State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: AGENCY ADDRESS: WI Dept. of Natural Resources Attn: Richard M. Straub 101 S. Webster St., FN/2 PO Box 7921 Madison, WI 53703-7921 Remove from bidder list for this commodity/service. (Return this page only.) Bid envelope must be sealed and plainly marked in lower corner with due date and Request for D-010-08 Bid # . Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for ninety (90) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID Bids MUST be in this office no later than THIS IS NOT AN ORDER 11:00 AM CDT, Tuesday, August 27, 2013 BIDDER (Name and Address) Name (Contact for further information) Richard M. Straub (email address: [email protected]) Phone Date (608) 261-6415 August 8, 2013 Quote Price and Delivery FOB Destination Fax bids are accepted Item No. Quantity and Unit Description Fax bids are not accepted Price Per Unit Total The WI DNR’s Bureau of Air Management is soliciting bids for the provision of 14 Self-Contained Continuous Ambient Ozone Monitors/Analyzers that meet United States Environmental Protection Agency (USEPA) equivalency requirements per the attached Special Conditions of Bid, Specifications,Bid Price Sheet and Standard Terms and Conditions. Note: Please complete, sign and return the following forms: this Request for Bid Form, Bid Price Sheet, and Vendor Information Form (DOA-3477). Do not enter any prices on this form, all prices should be entered on the Bid Price Sheet. Special Note: technical questions about the required equipment may be directed to Bruce Rodger (608) 575-5631. Payment Terms: Net 30 Delivery Time: We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Signature of Above Title Phone Date Fax Federal Employer Identification No. This form can be made available in accessible formats upon request to qualified individuals with disabilities ( ( ) ) Social Security No. if Sole Proprietor (Voluntary) Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) 1.0 2.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. 3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin. 4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs. 5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 6.0 7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act. 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin. Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office. 9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified. 10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts. 6.1 6.2 6.3 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration. Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements. In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30). A good faith dispute creates an exception to prompt payment. 12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials. 13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs. 14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written DOA-3054 Page 2 of 3 contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 15.0 16.0 17.0 18.0 19.0 APPLICABLE LAW: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract. ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin. WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law. 19.3 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment. 20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit. 21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. 22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall: NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. 19.1 19.2 24.0 23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work. 23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage. 23.3 The state reserves the right to require higher or lower limits where warranted. CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. DOA-3054 Page 3 of 3 25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. 26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. 27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation. 27.1 27.2 28.0 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin. Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential. DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123). State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats. 29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled mate- rials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications. 30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s). 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency. 32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement. 33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577. 34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses 35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party. SPECIAL CONDITIONS OF BID RFB #D-010-08 Self-Contained Continuous Ambient Ozone Monitors/Analyzers 1. Subject: The Department of Natural Resources requests bids for Self-Contained Continuous Ambient Ozone Monitors/Analyzers as shown on the Specifications included in this bid. The agency plans to purchase fourteen (14) monitor/analyzers at this time, with any future purchases contingent upon need and available funding. All correspondence regarding this bid must refer to bid #D-010-08. After an award is made any correspondence, documents, price lists, etc., concerning this contract must include this bid number and must be sent to the DNR Purchasing Office to be acknowledged. 2. Contract Term and Contract Extensions: A one year contract term is anticipated as a result of this bid and shall run for one-year from the date of intial DNR purchase order issuance. This contract is subject to two optional one-year extensions. These extensions are not automatic and are subject to mutual agreement between the DNR and the awarded contractor. 3. Firm Prices: Pricing must remain firm for the initial contract period for each type of equipment/analyzer. Any price increase after the initial one year term must be received in writing and must be approved by this agency prior to any extension of any of the contracts resulting from this solicitation. 4. Bidder Qualifications and Warranty/Product Support Information: Bidder must either be a manufacturer, or a manufacturer’s authorized distributor or dealer, with the ability to provide replacement parts and service for the equipment as specified. All bidders shall supply a statement indicating if they are a manufacturer or authorized dealer or authorized distributor for the specified equipment being bid. A statement must also be provided detailing the warranty scope and time frame for all items bid. 5. F.O.B. Destination: All initial equipment orders are to be delivered to the attention of Bruce Rodger at 1242 River Road, Wisconsin Dells, WI, 53965, FOB Destination, with all operating instructions, operating manuals, and maintenance manuals furnished to DNR personnel. Future orders for any additional analyzers are anticipated to be delivered to this same location. Bid prices are to include all shipping, packing, insurance, instructional, and manual charges, as well as any duties or custom clearance charges, if any apply. Vendors shall indicate an expected delivery time frame in the appropriate spot on the Bid Price Sheet. To comply with federal grant requirements the initial quantities shown above need to be shipped, delivered and billed to the WI DNR before September 30, 2013. Therefore, any Bid Price Sheet submitted, with a delivery time frame greater than thirty (30) days after receipt of order, may be rejected. 6. Specifications: The specifications shown on the attached are the minimum acceptable specifications of the equipment desired. Any equipment bid must be clearly identified by manufacturer and model or stock number, and adequate detailed product information must be furnished to support conformity to specifications. The Department will be the sole judge of acceptability and conformance to specifications. All bidders shall clearly indicate any exceptions to the indicated specifications for the units they have bid. If exceptions to the specifications are noted by the bidder the Department will be the sole judge of the acceptability and conformance of the product bid to the stated specifications. 7. Method of Bid: Bidders must submit their Unit Cost and Total Bid Amount for the equipment specified on the attached Bid Price Sheet. Bidders should also show the expected delivery date in the appropriate spot on the form along with the manufacturer name and model or stock number for the unit being bid. Bidders shall indicate on the outside of their bid response envelope or on the first page of their fax, the bid number, the date and time of the bid opening, and in large letters “SEALED BID ENCLOSED”. All Bidders are directed to use the attached Bid Checklist as a tool to help them submit a complete bid package. Faxed bid responses will be allowed and should be faxed to 608-264-6277. All faxed bid responses must have a facsimile transmission cover letter. This letter will include: Date Agency fax number (608-264-6277) Agency name (Wisconsin Dept. of Natural Resources) Agency contact person and telephone number (Richard M. Straub, 608-261-6415) Bidder fax number (if available) Bidder name Bidder contact person and telephone number Number of pages (including cover) being transmitted All faxed replies to bid requests must be signed. Each page should be initialed and numbered "page 1 of 5, page 2 of 5," etc. Faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission must be completed prior to the bid opening due date and time. Bidders who fax their bids must also submit an original copy of the bid within one week of the bid opening. Bids must be submitted by Tuesday, August 27, 2013 at 11:00 AM CDT by fax or to one of the following two addresses depending on the bidders planned method of delivery: USPS Richard M. Straub FN/2 WI Department of Natural Resources PO Box 7921 Madison, WI 53707-7921 COMMON CARRIER AND HAND DELIVERY ADDRESS Richard M. Straub FN/2 WI Department of Natural Resources 101 S. Webster St. Madison, WI 53703 For hand delivered bids, bidders should be aware that they must gain building entry through a reception desk. This may cause delays in gaining entry to the 2nd floor and the Purchasing Office. Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Office, for purposes of this RFB. All bidders are responsible for the delivery of their bid package to this purchasing office prior to the stated bid opening time. Late bids and unsigned bids will be rejected. 8. Method of Award: Award will be made to the lowest responsive and responsible bidder based on the Total Bid Amount as submitted on the Bid Price Sheet. Bidders are directed to use the attached Bid Checklist as a tool to help them submit a complete package. 9. Bid Opening: There will be a public bid opening on Tuesday, August 27, 2013 at 11:00 AM CDT at 101 S. Webster Street, Madison, WI 53703, 2nd Floor, Room 223 (Bureau of Finance Conference Room). 10. How to get on the State of Wisconsin’s Bidders List: Vendors are directed to the State of Wisconsin’s computerized vendor information system, ”VendorNet”, for additional electronic copies of this bid package, and for information on receiving automatic notification of all state agency procurements over $50,000 in a vendors particular area of interest. The web address for VendorNet is http://vendornet.state.wi.us. If there is a need to solicit bids for additional equipment upon the completion of the contract initiated by this procurement, only vendors registered with “VendorNet” will receive automatic notification of the bid. Your firms’ receipt of this bid in the mail does not guarantee receipt of future bids for these services. 11. Minority Business (MBE) requirements: The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Administration, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises. 12. Disabled Veteran Owned Business requirements: The Wisconsin Department of Natural Resources and all state agencies may make awards to the certified disabled veteran-owned business submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. Awards shall be made to the certified disabled veteran-owned business submitting the lowest qualified bid. The State Bureau of Procurement DVB Program manager shall review and approve in writing any decision not to award to the lowest qualified bid. 13. 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. SPECIFICATIONS RFB #C-007-08 Self-Contained Continuous Ambient Ozone Monitors/Analyzers All equipment provided through this bidding process must be new equipment and must meet the following conditions/requirements and specifications. I. General Specifications for Self-Contained Continuous Ambient Ozone Monitor/Analyzer Required for Purchase: A self-contained monitor/analyzer capable of continuously monitoring ambient air for ozone. The Department plans on purchasing fourteen (14) units at this time. The instruments bid must meet the following requirements and specifications: Requirements 1. Method of analysis must be a "designated reference" or "equivalent" method in accordance with Federal Register, 40 CFR Part 53 "40 FR 7049, 18 February 1975). The analyzer shall display a label or sticker indicating the reference designation number assigned by USEPA. 2. Method of analysis - ultra violet absorption. A 254 nm UV light signal shall be passed through the sample cell where it is absorbed in proportion to the amount of ozone present. Every 3 seconds, a switching valve shall alternate measurement between the sample stream and a sample that has been scrubbed of ozone. The result is a true, stable ozone measurement. 3. Analysis specific to ozone. 4. Linear response through full range. 5. Totally self-contained in one separate unit. Unit shall be equipped with rack mountable slide rails (standard 24" rack mounts). 6. Unit must be micro-processor controlled, with system diagnostics. 7. Internal Zero/Span with optical detector feedback control. Internal Zero/Span with generator span drift <1%/month. Performs 3-point Internal Zero/Span with precision point. II. System Specifications 1. The power required to operate the unit shall be 115 volt AC, 60 HZ. All functions shall perform within specifications at any line voltage from 105 to 125 volts AC. 2. The vendor shall guarantee the availability of all replacement parts or comparable substitutes for a period of not less than 7 years after the last comparable model was produced. 3. Where only one unit is purchased, the unit shall be supplied with two complete operation manuals containing a general description of the instrument functions and components, complete and specific operating instructions, necessary maintenance instructions, complete replacement parts list showing manufacturers and locations, commercial identification and cost of all spare parts, a high mortality parts list, complete detailed wiring and schematic diagrams noting test points and voltages, troubleshooting procedures, detailed removal and reinstallation instructions for components subject to replacement and a list of all fuses and replacement fuse ratings. Manuals shall be provided in hard copy and one copy shall be provided on CD with an interactive table of contents linked to subjects. Where two or more units are purchased the number of manuals should equal one more than the number of instruments. III. Design and Performance Specifications A. Analyzer Section: 1. Measurement Method: Microprocessor controlled Ultraviolet absorption using one lamp, one tube and one detector. 2. Measurement Method must have an EPA equivalency number. 3. Power: 105-130 VAC, 60 Hz. 4. Ranges: 0-100 ppb to 0-10 ppm, in increments of 1ppb user selectable; Dual ranges and autoranging supported. 5. Lower Detectable Limit: Less than .6 ppb. (RMS). 6. Noise: Less than 0.3 ppb. (RMS) for zero and Less than 0.5% of reading above 100 ppb (RMS) for span. 7. Precision: .5% of Reading. 8. Linearity: 1% of full scale. 9. Zero Drift: <1.0 ppb/24 hrs. i. <1.0 ppb/7 days. 10. Span Drift: <1% of reading/7days. 11. Rise and Fall time (to 95%): <20 seconds. Lag time: <10 seconds. 12. Outputs: Three (3) minimum, two data concentration and selectable test channel output, bipolar independently selectable for ± 100 mv, ± 1 V, ± 5 V, ± 10 V. 13. Shall have capability of offsetting recorder from analyzer ± 10% of full scale range. 14. Single Cell, Single Pass design (no alignment or "Balancing" shall be required). Optical bench lamp shall be temperature controlled. Lamp shall be powered by a high frequency switching power supply. 15. An inline particulate filter shall be included. Filter shall be front panel accessible with ability to view filter condition without disassembly. 16. Flowrate through the analyzer to be displayed with front panel display and equipped with Critical Flow Orifice flow controller at a sample flow rate less than or equal to 1LPM. Pump shall be internal to the analyzer. 17. Measurement shall be temperature and pressure compensated. 18. Analyzer must be US EPA Equivalent and/ TUV certified from 5C to 40C. 19. Unit to be supplied with a complete instruction and maintenance manual. 20. Warranty shall be two years, parts and labor. 21. Unit supplied shall include/contain ability to view last 100 hourly averages. 22. Software shall be in non-volatile memory. 23. Set-up parameters shall be stored in non-volatile memory. 24. Shall provide Diagnostic warning messages in case of out of tolerance of: System Reset Lamp Power Supply DAS Data Erased Configuration Erased Sample Flow Sample Pressure Sample Temp Chassis Temp Photometer Temperature O3 Generator Lamp O3 Generator Temperature O3 Generator UV Detector O3 Scrubber Temperature Front Panel Communication Mother Board Communication Relay Board Communication 25. Test function shall provide reading of: Analyzer Detection Measure Reading Analyzer Detection Reference Reading IZS Lamp Intensity Sample Pressure Sample Flow and Temp Analyzer Lamp Intensity IZS Lamp Temp Chassis Temp Power Supply Operation Selectable Test Function Channel on analog output allows test parameters to be sent to chart recorder. 26. Photometers must be equipped with following functions and capabilities: Color graphics display with touch screen interface 8 analog inputs (optional for analyzers) Ethernet, RS-232, and optional USB com ports Front Panel USB connections for peripheral devices and firmware upgrades Commonality of parts across all equipment models of analyzers by same manufacturer. Independent calibration output ranges Onboard DAS for data and diagnostics 27. In addition to Ozone concentrations, the instrument shall be able to view the following parameters in real time without disrupting data collection: O3 Generator Power Supply Sample Pressure Sample Flow Sample Temperature Photometer Lamp Temperature Ozone Scrubber Temperature Ozone Generator Temperature Chassis Temperature Slope Zero Offset Test Channel Output Current Time of Day 28. Must have vacuum fluorescent display. B. Internal Ozone Generator: 1. Built into analyzer. Internal ozone generator shall be capable of internal software-controlled self calibration. 2. Temperature and current controlled lamp. Shall automatically measure and correct the lamp intensity through the microprocessor controlled feedback loop. 3. Output: Up to 1 ppm at normal generator flowrate. 4. Stability: 1% of reading/30 days. 5. Shall have the ability to set required concentration directly in ppb from the front panel. 6. Shall provide a response time to 98% of final stable reading within 5 minutes. 7. It shall be possible to initiate this ozone generation cycle by any of the following methods: Front panel menu selection Remote control closure Internal self timer Remote RS232 command C. RS232 and Status Output: 1. Shall provide bi-directional RS232 interface capability to accommodate both printers and host computers/terminals. 2. Any function that can be accomplished from keyboard shall be capable of being performed through the RS232. 3. RS232 message types shall include: DAS Reports (R) Warning Messages Analyzer Control/Status Reports Diagnostics Commands/Reports Test Measurements Instrument Variables: Monitoring/Modifying 5. Status output shall provide isolated contact closures for zero cal, span cal, flow, temperature, warning, and when in diagnostic mode. 6. Analyzer shall have the ability to connect to an Ethernet and shall support a unique IP address for access from anywhere in the network. Ethernet port shall have a standard RJ45 connector. IV. Contract Conditions 1. The vendor shall provide start-up service for a period of 1-2 days upon delivery of the instrument. At the end of this period, the instrument shall be completely operational as per Design and Performance Specifications (Sec. III above). Start-up service shall include training of DNR operators in the routine maintenance tasks necessary for the instrument operation. This would require a visit of a factory representative to Wisconsin DNR to perform at least a one day training course for DNR staff. DNR will pay for travel costs (transportation, meals, lodging). These services will only be required for the initial order of 14 units specified in this bid. If the Department elects to purchase additional units after the initial order, these services will not be necessary. 2. The vendor shall negotiate the delivery of their instruments with the Wisconsin DNR. With each instrument delivered, the vendor shall assure that each monitor/analyzer is affixed with an EPA Designation Sticker, that the equipment is operating properly, and that it will pass DNR "PERFORMANCE SPECIFICATIONS". 3. The Wisconsin DNR will perform a 60 day evaluation of each instrument to determine compliance or noncompliance with performance specifications. Such evaluation will begin on receipt of the instrument by DNR, subject to paragraphs 1 and 2 above. In addition, the monitor/analyzers must provide 95% of all hourly averages of the pollutant concentration (with the instrument performing within the limits of the purchase specifications) during this period; provided that the monitor/analyzer is operated in accordance with the manufacturers operating manual and provided there is no power interruption. 4. In the event of noncompliance with performance specifications, the vendor will, within 30 days, repair and report any changes made, as well as any resulting change in performance. If more than two performance testing periods are required, acceptance of the unit will be the prerogative of DNR. If the instrument must be returned to the vendor for repair before acceptance, shipping charges shall be paid by the vendor. No modifications may be made which have not been authorized by USEPA as a condition of approval as a reference or equivalent analyzer. 5. Payment by DNR will be forthcoming after each instrument has satisfactorily passed the acceptance tests covered in the purchase order. 6. The instruments shall be warranted by the vendor to meet DNR specifications, and warranted against faulty materials and workmanship, for a period of at least two (2) years from date start-up is completed; except that the CPU shall be warranted for five (5) years. 7. The vendor shall provide a copy of the warranty to DNR no later than the date the equipment is certified as operational (see step 2 above). The warranty will include the date of initial coverage and the date of expiration. 8. The vendor shall warrant, for at least 1 year, either on-site repairs within 72 hours, or factory repairs, after notification of instrument failure - such warranty not to include regular maintenance requirements demonstrated in start-up training or malfunctions induced by the operator. If the instruments must be returned to the factory, the manufacturer must provide within 72 hours of receipt the repaired instrument. 9. For at least one year following the date start-up is completed, the vendor shall warrant that the period or periods each instrument is inoperable will not exceed a total of 30 days. Each inoperable period shall begin when the vendor is notified by DNR of instrument failure and continuing until the instrument is again operating within specifications. Such warranty does not include malfunctions induced by the operator, nor when forces beyond the control of the vendor cause a delay in operation greater than 30 days. 10. Any exception to DNR bid specifications shall be explained by the vendor in writing. The explanation shall include the extent of the deviation and the reason for it. 11. Bid prices must be shown on the "BID PRICE SHEET". BID PRICE SHEET RFB #D-010-08 Self-Contained Continuous Ambient Ozone Monitors/Analyzers NOTE: This form must be used to submit your bid. Fill it out completely and return it along with a completed Vendor Information Form and a Request for Bid Form (do not put prices on the Request for Bid Form; fill in the bottom half of the form only). Adequate detailed product information to support conformity to specifications must be included in your bid package for all items bid, along with a warranty scope and time frame. ITEM DESCRIPTION UNIT COST Self-Contained Continuous Ambient Ozone Monitors/Analyzers ______________ Part No._________________________________________ Manufacturer____________________________________ Delivery time frame _______________________________ TOTAL BID AMOUNT (UNIT COST) X (14 UNITS INITIAL PURCHASE) = Company Name & Address _________________________________________ _________________________________________ _________________________________________ _________________________________________ Name _________________________________________ Title _________________________________________ Signature _________________________________________ Date _________________________________________ ________________ STATE OF WISCONSIN Bid / Proposal # D-010-08 DOA-3477 (R05/98) Commodity / Service AIR MONITORING EQUIPMENT VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME FEIN Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 2. State Zip + 4 Name the person to contact for questions concerning this bid / proposal. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 3. State Zip + 4 Any vendor awarded over $50,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 4. State Zip + 4 Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings. Name Title Phone ( ) Toll Free Phone FAX ( ) E-Mail Address ( ) Address City 5. State Zip + 4 CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin Department of Natural Resources Request for Bid No. D-010-08 BID CHECKLIST Bidders are to complete, sign and return the following forms, and provide the information as required by the Specifications and the Special Conditions of Bid. Use the list below to check off the items as they are completed and as a mailing check list. A complete bid package must contain all the items lited below. 1. ____ DOA-3070, Request for Bid Form (signed) 2. ____ Bid Price Sheet (signed with delivery time frame indicated for item bid) 3. ____ DOA-3477, Vendor Information form 4. ____ Bidders must provide detailed product information that supports conformance with the specifications and note any exceptions to the specifications for the items they bid. 5. ____ All bidders shall supply a statement indicating if they are a manufacturer or authorized dealer or authorized distributor for the specified equipment being bid. A statement must also be provided detailing the warranty scope and time frame for all items bid per Special Conditions of Bid Section 4. 6. ____ All bidders must indicate on the outside of their response the bid number, date and time of bid opening, and in large letters “SEALED BID ENCLOSED”. Fax bids must follow all instructions included in Special Conditions of Bid. NOTE: The State reserves the right to reject incomplete bids.
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