Posts shall be with one size (dimension and length) post per bundle. The number of posts in each 4 x 6 bundle shall be 32.

Shipments not bundled according to the above specifications may be rejected.

Certification of compliance with the specifications will be required of the vendor at the time of delivery.

The first shipment of the year to each location should include a Material Safety Data Sheet (MSDS).

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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 goods delivered to and unloaded at Attachment G locations Statewide. Bid prices should include all costs; including but not limited to freight, 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 will disqualify your bid.

4.5 Faulty Shipments, Duplicates and Over Shipments

Upon notification by WisDOT of a duplicate or overshipment, goods shall be removed at the Contractor’s expense. If such goods are not removed within 10 business days of receipt of written notification from WisDOT, WisDOT may dispose of such goods at WisDOT’s discretion and Contractor will not hold WisDOT liable for the costs of such goods, or of their disposal, or of any restocking fee, or of disposal shipping costs.

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 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 or any of its subsidiary companies, and all parties furnishing services or products to the Wisconsin Department of Transportation (WisDOT) must provide WisDOT with evidence (i.e., certificate) 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.

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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 insurance certificates and endorsements to:

Wisconsin Department of Transportation

4822 Madison Yards Way, S822 Madison, WI 53705

4.7 Warranty

A one-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.

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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 Confidentiality

Contractor acknowledges that some of the data and documentation it may become privy to in the performance of this contract is of a confidential nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information.

Contractor or its employees and subcontractors will not reuse, sell, make available, or make use in any format the data researched or compiled for this contract for any venture, profitable or not, outside this contract.

Contractor agrees to observe complete confidentially with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the State's or the manufacturer's, bidder's, or distributor's whereby Contractor or any Contractor's personnel may gain access while engaged by the State or while on State premises.

The restrictions herein shall survive the termination of this contract for any reason and shall continue in full force and effect and shall be binding upon the Contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractors’ agents, employees, successors, assigns and subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein. Contractor shall defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the restrictions herein.

4.11 Liquidated Damages

Liquidated damages 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 be enforced as follows:

• 7 or less calendar days late (25% of the total order cost)

• 8 or more calendar days late (50% of the total order cost)

Liquidated damages shall 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. Permitting the contractor to continue and finish delivery or any part of the order after the delivery deadlines shall in no way operate as a waiver on the part of the Department, Region or County of any of it’s rights or remedies under the contract.

Deliveries will be closely monitored. Failure to deliver as each shop schedule indicates will be noted, assesses for liquidated damages due, and reported to the Purchasing Section. This may result in possible cancellation of an order and/or the contract, and jeopardize awarding of future contracts for this material.

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4.12 Employee Identification

All Contractors’ employees, while working on WisDOT property, must wear a clearly displayed photo identification badge (provided by the Contractor at the Contractor’s expense) showing they are employees of the Contractor. Badges must be available, but will not be required to be worn when protective clothing and respiratory protection is required.

4.13 Firm Prices

Prices must remain firm for 90 calendar days from date of award. Prices established may be lowered due to general market conditions. Price change requests must be received by Purchasing in writing at least 30 calendar days prior to the effective date of proposed increase, for acceptance or rejection. Proposed price increases are limited to fully documented cost increases, demonstrated to be industrywide and submitted with the request. If Purchasing 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.

4.14 Orders

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

• Specific Purchase Orders may be placed for one-time shipments.

• Blanket Purchase Orders (with release orders) may be issued by Purchasing for the State’s fiscal year time period, July 1 – June 30, to allow departmental personnel to call or email release orders for products (charged against the blanket PO) as needed.

4.15 Invoicing Requirements

Invoices/Purchase Order:

WisDOT must meet a statutory mandate to pay or reject invoices within 30 days of receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later. 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 or delivery

Send invoice to the bill-to address shown on the purchase order or the release order

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4.16 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, including cooperative purchases per section 1.5. 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.

4.17 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. Failure of the successful bidder to accept these elements into the contract will result in the cancellation of the contract award.

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

4.18 Insurance Responsibility for Contracted Staff Use of State Vehicle

The Contractor, if contracted staff will use a state vehicle while performing any services for the State, shall add these responsibilities to the standard terms and conditions 23.0 insurance responsibilities.

• Each contractor staff that will be using state vehicles shall submit and receive approval from the

DOT Fleet Office a signed Non- State Driver Vehicle Use Agreement form (DOA-6000). Approval from the Department of Administration and Department of Transportation is required prior to using any state vehicle(s) as part of providing services.

• Comply with and qualify for vehicle use with respect to the State Vehicle Minimum Driving Standards (6/2005).

• Provide a certificate of insurances demonstrating primary auto liability coverage for their employees driving state vehicles. The Certificate(s) must state “auto liability insurance is “primary” for liability assumed under the contract with the State of Wisconsin while driving state vehicles”.

The State of Wisconsin is named as additional insured with respect to auto liability assumed under the contract while driving state vehicles, and must name the State of Wisconsin as certificate holder.

• Contracted Staff must immediately notify contractor company management and DOT Fleet office of any accident or incident involving the state vehicle.

4.19 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.

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4.20 Health Insurance Portability and Accountability Act (HIPAA)

“Public Health Information” (PHI) means any information, whether oral or recorded in any form or medium, that:

• Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and

• Relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual.

The Contractor, and any Subcontractor(s) shall comply with 42 U.S.C. Sections 1320d through 1320d-8, and shall implement regulations at 45 C.F.R. Section 164.502 (e) and Sections 164.504 (e) regarding disclosure of protected health information under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. Protected Health Information (PHI) is information received by the Contractor from or on behalf of the State that meets the definition of PHI as defined by HIPAA and the regulations promulgated by the United States Department of Health and Human Services.

HIPAA compliance requires, at a minimum, that the Contractor:

• Shall not use or disclose PHI except as specifically required under the terms of this Contract, or as otherwise required under the HIPAA regulations or other applicable law.

• Shall use appropriate safeguards to protect against use or disclosure not provided for by this Contract.

• Shall promptly report to the State any knowledge of uses or disclosures of PHI that are not in accordance with this Contract or applicable law. In addition, the Contractor shall mitigate any adverse effects of such a breach to the extent possible.

• Shall ensure that all its Contracted Personnel that receive PHI from or on behalf of the Contractor and/or the State agree to the same restrictions and conditions that apply to Contractor with respect to the use or disclosure of PHI.

• Shall make available to the State such information as the State may require to fulfill its obligations to provide access to, provide a copy of, and account for disclosures with respect to PHI pursuant to HIPAA and related regulations.

• Shall make PHI available to the State in order for the State to fulfill its obligations pursuant to HIPAA to amend the information and shall, as directed by the State, incorporate any amendments into the information held by its Contracted Personnel.

• Shall make available its internal practices, books and records relating to the use and disclosure of PHI received from the State, or created and received by the Contractor on behalf of the State, to the State and to the Secretary of the U.S. Department of Health and Human Services for the purpose of determining the State’s compliance with HIPAA and the regulations promulgated by the United States Department of Health & Human Services and any amendment thereto. Shall, upon termination of this Contract, at the option of the State, return to the State, or destroy, all PHI in its possession, and keep no copies of the information except as requested by the State or required by law. If the Contractor’s Contracted Personnel destroy any PHI, then the Contractor shall provide the State with documentation evidencing such destruction. Any PHI maintained by the Contractor shall continue to be extended the same as required by HIPAA and the State for as long as it is maintained. In the event of a material breach of Contractor’s obligations under this Section, the State may at its option, terminate this Contract according to the termination provisions within this Contract.

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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, contact Mark Mackenzie, Purchasing, at (608) 266-0572 (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 or by email to other prospective bidders.

DATE & TIME - WisDOT Purchasing Clocks EVENT Friday, Sept. 8, 2023 Friday, Oct. 6, 2023 by 11:59:59 PM Wed. Oct. 11, 2023 before 12 noon Friday, Oct. 20, 2023 before 2:01 PM

Date of Issue of the RFB.

Date Written Vendor Questions Due Responses to Questions Posted to eSupplier Bids Due from Bidders to eSupplier or Purchasing

5.3 Questions

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB 0510492, they shall notify via email, 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 Oct. 6, 2023. Questions may also be emailed to the purchasing agent listed below, the subject line must include the bid number RFB 0510492. Questions shall not be received nor addressed via telephone. Purchasing will respond to questions by issuing an official addendum, posted on eSupplier; or via email to other prospective bidders.

It is the vendor’s responsibility to monitor eSupplier for addendum updates.

Submit questions in writing via email to: Mark Mackenzie, email: mark.mackenzie@dot.wi.gov

5.4 Method of Bid

On Attachment F, bidder must submit a Section A unit price and extended total for each item and a total price as designated, along with standard working days from order acceptance to delivery of one truckload. All prices must be quoted in U.S. Dollars. Secondary and tertiary vendors may be awarded and designated, in case inventory and delivery timeline needs for a particular purchase order, cannot be met by the lowest or lower bidder.

Bids requiring an order minimum shall be disqualified.

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

(Attachment F, Section B requests pricing for additional optional purchases, adding value to this bid-contract.)

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 or submit via email,, 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.

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5.6 Bid Response Requirements

Vendors preferably should respond to the bid through eSupplier. Be sure to follow all directions and upload all required documents before the deadline. Bids via email is the only other acceptable bid submission method.

NOTE: the following documents MUST be included.

• Attachment F - Bid Price Sheet (upload must be MS Excel)

• Attachment C, Bidder Response Sheet

• DOA 3832, Bidder Required Form (five pages)

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

• Manufacturer’s 25 year warranty statement, confer Attachment E

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

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 October 20, 2023 before 2:01pm CDT, WisDOT Purchasing Clocks, through eSupplier or via email. Bids received after that time and date will be rejected.

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 https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST

Transportation Page 15 of 24 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 Teams on Friday, Oct. 20, 2023 at 3:00 p.m. CDT. The names of all Vendors may be read aloud at that time. All interested parties must contact Mark Mackenzie at mark.mackenzie@dot.wi.gov by Oct. 18, 2023 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 MAY be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any 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

Award(s) shall be made on the basis of the lowest Section A total cost from a responsive, responsible bidder(s) who meets specifications. Within 15 state business days from bid due date, low bidders must follow and complete the DOA-3021P Instructions for Affirmative Action Requirements (which also includes a form for requesting an AAP exemption).

Timeliness of delivery may be considered at the time of purchase order development and issuance.

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

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

In the event of contract cancellation with an existing lowest bidder, secondary and tertiary bidders will change positions relative to such status update of the lowest bidder.

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.

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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 16.287(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 (DOA-3054) and/or Supplemental Terms and Conditions provided with this document represent the standard terms and conditions which will apply to this contract, along with this bid document and special conditions of bid. Vendors may not submit their own contract document as a substitute for these terms and conditions.

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

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6.8 Contract Cancellation

This Contract may be terminated under the following conditions:

A. Please review section 24.0 of the Standard Terms and Conditions of Bid, and Section 4.3-Delivery

B. WisDOT may terminate the contract at any time at its sole discretion by delivering 60 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 30 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.

C. In the event the Contractor wishes to terminate the contract, for any reason whatsoever, WisDOT requires 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. WisDOT may cancel this Contract in whole or in part without penalty if the Contractor: 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; incurs a delinquent Wisconsin tax liability; becomes a federally debarred contractor; or is excluded from federal procurement and non-procurement contracts.

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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 - Bidder Response Sheet Attachment E - Specifications for CCA Treated S4S Wood Posts Attachment F - Bid Price Sheet Attachment G - WisDOT Destination Shipping Information DOA 3832 – Bidder Required Forms DOA 3054 – Standard Terms and Conditions for RFB

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ATTACHMENT A

WisDOT MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

DISABLED VETERAN-OWNED BUSINESS (DVB) PROGRAM

AWARENESS, COMPLIANCE and ACTION PLAN

As a matter of sound business practice, the Wisconsin Department of Transportation is committed to “supply diversity” by promoting the use of minority business and disabled veteran-owned business whenever and wherever possible.

Additionally, as an agency of the State of Wisconsin, WisDOT shares in the state goal of placing five (5) percent of its total annual purchasing dollars with state-certified minority and disabled veteran-owned businesses.

State of Wisconsin procurement policy provides that Minority Business Enterprises (MBE) and Disabled Veteran-owned Businesses (DVB) certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts/projects.

You, as a contractor, are strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs and DVBs by using such enterprises to provide goods and services incidental to this agreement (second-tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises.

Authority for these programs is found in Wisconsin Statutes 15.107(2), 16.283(3), 16.75(3m), 16.755 and 560.036(2), and details about the program can be found at: https://wisdp.wi.gov/.

A complete listing of certified minority businesses, as well as the services and commodities they provide, is available on the web at: https://wisdp.wi.gov/Search.aspx

Monthly reports are requested to be submitted to the Department of Transportation Purchasing Unit, itemizing the costs of services and goods provided by certified firms. Reports should state the costs for the previous contract/project month.

Your complete response on the following form must address the following components of your company’s/organization’s commitment/action plan:

a) Indication that you understand the WisDOT’s goal,

b) Listing of any MBE/DVB vendors with which you intend to subcontract,

c) Description of the various second tier MBE/DVB expenses (goods and services procured that are incidental to the contract/project; examples are: specific office supplies to perform the contract, percentage of cost for uniforms for contract staff, travel to perform the contract/project, percentage of facility maintenance services for your facility used directly by your staff during the contract/project period) your company/organization will be able to report that are in direct connection with the administration of this contract,

d) Statement expressing your commitment to complete the required monthly reports that will reflect your subcontracts and second-tier expenditures for the period.

For information on WISDOT’s Supplier Diversity Program, please email: DOTCentralPurchasing@dot.wi.gov or visit the website at:…