EDWARD BRADLEY/PURCHASING BIDS MUST BE SEALED & ADDRESSED TO: AGENCY ADDRESS:

EDWARD BRADLEY/PURCHASING BIDS MUST BE SEALED & ADDRESSED TO: AGENCY ADDRESS:
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R05/2014)
BIDS MUST BE SEALED & ADDRESSED TO:
AGENCY ADDRESS:
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #
EDWARD BRADLEY/PURCHASING
SERVICES
DEPARTMENT OF CORRECTIONS
3099 E WASHINGTON AVENUE
P.O. BOX 7991
MADISON WI 53707-7991
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 the person named below for an appointment to view the bid record. Bids
shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached
terms and conditions apply to any subsequent award.
Remove from bidder list for this commodity/service. (Return this page only.)
EB-5595
REQUEST FOR BID
THIS IS NOT AN ORDER
BIDDER (Name and Address)
Bids MUST be in this office no later than
2/25/16
2:00 PM CT
Name (Contact for further information)
Edward Bradley, Purchasing Agent-Senior
Phone
Date
608-240-5572
1/27/2016
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Item
No.
Quantity
and Unit
Fax bids are not accepted
Price
Per Unit
Description
Total
The Department of Corrections, Bureau of Correctional
Enterprises (BCE) is requesting bids for Sludge Removal and
Disposal for Kettle Moraine Correctional Institution (KMCI)
and Fox Lake Correctional Institution (FLCI), per attached
terms, conditions and specifications.
01
1 Gallon
Sludge Removal and Disposal Cost
Approximately 1.7 million gallons annually (1 million from
KMCI and 700,000 from FLCI)
$_____/gallon
N/A
Bid prices must include all labor, travel, insurance costs, and
Certified Lab Test fees.
Payment Terms
Net 30
Delivery Time
Per specifications
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.
Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity
Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.
We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED
Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact
the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (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) 266-5462.
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)
Title
Signature of Above
Date
Phone
Email:
Fax
This form can be made available in alternate formats to individuals with disabilities upon request.
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 3 of 29
STATE OF WISCONSIN
REQUEST FOR BID (RFB) # EB-5595
FOR: Sludge Removal and Disposal
TABLE OF CONTENTS
DEFINITIONS
1.0
INTRODUCTION, PURPOSE, AND SCOPE
2.0
BID PROCEDURE AND INSTRUCTIONS
3.0
BID ACCEPTANCE, EVALUATION AND AWARD
4.0
TECHNICAL REQUIREMENTS
5.0
PERFORMANCE REQUIREMENTS
6.0
PRICING
7.0
SUPPORT REQUIREMENTS
8.0
STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS
9.0
REQUIRED FORMS AND ATTACHMENTS
ATTACHMENTS
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 4 of 29
DEFINITIONS:
The following definitions are used throughout the bid:
ARO:
After Receipt of Order
Bidder:
Firm submitting a bid in response to this Request for Bid
Contractor:
Successful vendor awarded the contract
DAI:
Division of Adult Institutions, administration of all state correctional incarceration facilities except those
juvenile facilities operated by Division of Juvenile Corrections – headquartered at DOC Central
Offices, 3099 E Washington Ave., Madison, WI 53704
DCC:
Division of Community Corrections, supervises offenders outside secure facilities
DJC:
Division of Juvenile Corrections, operates the two correctional ‘schools’ – headquartered at DOC
Central Offices, 3099 E Washington Ave., Madison, WI 53704
DOA:
Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and
delegate all aspects of procurement of commodities and services for state agencies.
DOC:
Department of Corrections, also referred to as the department or the DOC – headquartered at DOC
Central Offices, 3099 E Washington Ave., Madison, WI 53704
DVB:
Disabled Veteran-Owned Business
MBE:
Minority Business Enterprise
Offender:
Person under the custody or supervision of the Wisconsin Department of Corrections
P-Card:
Procurement Card (State credit card)
Purchasing: Department of Corrections’ Purchasing Services Section
RFB:
Request for Bid
State:
State of Wisconsin
Vendor:
Firm submitting a bid in response to this Request for Bid
WCCS:
Wisconsin Correctional Center System, a system of small minimum security centers located around
the state which offer work-release options to offenders to prepare them for release
WWCS:
Wisconsin Women’s Correctional System
Must:
Shall:
Should:
WPDES:
Requirement is mandatory
Requirement is mandatory
Desirable but not mandatory
Wisconsin Pollutant Discharge Elimination System
RFB # EB-5595
RFB NAME: Sludge Removal
1.0
Due Date: 2/16/16
Page 5 of 29
INTRODUCTION, PURPOSE, AND SCOPE
1.1
PURPOSE OF THIS REQUEST FOR BID
The Department of Corrections hereinafter referred to as the "DOC", through its Purchasing Services
Section, hereinafter referred to as "Purchasing," on behalf of Kettle Moraine Correctional Institution
hereinafter referred to as "KMCI” and Fox Lake Correctional Institution hereinafter referred to as “FLCI”
request bids for Services for removal and disposal of approximately 1,000,000 gallons of sludge annually
from KMCI and approximately 700,000 gallons of sludge annually from FLCI.
The DOC is the sole point of contact during the selection process. The person responsible for managing
the procurement process is Edward Bradley.
Other State agencies may use the resulting contract, if agreeable to both the DOC and the vendor, to
obtain the benefits of volume purchases and/or reduction in administrative expenses.
Conditions of bid that include the word "must" or "shall" describe a mandatory requirement. All
specifications are defined as mandatory minimum requirements unless otherwise stated.
1.2
CONTRACT TERM
The contract term will be for one year, with options to extend the contract for four (4) additional one-year
terms. Renewal(s) beyond the initial contract term is contingent upon the performance of the contractor
during the contract period and upon availability of funds. These are not automatic renewals. Contracts will
be reviewed by the DOC before a decision is made. Any renewal(s) must be authorized by mutual written
agreement of the vendor and the state.
Renewal(s) beyond the initial contract term is contingent upon the performance of the contractor during
the contract period and upon availability of funds. These are not automatic renewals. Contracts will be
reviewed by the DOC before a decision is made. Any renewal(s) must be authorized by mutual written
agreement of the vendor and the state.
1.3
EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and
revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by DOC and the
contractor shall become part of the contract. Failure of the successful bidder to accept these as a
contractual agreement may result in a cancellation of award.
In the event of any conflicts or disputes between the parties about the meaning of any part of the contract,
the following priority of documents will be used to resolve the conflict or dispute:
State of Wisconsin standard terms and conditions
Final Signed Contract including any attachments or amendments
Official State of Wisconsin Purchase Order
Bidder’s written bid document
State of Wisconsin Request for Bid, including any amendments;
Other exhibits/attachments
Successful bidder(s) should retain a copy of this DOC Request for Bid document and their own response
to the RFB solicitation, as it becomes part of the awarded contract.
1.4
CANCELLATION AND TERMINATION
This Contract may be terminated for the following conditions:
1.4.1
The DOC may terminate the Contract at any time, with or without cause and without penalty by
delivering thirty (30) days written notice to the Contractor.
1.4.2
The DOC has a Vendor Performance Evaluation process for soliciting feed-back from contract
users about vendor performance and compliance with contract specifications.
Vendor
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 6 of 29
noncompliance with the terms, conditions or specifications that is persistent and/or significantly
impacts the quality and performance provided pursuant to the contract may be considered in
breach of contract. Negative Vendor Performance Evaluation Surveys may result in non-renewal or
termination of contract.
1.5
1.4.3
If at any time the Contractor performance threatens the health and/or safety of the DOC, the DOC
has the right to cancel and terminate the Contract without notice.
1.4.4
Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for
Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided
in #23 of the Standard Terms and Conditions, the DOC has the right to cancel and terminate the
Contract without notice.
1.4.5
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, the DOC has the right, in addition to
any other rights of whatsoever nature that it may have at law or inequity, to terminate the Contract
by giving 10 calendar days notice in writing of such termination.
1.4.6
Failure of the DOC to comply with contract terms, conditions or specifications shall provide the sole
cause for which the Contractor is entitled to terminate the contract. The Contractor shall notify the
Department in writing within thirty (30) days after the Contractor becomes aware of the alleged
noncompliance with a complete description of the same. If the DOC does not, within forty-five (45)
days after its receipt of the Contractor’s notice, either (1) effect a cure or (2) if the noncompliance is
not one that can reasonably be cured within forty-five (45) days, develop a plan to cure the
noncompliance and diligently proceed according to that plan unto a cure is effected, then the
Contractor may terminate the Contract for cause by written notice to the DOC. The Contractor may
not terminate the Contract without cause unless express written consent to do so is provided by the
DOC.
VENDORNET REGISTRATION
Department of Administration and State Bureau of Procurement policies no longer require maintenance of
bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to
post solicitations for bids/proposals in the Legal Notices of the Official State Newspaper. Vendors who fail
to register with VendorNet or who register or change/add commodity codes after the posting of a
solicitation may not receive notification of procurement solicitations including amendments or
cancellations.
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell to the state. Anyone may access VendorNet on the
Internet at http://vendornet.state.wi.us/vendornet/asp/reginfo.asp to get information on state purchasing
practices and policies, commodities and services that the state buys, and tips on selling to the state.
Vendors may use the same Web site address for inclusion on the bidders list for commodities and
services that the organization wants to sell to the state. A subscription with notification guarantees the
organization will receive an e-mail message each time a state agency, including any campus of the
University of Wisconsin System, posts a request for bid or a request for proposal in their designated
commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access
receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified
bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid
opportunities.
To obtain information on the state’s bidder registration, visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison
area, call 608-264-7898.
Make sure to select all the appropriate NIGP (Commodity) Codes. Bid lists are generated by NIGP codes.
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 7 of 29
Consider using a generic email address that is accessed or delivered to multiple recipients (example:
[email protected]). This will insure that the bid notice is received.
2.0
BID PROCEDURES AND INSTRUCTIONS
2.1
REASONABLE ACCOMMODATIONS
The DOC will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If accommodations at a bid
opening/vendor conference are needed, contact Edward Bradley via telephone at 608-240-5572 or email
at [email protected]
2.2
BID SUBMITTAL
Bidders must submit an original, marked as such, and 1 copy of all materials required (see section
2.4 and 9) for acceptance of their bid. Receipt of a bid by the State mail system does not
constitute receipt of a bid by the Purchasing Services Section, for purposes of this RFB. Use one
of the options below for return of the bid.
The Bid(s) must be received at the Purchasing Services Section, at the office listed below, no later than
2/25/2016 2:00 PM Central Time. Any bids received after that time and date will be rejected.
USPS ADDRESS
EDWARD BRADLEY/ PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
PO BOX 7991
MADISON WI 53707-7991
COMMON CARRIER ADDRESS
EDWARD BRADLEY/ PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
3099 EAST WASHINGTON AVE
MADISON WI 53704-4338
NOTE: Allow an extra day for deliveries to the PO Box address.
FAXING: Faxed bids are NOT accepted.
E-MAILING: Emailed bids are NOT accepted.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor’s Name and Address
Request for Bid Title
Request for Bid Number
Bid Due Date
2.3
CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid (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 issuing an amendment to this RFB to be posted on VendorNet, unless the event is listed as
estimated or approximate.
DATE
1/27/2016
2/8/2016
2/12/2016
2/25/2016
3/1/2016
3/15/2016
2.4
EVENT
RFB posting date
Last day for submitting written questions
Answers to questions posted on VendorNet (estimated)
Bids due from vendors
Estimated award date
Approximate Contract Start date
FORMAT OF BID
Responses to this RFB must comply with the following format requirements (reference Section 8).
2.4.1
SIGNED REQUEST FOR BID, Form DOA-3070 – Cover sheet of this RFB
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 8 of 29
Include here the signed Request for Bid form included with the bid and those certifications
required for submittal of a bid. Bids submitted in response to this RFB must be signed by the
person in the vendor's organization who is responsible for the decision as to the prices being
offered in the bid or by a person who has been authorized in writing to act as agent for the person
responsible for the decision on prices.
2.4.2
COST SUBMITTAL INFORMATION
Bidders must submit cost on the Request for Bid on form (DOA-3070), complete and sign,
including a price per gallon. Cost must include labor, travel, insurance and test fees. All costs to
furnish the service(s) included in the bid, in accordance with the terms and conditions of this RFB,
must be included.
2.4.3
VENDOR INFORMATION, Form DOA-3477
Provide Vendor Company contact information as requested on the form.
2.4.4
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION, Form DOA-3027
Information submitted as part of the bid document which is proprietary and confidential in nature
and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records
Law – Section 19.36(5), Wis. Stats. Complete and sign the attached form.
2.4.5
WISCONSIN’S COOPERATIVE PURCHASING SERVICE, Form DOA-3333
Vendors are encouraged to extend the contract resulting from this RFB to local governments in
Wisconsin. Indicate your willingness to allow Wisconsin municipalities to participate in this
contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing Service.
2.4.6
VENDOR REFERENCE, Form DOA-3478 Complete the Vendor Reference form with four
vendors that your company has done business with providing services. Include the company
name, address, contact person and telephone number along with a brief description of the
service.
2.4.7
STATE OF WISCONSIN TERMS AND CONDITIONS
The standard (DOA-3054) and supplemental (DOA-3681) terms and conditions shall govern this RFB
and subsequent award. Vendors must accept these terms and conditions or submit point-bypoint exceptions along with proposed alternative or additional language for each point,
including any vendor contracts. Submission of any standard vendor contracts as a
substitute for language in the terms and conditions is not a sufficient response to this
requirement and may result in rejection of the vendor's proposal. The State reserves the
right to negotiate contractual terms and conditions other than those in the State of Wisconsin
Contract when it is in the best interest of the State to do so.
2.5
INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this
RFB.
2.6
QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT
All communications and/or questions regarding this request must be written and submitted via FAX, email, USPS mail or hand delivery to the Purchasing Services Section.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in
this RFB, they have five (5) business days after the bid posting date to notify, in writing, the Purchasing
Agent at the address shown below of such error and request clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
EDWARD BRADLEY / PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
PO BOX 7991
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 9 of 29
MADISON WI 53707 7991
[email protected]
Fax: 608-240-3342
From the date of release of this RFB through the entire RFB process, all contacts with the DOC regarding
this RFB shall be made through the Purchasing Services Section. Violation of this condition may be
considered sufficient cause for rejection of a bid, irrespective of any other considerations.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFB, amendment(s) will be posted on VendorNet.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any
amendment(s) thereof.
3.0
BID ACCEPTANCE, EVALUATION AND AWARD
3.1
BID OPENING
Bids will be opened on the date and time indicated on the Request for Bid Form (DOA-3070) at 3099 East
Washington Ave. Madison, WI 53704 Purchasing Services Section room. Names of the bidders shall be
read aloud at that time.
3.2
BID ACCEPTANCE
Bids which do not comply with instructions or are unable to 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 instructions contained in this RFB.
3.3
BID EVALUATION
Bids will be evaluated by the DOC's purchasing agent and program manager to verify that they will meet
all specified requirements in this RFB. This verification may include requesting reports on the vendor's
financial stability, conducting demonstrations of the vendor's proposed service(s) and reviewing results of
past awards to the vendor by the State of Wisconsin.
FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY THE BID. However, if no
bidder is able to comply with a given specification, condition of bid or provide a specific item, Purchasing
Services reserves the right to delete that specification, condition of bid or item.
3.4
METHOD OF AWARD
Award(s) shall be made on the basis of the lowest price per gallon from a responsive, responsible
bidder meeting bid specifications and requirements, which is judged to be in the best interest of the
DOC. The DOC reserves the right to accept or reject any and all bids in whole or in part.
In the event of bidder error in calculation, unit price shall prevail in award.
If a responsive, responsible State qualified work center meets the fair market price and other work center
program criteria, the award will be made to the work center (Wisconsin State Statute 16.752).
3.5
MINORITY BUSINESS ENTERPRISE
Bids from a certified Minority Business (MBE) may be provided up to a five percent (5%) bid preference in
accordance with Wis. Stats. s. 16.75(3m). MBE must be certified by the Department of Administration to
be eligible for the preference. Indicate if applicable by checking the box on the front page, form DOA3070.
3.6
DISABLED VETERAN-OWNED BUSINESSES
Bids from certified Disabled Veteran-Owned Business (DVB) may be provided up to a five percent (5%)
bid preference in accordance with Wis. Stats. s. 16.75(3m). DVB must be certified the by the Department
RFB # EB-5595
RFB NAME: Sludge Removal
Due Date: 2/16/16
Page 10 of 29
of Administration to be eligible for the preference. Indicate if applicable by checking the box on the front
page, form DOA-3070.
3.7
NOTIFICATION OF INTENT TO AWARD
Any vendors who respond to this RFB, with a bid, will be notified in writing of the State’s intent to award
the contract(s) as a result of this RFB.
After notification of the intent to award is made, under the supervision of Department of Corrections,
copies of bids will be available for public inspection 8:30 a.m. to 3:30 p.m. at 3099 East Washington Ave.,
Madison WI. Vendors shall schedule reviews with purchasing agent to ensure that space is available for
the review.
3.8
APPEALS PROCESS
The appeals procedure applies to only those Requests For Bids for Services that over $50,000.00. Notice
of intent to protest and protests must be made in writing. Protesters should make their protests as specific
as possible and shall identify statutes and Wisconsin Administrative Code provisions that are alleged to
have been violated.
The written notice of intent to protest the Intent to Award a Contract must be filed with:
EDWARD F. WALL, SECRETARY
DEPARTMENT OF CORRECTIONS
PO BOX 7925
MADISON WI 53707 7925
And be received in the office above within five (5) working days after the notice of intent to award is
issued. The written protest must be received in the office above within ten (10) working days after the
notice of intent to award is issued.
Copies of the notice of intent to protest and the written protest should be sent to the Purchasing
Section Chief at the same address.
The decision of the head of the procuring agency may be appealed to the Secretary of the Department of
Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring
agency, provided the appeal alleges a violation of statute or a provision of a Wisconsin Administrative
Code.
4.0
TECHNICAL REQUIREMENTS
The following requirements are the minimum specifications of the service(s) required. Failure by a bidder to
respond to any specific requirement or question shall be the basis for elimination from consideration. However, if
no bidder is able to comply with a given specification, condition of bid or provide a specific item, Purchasing
Services reserves the right to delete that specification, condition of bid or item.
In pursuant to WI State Statute 16.705(1r), all contractual services provided under the contract resulted from this
solicitation must be performed in the United States. The few exceptions for State Statute 16.705 are identified
within the statute.
Revisions to this bid, if any, will be made in the form of an official amendment(s) issued by the Department of
Corrections, Purchasing Services Section.
4.1
VENDOR EXPERIENCE AND QUALIFICATIONS
4.1.1
Bidder shall have a minimum of 2 years in the business of providing Sludge Removal and
Disposal service.
RFB # EB-5595
RFB NAME: Sludge Removal
4.2
Due Date: 2/16/16
Page 11 of 29

Bidder shall submit documentation of the organization’s experience and qualifications in providing
the services as described above. Be specific. Identify services, dates and results. Attach copies
of any applicable certifications.
4.1.2
To be eligible for a contract award, Bidder must have the minimum qualifications as listed below
or bid will be disqualified
STAFF QUALIFICATIONS, EXPERIENCE AND TRAINING
4.2.1
Bidder shall have adequate staff with the required skills to ensure the quality and effectiveness of
program services. Programs shall also ensure that the staff is receiving appropriate training and
education to maintain quality services.
4.3
SPECIFICATIONS
4.3.1 Annual sludge and accumulated yearly summary information necessary for DNR reports are to be
delivered to the institution on or before 3:00 p.m. January 10th of each year or the Friday before if
the 10th falls on a Saturday or Sunday. Soil Test reports are to be submitted as needed in
compliance with DNR rules.
4.3.2 All management services shall be included in the base per gallon bid at no extra cost including the
Certified Lab Test Fees (please provide bottles and pickup) must meet NR503 regulations.
4.3.3 A timely report of gallons of sludge removed, the disposal field used and at what rate applied is
required and must be submitted 90 days after removal and disposal date.
4.3.4 Alternative disposal arrangements are solely the responsibility of the contractor. This may include
subcontracting the work. The added cost of this disposal will be paid by the originating institution
only if the emergency which requires such use was not caused by the fault of the contractor for
such reasons as, but not limited to, poor scheduling or equipment problems. DOC shall be the
sole judge of what constitutes an emergency and determines who is at fault.
4.3.5 If a subcontractor bills DOC for services performed, it must be at the current contract rate DOC
has with the primary contractor.
4.3.6 DOC staff will notify contractor to schedule services.
4.3.7 The contract is required to notify the institution requesting the service if they cannot make the
removal on the scheduled date. If this results in the contractor using subcontractors, it is the
contractor’s sole responsibility to find a subcontractor.
4.3.8 The estimated annual quantities identified on the REQUEST FOR BID, DOA-3070 form are for
informational purposes only and are based on the anticipated removal and disposal of sludge.
DOC does not guarantee any specific quantity. Bids that state DOC must guarantee a specific
quantity or dollar amount may be disqualified.
4.3.9 24-hour advance telephone notification to inform the respective institution of the hauling date is
required.
4.3.10 Sludge removal and disposal are to be done Monday through Friday between the hours of 6 a.m.
and 6 p.m.
4.3.11 Disposal to be done on DNR approved sites in compliance with Administrative rules CH.NR.204.
Disposal to be made as early as April or as late as November as fields are suitable for sludge
reception. DOC is not responsible for additional charges that occur for sludge removal done after
this date in a calendar year.
4.3.12 The sludge storage tanks must be reverse-flushed and cleaned to maintain the rated capacity and
normal use.
4.3.13 The equipment to be used shall have the capacity to empty 1,000,000 gallons of sludge within a 2week period upon commencement of the service.
4.3.14 The Vendor must assure compliance with the WPDES permit and specifically address
requirements in section 3.2.1.5, Daily Land Application Log and section 5.6.9 Soil Analysis
Requirements.
4.4
ON SITE SERVICE
In carrying out the scope of this Contract, the Contractor shall be required to perform services on DOC
property. Bidders cost must include all transportation and insurance charges. The contractor is required
to maintain insurance in compliance with “Standard Terms and Conditions 23.0 Insurance.
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RFB NAME: Sludge Removal
4.5
5.0
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ORDERS
Specific order(s) or Contract blanket order(s), may be issued to the Contractor(s).
4.5.1 Purchase Order(s): issued as one-time orders.
4.5.2 Blanket Purchase Order(s): issued for a specified period of time, to allow departmental personnel
to issue releases against the blanket purchase order(s) as needed.
4.5.3 Identify method by which orders may be received. (example: phone, fax, internet, etc.).
PERFORMANCE REQUIREMENTS
5.1
STAFF PERFORMANCE
The contractor shall utilize, on this contract, only workers that are skilled in the tasks to which they are
assigned. The DOC retains the right to require the reassignment of an employee or employees, as the
Department may deem necessary. Reasons for this request may be but are not limited to incompetence,
carelessness, disruptive or otherwise objectionable behavior. The request for reassignment is in no way a
call for dismissal. It is just a request for the individual to be reassigned out of the State facility.
5.2
STAFF AND EQUIPMENT
Contractor shall have in their employ, or under their control, sufficient qualified and competent personnel
to perform work promptly and in accordance with a schedule or work program, as approved by the DOC.
All equipment and supplies proposed must be capable of performing all operations in accordance with
specifications.
6.0 PRICING
6.1
FIRM PRICES
Prices must remain firm for the initial contract term.
6.2
PRICE INCREASE REQUESTS
Price increase requests proposed after the initial Contract term must be received by Purchasing in writing
90 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed
price increases are limited to fully documented cost increases submitted with the request and may not
increase more than the General Consumer Price Index. If Purchasing deems cost increases are not
acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases
shall be in the form of an amendment to the contract. Price increases must be labeled with the contract
number and be submitted in the same format as the original RFB. Any price increase requested that is
not submitted in the proper format may be rejected.
7.0 SUPPORT REQUIREMENTS
7.1 INVOICING / PAYMENT REQUIREMENTS
Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts
established for the items on this contract for all orders placed by the DOC even though the contract
number and/or correct prices may not be referenced on each order.
The DOC must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DOC
Accounts Payable. Before payment is made, DOC also must verify that all invoiced charges are correct as
per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt
payment requires that contractor invoices be clear and complete in conformity with the instructions below.
All invoices must be itemized showing:





Contractor name
remit to address
purchase order number
release number if given
date of order/release
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item manufacturer’s name or abbreviation (if applicable)
complete item description including catalog, model and/or stock number(s) identical to those
stated in bid
prices per the Contract
The original invoice and two copies must be sent to the DOC address listed on the Purchase Order.
Final payment may not be made until work has been accepted by the DOC.
7.2 SUBCONTRACTING
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise
transferred to any other Contractor without prior written approval by Purchasing Services.
7.2.1
The Contractor shall be directly responsible for any subcontractor’s performance and work quality
when used by the Contractor to carry out the scope of the job.
7.2.2
Contractor must assure subcontractors abide by all terms and conditions under this Contract.
7.2.3
If subcontractors are to be used, the Contractor must clearly explain their participation.
7.3 PRIME CONTRACTOR: MINORITY BUSINESS SUBCONTACTORS AND
DISABLED VETERAN-OWNED BUSINESS SUBCONTRACTORS
The prime contractor will be responsible for contract performance when subcontractors are used.
However, when subcontractors are used, they must abide by all terms and conditions of the contract. If
subcontractors are to be used, the bidder must clearly explain their participation.
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 Supplier Diversity Program 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.
The State of Wisconsin is also committed to the promotion of disabled veteran-owned businesses in the
state's purchasing program and a goal of placing 1% of its total purchasing dollars with certified disabled
veteran-owned businesses. Authority for this program is found in ss. 16.283(1)(b),(3) and
16.75(3m)(a)1,(b)2,3,(c), Wisconsin Statutes. The contracting agency is committed to the promotion of
disabled veteran-owned businesses in the state's purchasing program.
The State of Wisconsin policy provides that disabled veteran-owned businesses certified by the Wisconsin
Supplier Diversity Program 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 disabled veteran-owned businesses or by using such businesses to provide goods and
services incidental to this agreement, with a goal of awarding at least 1% of the contract price to such
businesses.
The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve these
goals, including the identities of such minority business enterprises and disabled veteran-owned
businesses certified by the Wisconsin Supplier Diversity Program and their contract amount.
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Minority and Targeted Business Participation Quarterly Reports shall be due fifteen (15) calendar days
after the end of the quarter, 9/30, 12/31, 3/31 and 6/30. The form (DOA-3234) for submitting this
information is available from the VendorNet Department of Administration Forms Page:
http://vendornet.state.wi.us/vendornet/doaforms/doa3234%20Minority%20Business%20Quarterly%20Report.doc.
The report shall be submitted even if there is no activity.
Submit to:
Email (preferred):
Or, post:
[email protected]
Please list “MBE Purchasing Report” in email subject line.
Department of Corrections
Purchasing Services Section
Attn. MBE Purchasing Report
PO BOX 7991
Madison, WI 53707-7991
The State reserves the right to request additional reports from the Contractor at no additional cost.
Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty
(30) calendar days from the time the request was submitted. These reports shall be in a form approved in
advance in writing by the State.
A searchable directory of certified minority business as well as certified disabled veteran-owned business
can be accessed via this website: https://wisdp.wi.gov/search.aspx . Information about the Wisconsin
Supplier Diversity Program, including contact information, is available on Department of Administration
website: http://www.doa.state.wi.us/Divisions/Enterprise-Operations/Supplier-Diversity-Program.
7.4 AFFIRMATIVE ACTION
All contracts of more than Fifty Thousand Dollars ($50,000) require the submission of a written affirmative
action plan or request exemption. Contractors with an annual workforce of less than fifty (50) employees
are eligible for exemption. Within fifteen (15) days after the award of the contract, the written affirmative
action plan, or statement requesting exception, shall be submitted to the Department’s Contract
Compliance Office. Address plan to:
AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
3099 E WASHINGTON AVE
PO BOX 7991
MADISON WI 53707 7991
Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal
opportunity.
"Affirmative Action Plan" is a written document that details an affirmative action program. Key parts of an affirmative action plan
are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of
the policy, (3) assignment of key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classification
where representation of women, minorities and the disabled is deficient, (5) goals and timetables that are specific and measurable
and that are set to correct deficiencies and to reach a balance of work force, (6) revision of all employment practices to ensure that
they do not have discriminatory effects, (7) establishment of internal monitoring and reporting systems to measure progress
regularly.
Failure to comply appropriately with these requirements can lead to bidder being banned from doing
business with any agency of the State of Wisconsin. Additionally, failure to comply can result in
termination of this contract, or withholding of payment. On the Vendor Information Sheet provide the
requested information. For additional information see Section 19.0 of the Standard Terms and Conditions.
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7.5 WISCONSIN SALES AND USE TAX REGISTRATION
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.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
7.6 TOBACCO-FREE ENVIRONMENT
All DOC Institutions are Tobacco-Free. Contractors are not to possess or use any tobacco product inside
an institution.
7.7 SECURITY AND CREDENTIAL REVIEW
The department requires that all bidders and contractors providing services in its facilities submit and pass
criminal background and license/credential checks. History of arrests and/or convictions could disqualify an
individual if deemed relevant to the position, service or site. Background checks will be conducted and paid
for by the institution, and records will be maintained on site, as well as copies of credentials and licenses
7.8 INSIDE FACILITY DELIVERY
These services may be required to be delivered within the confines of a State of Wisconsin Correctional
Facility to which access is tightly controlled. Delivery persons will need to be properly documented with
approved identification: a valid Wisconsin or other State’s driver’s license. Vehicles will be subject to
search upon entering and leaving said Facility. Vehicles containing weapons, drugs or drug paraphernalia,
live animals, additional passengers, and/or any other restricted items, etc. will not be allowed to enter.
Possession of contraband may be reported to local law enforcement.
All vehicles shall be thoroughly searched entering and leaving the institution to prevent introduction of
contraband and the use of the vehicle as a means of escape by inmates.
Vehicles leaving the institution shall have a designated position at which to stop before reaching the
vehicle exit, so that the driver and passengers can be properly identified. All vehicles leaving the
institution shall again be searched at the truck exit. Any vehicle that cannot be thoroughly searched must
be held inside the institution through an official count.
Trucks to be loaded inside the institution must be loaded under the supervision of a staff member. In
maximum security institutions, trucks shall never be left unsupervised while inside the institution. In
medium and minimum institutions, unattended trucks must be locked.
The Department of Corrections will not be responsible for any additional delivery charges resulting from
being denied entry by non-compliant delivery personnel.
7.9 ACCESS TO DOC INSTITUTIONS
Execution of this contract requires access/entrance into DOC secure facilities. All contractor staff will be
required to submit to a Criminal Background Check, which must be successfully completed prior to arrival.
Although specific policies vary somewhat between facilities, the following will apply:

All vehicles shall be thoroughly searched entering and leaving the institution to prevent introduction of
contraband and the use of the vehicle as a means of escape by inmates.

Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband
items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic
materials, explosives and weapons (including pocket knives and razor knives, unless a part of an
inventoried tool box.) Tool boxes should be inventoried prior to arrival to facilitate security staff
accounting. Items may be left with security, however illegal items may not be returned.
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
Trucks to be loaded inside the institution must be loaded under the supervision of a staff member. In
maximum security institutions, trucks shall never be left unsupervised while inside the institution. In
medium and minimum institutions, unattended trucks must be locked.

Vehicles leaving the institution shall have a designated position at which to stop before reaching the
vehicle exit, so that the driver and passengers can be properly identified. All vehicles leaving the
institution shall again be searched at the truck exit. Any vehicle that cannot be thoroughly searched
must be held inside the institution through an official count.

Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in
items x-rayed or searched.

Fraternization with inmates is prohibited. Nothing is to be given to inmates (food, mail, money,
newspapers or magazines, etc.) without authorization and nothing is to be received from inmates for
removal or transport from the institution.
7.10
EMPLOYEE IDENTIFICATION
All contractors’ employees, while working on DOC property, must wear a clearly displayed photo
identification badge (provided by the Contractor at the Contractor’s cost) 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.
7.11
CONFIDENTIALITY
The confidentiality of offender health information is protected by the federal Health Insurance Portability
and Accountability Act (HIPAA) regulations (45 CFR, parts 160 & 164), federal Alcohol and Other Drug
Abuse Patient Information regulations (42 CFR part 2), and by various Wisconsin laws governing the
confidentiality of medical, mental health, developmental disability, and alcohol and drug information. In
addition, the department considers all personally identifiable information relating to DOC employees or
offenders to be confidential, and such data is not to be released unless contractor receives written
approval from DOC.
7.12
LIQUIDATED DAMAGES
This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the
terms of this Request for Bid. Liquidated damages shall be assessed for actual cost of non-performance
of the contract in full or in part i.e. rental cost, coverage required of service, additional operating cost, etc.
Liquidated damages will be deducted from payments on the invoice covering the late shipments, if the
invoice is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount
to cover the liquidated damages on a particular shipment, the agency will request cancellation of the
invoice and a credit to cover the balance. All liquidated damage letters will be generated by the Contract
Manager or Purchasing designee.
7.12.1 CONTRACTOR APPEALS PROCESS
In the event liquidated damages are assessed the contractor will be given an opportunity to appeal the
damages by using the following process:





A Cure Notice is sent by the Contract Manager
Vendor respond’s to the Contract Manager’s Cure Notice letter.
Contract Manager responds back to the vendor after consulting with the program staff.
If vendor is not satisfied, the vendor appeals to the program Division Administrator.
If the vendor is still not satisfied with the Division Administrator’s response, the vendor can appeal to
the State Claims Board.
DOC does not provide in-person hearings under Chapter 227 of the statutes in a contract dispute.
NOTE: each party gets 15 business days to respond between steps unless otherwise agreed.
RFB # EB-5595
RFB NAME: Sludge Removal
7.13
EMPLOYMENT OF CURRENT OFFENDERS AND EMPLOYMENT AND RETENTION OF
INDIVIDUALS ARRESTED, CHARGED OR CONVICTED OF CRIMINAL OFFENSES
A.
Contractor may not employ a person who is on probation, parole, extended supervision, lifetime
supervision or an inmate who is supervised by Intensive Sanctions for any position where the
primary duties and responsibilities involve the supervision or treatment of inmates, probationers or
parolees or involve access to offenders' records or funds.
B.
Contractor will implement policies and procedures to ensure that:
1.
2.
7.14
Due Date: 2/16/16
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Job applicants or current employees shall be dealt with as follows:
a.
For a job applicant who has a pending criminal charge: Where the
circumstances of said criminal charge substantially relate to the
circumstances of a particular job or licensed activity, the applicant will
not be hired for that job;
b.
For a current employee who has a pending criminal charge: Where
the circumstances of said criminal charge substantially relate to the
circumstances of a particular job or licensed activity, the employee
will not be continued in that particular job;
c.
For a job applicant who is convicted of a criminal charge: Where the
circumstances of said criminal charge substantially relate to the
circumstances of a particular job or licensed activity, the applicant will
not be hired for that job; and
d.
For a current employee who is convicted of a criminal offense:
Where the circumstances of said conviction of a criminal or other
offense that substantially relates to the circumstances of the current
job or licensed activity, the employee will not be retained in that
particular job; and
e.
For a job applicant who is required to use an Ignition Interlock Device
(IID): Where the circumstances of said court ordered requirement
substantially relate to the circumstances of a particular job or
licensed activity, the applicant will not be hired for that job; and
f.
For a current employee who is required to use an Ignition Interlock
Device (IID): Where the circumstances of said court ordered
requirement substantially relate to the circumstances of a particular
job or licensed activity, the employee will not be retained in that
particular job.
Nothing in this Contract prohibits the Contractor from reassigning or suspending the
employee or, in the case of a conviction, terminating the employee.
C.
In hiring and retention decisions, Contractor may consider records of pending criminal charges
and convictions when it can be demonstrated that the circumstances of the offense substantially
relate to the circumstances of the job or licensed activity. When determining whether the
circumstances of a pending charge or conviction are substantially job related, Contractor should
take into consideration elements related to the position, the offense, and the individual.
D.
To make determinations on substantial relationships to the circumstances of the job, Contractor
must have written policies on how the applicant for employment and the employee will be
reviewed.
FRATERNIZATION
7.14.1 Contractor agrees to have a written policy on fraternization that prohibits the forming of improper
relationships between Contractor's employees and offenders. The policy must be substantially
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equivalent to the Department of Corrections' policy as expressed in Executive Directive 16, May
1991 - Revised January 1997, Further Revised August 2004. A copy of Executive Directive 16
may be obtained from the Contract Administrator.
7.14.2 Contractor shall address at the minimum the policy required in Sub. A: definitions of employee,
relationships and offender; a statement of prohibited relationships; duty of employee to inform
Contractor of unplanned contacts with offenders; a statement that Contractor-directed contacts or
those which are part of the employee's job duties are exempt from the policy; an exception
procedure which may be carried out by the Executive Director or designee; and a standard
employee statement indicating that each employee has read a copy of the Contractor's policy on
fraternization.
7.14.3 Contractor shall also agree to have a written policy which prohibits Contractor’s employees from
engaging in any sexual contact or sexual intercourse with offenders under the custody and control of
the Department of Corrections. The policy must be substantially equivalent to the Department of
Corrections’ policy as expressed in Executive Directive 16-A, August 2006. A copy of Executive
Directive 16-A may also be obtained from the Contractor Administrator.
7.14.4 Contractor shall maintain a copy of the signed employee statement on fraternization and sexual
contact in each employee's personnel file.
7.15
CONTRACTOR AUDIT REQUIREMENT
7.15.1 Governmental entities shall comply with the Single Audit Act of 1984, OMB Circular A-128 and the
State Single Audit Guidelines issued by the Department of Administration. They shall also comply
with the Department of Health and Family Services' Allowable Cost Policy Manual. Single audit
reports are due to the Department within 30 days from issuance of the report, but no later than
one year after the end of the audit period.
7.15.2 Non-profit agencies that have been certified under USC 501(c)(3) shall comply with OMB Circular
A-133, the Department's Contractor Agency Audit Guide, the Allowable Costs Policy Manual and
ss. 301.08. Audits are due to the Contractor within one year of the close of the contract.
7.15.3 Profit agencies shall comply with the Department's Contractor Agency Audit Guide, the Allowable
Costs Policy Manual, and ss. 301.08. Audits are due to the Contractor within one year of the
close of the contract.
7.15.4 If a Contractor agency's audit is based on a calendar rather than state fiscal year (July 1 through
June 30), the Contractor and/or auditor shall submit a worksheet which reconciles the
expenditures based on the state fiscal year and the relevant purchase orders within one year of
the close of the contract.
7.15.5 DOC shall notify Contractor within 90 days of receipt of the audit completed by the independent
certified auditor, whether or not the audit meets the requirements of DOC's audit guidelines. DOC
shall initiate resolution of audit findings with Contractor within 180 days following notification of the
audit's acceptance. If the audit is not complete or is acceptable only in part, DOC shall rely upon
the acceptable portion of the audit and any additional audit work shall build upon the work already
done.
7.15.6 DOC reserves the right to conduct an independent audit of Contractor if Contractor fails to secure
an audit covering all funds, or a follow-up review of selected areas is determined to be necessary.
In the event that Contractor fails to secure an audit, DOC's costs for completing an audit will be
charged back to Contractor.
7.15.7 Contractor agrees that it is responsible to assure that all purchase of service contracts of $25,000
or more meet the requirements of the Office of Management and Budget Circulars A-133 and A128 that pertain to sub-recipient audits.
7.16
FAITH-BASED AND CHARITABLE ORGANIZATIONS
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7.16.1 A faith-based or charitable organization is eligible to be a contractor on the same basis as any
other private organization. If Contractor is a faith-based or charitable organization it shall retain its
independence from the State of Wisconsin, including without limitation Contractor’s control over
the definition, development, practice, and expression of its charitable or religious beliefs. Except
as otherwise provided by state or federal law, Purchaser shall not interpret this Contract to require
a charitable or faith-based organization to alter its form of internal governance or remove religious
art, icons, scriptures, or other symbols.
7.16.2 A religious organization does not, by contracting with the State of Wisconsin, lose the exemption
provided under Section 702 of the Civil Rights Act (42 U.S.C. 2000e-1(a)) regarding its
employment practices. Furthermore, if a faith-based or charitable organization segregates the
government funds provided under the Contract, then only the financial assistance provided by
these funds will be subject to audit.
7.16.3 Neither Purchaser’s selection of a charitable or faith-based contractor to provide the Services
described herein nor the expenditure of funds under this Contract is an endorsement of the
Contractor’s charitable or religious character, practices, or expression. The purpose of this
Contract is the provision of Services; none of Purchaser’s expenditures have as their objective the
funding of sectarian worship, instruction, or proselytization. As such, a faith-based or charitable
Contractor of Services under this Contract shall post at its place(s) of business the following
written notice and personally apprise all assisted inmates of the same:
Neither the State of Wisconsin’s selection of a Charitable or faith-based Contractor of
services or the expenditure of funds under any contract with said Contractor is an
endorsement of that Contractor’s charitable or religious character, practices, or
expression. No Contractor of services may discriminate against you on the basis of
religion, a religious belief, or your refusal to actively participate in a religious practice. If
you object to a particular Contractor because of its religious character, you may request
assignment to a different non-sectarian Contractor by contacting your Agent.
7.16.4 To ensure an inmate is informed of the foregoing, a faith-based or charitable Contractor shall
require that each inmate receiving Services under this Contract signs an acknowledgment form
prepared by the Contractor containing the aforementioned notice and verifying the offender’s
receipt of the same. A copy of all signed acknowledgment forms shall be promptly provided to
Purchaser. Finally, Purchaser will require that each inmate sign the Purchaser’s “Voluntary Choice
and Waiver” form, which will be provided by Purchaser, prior to receiving any Services from a
faith-based or charitable Contractor under this Contract. A faith-based or charitable Contractor
agrees to refrain from providing Services hereunder to an inmate until it receives a copy of a fully
executed Voluntary Choice and Waiver form from Purchaser for that respective offender.
8.0
7.17
AMERICANS WITH DISABILITY ACT
The contractor agency must complete or currently have on file a facility self-survey and a program and
policy self-evaluation to address compliance with the Americans with Disability Act. (Public Law 101-336,
July 26, 1990, 104 Stat. 327 and Title 42, U.S.C.A., ss. 12101 to 12213). During the course of the
contract, the contractor must take action to comply with the facility, program and employment provisions of
the Americans with Disability Act. Applicants may obtain information on the Americans with Disability Act
by contacting the Director of the Office of Diversity and Employee Services, Wisconsin Department of
Corrections, 3099 E. Washington Avenue, PO Box 7925, Madison, Wisconsin 53707-7925.
7.18
CONTRACTOR MAJOR STRUCTURAL CHANGE
The Contractor is required to provide the Department with a minimum of 90 days written advance notice of
any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.). Contract may
not be automatically assigned to the new entity (since the underlying procurement may be affected).
STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS
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The Standard Terms and Conditions (DOA-3054, R10/2005)) and Supplemental Standard Terms and Conditions for
Procurements for Services (DOA-3681, R01/2001) are made part of this RFB. The State of Wisconsin reserves the
right to incorporate standard State contract provisions into any contract negotiated with any bid submitted
responding to this RFB (Standard Terms and Conditions, DOA-3054). Failure of the successful bidder to accept
these obligations in a contractual agreement may result in cancellation of the award.
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
3.0
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.
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
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).
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.
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
contract and/or order with referenced parts and attach-
DOA-3054
Page 2of 3
ments 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 AND COMPLIANCE: 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 fifty thousand dollars
($50,000) 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 fifty (50) 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 3of 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.
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.
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
28.0
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
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.
27.2
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 materials whenever technically and economically feasible.
Bidders are encouraged to bid products with recycled
content which meet specifications.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
For Procurements for Services
1.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
2.0
CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:
2.1
2.2
The prices in this bid/proposal have been arrived at
independently, without consultation, communication,
or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder/proposer or with any competitor;
Unless otherwise required by law, the prices which
have been quoted in this bid/proposal have not been
knowingly disclosed by the bidder/proposer and will
not knowingly be disclosed by the bidder/proposer
prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated
procurement, directly or indirectly to any other
bidder/proposer or to any competitor; and
2.3
No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose
of restricting competition.
2.4
Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in
any action contrary to 2.1 through 2.3 above; (or)
3.2
4.0
DUAL EMPLOYMENT:
Section 16.417, Wis. Stats.,
prohibits an individual who is a State of Wisconsin employee
or who is retained as a contractor full-time by a State of
Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the
individual receives more than $12,000 as compensation for
the individual’s services during the same year.
This
prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any
period of time that is not included in the appointment. It does
not include corporations or partnerships.
5.0
EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person
or persons and of the contracting agency.
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831
Wis. Stats., regarding conflicts of interests by directors in the
conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records must
be kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for
the decision as to the prices being offered herein, but
that he/she has been authorized in writing to act as
agent for the persons responsible for such decisions
in certifying that such persons have not participated,
and will not participate in any action contrary to 2.1
through 2.3 above, and as their agent does hereby so
certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above.
3.0
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1
Prior to award of any contract, a potential contractor
shall certify in writing to the procuring agency that no
relationship exists between the potential contractor
and the procuring or contracting agency that interferes
with fair competition or is a conflict of interest, and no
relationship exists between the contractor and another
person or organization that constitutes a conflict of
interest with respect to a state contract.
The
Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services nor
enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing,
if those activities of the contractor will not be adverse
to the interests of the state.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not
less than three (3) years after final payment is made.
8.0
INDEPENDENT CAPACITY OF CONTRACTOR:
The
parties hereto agree that the contractor, its officers, agents,
and employees, in the performance of this agreement shall
act in the capacity of an independent contractor and not as
an officer, employee, or agent of the state. The contractor
agrees to take such steps as may be necessary to ensure
that each subcontractor of the contractor will be deemed to
be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner of
the state.
RFB # EB-5595
Due Date: 2/16/2016
Sludge Removal
Page 25 of 29
9.0
REQUIRED FORMS AND ATTACHMENTS
The following forms must be completed and submitted with the bid response. Please include these documents in
front of your bid response.
FORMS:
Request for Bid Form (DOA-3070) - cover sheet, first page of this RFB
Vendor Information Form (DOA-3477)
Designation of Confidential and Proprietary Information Form (DOA-3027)
Wisconsin’s Cooperative Purchasing Service Form (DOA-3333)
Vendor Reference Form (DOA-3478)
ADDITIONAL REQUIRED INFORMATION:
Copy of License(s)/Certification(s)
Proof of Insurance (The Contractor shall have added the “Department of Corrections” as an additional
insured under the commercial general, automobile and Contractor’s liability policies on any
insurance certificate provided.)
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DIVISION OF ENTERPRISE OPERATIONS
BUREAU OF PROCUREMENT
S. 16.765, WIS. STATS.
DOA-3477 (R02/15)
EB-5595
Bid / Proposal #
Sludge removal service
Commodity / Service
Vendor Information
1.
BIDDING / PROPOSING COMPANY NAME
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 alternate formats to individuals with disabilities upon request.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DIVISION OF ENTERPRISE OPERATIONS
DOA-3027 (R03/2013)
S. 19.36(5), WIS. STATS
RETURN FORM TO:
STATE BUREAU OF PROCUREMENT
101 E. WILSON ST., 6TH FL
P. O. BOX 7867
MADISON, WI 53707
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #
includes proprietary and confidential information
which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept
confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this
bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis.
Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method,
technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or
use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released.
Section
Page #
Topic
In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide
legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state
harmless for any costs or damages arising out of the state's agreeing to withhold the materials.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal
response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal
document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the
release of any materials unless they are specifically identified above.
Company Name
Authorized Representative
Signature
Authorized Representative
Type or Print
Date
This document can be made available in alternate formats to individuals with disabilities upon request.
Division of State Agency Services
State Bureau of Procurement
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state
contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding.
Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school
district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any
other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes
and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and
(2), Wis.Stats.
Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and

are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making
payment directly to the contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for
delivery or payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this
contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond
normal delivery areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any
special conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
Commodity/Service
Sludge Removal and Disposal
City
State
)
ZIP + 4
Request for Bid/Proposal Number
EB-5595
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
RFB # EB-5595
Sludge Removal
Due Date: 2/16/2016
Page 25 of 29
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DIVISION OF ENTERPRISE OPERATIONS
DOA-3478 (R06/2013)
STATE BUREAU OF PROCUREMENT
101 E. WILSON ST. / P. O. BOX 7867
MADISON, WI 53707-7886
(608) 266-2605 / FAX (608) 267-0600
Bid / Proposal #
EB-5595
Sludge Removal and Disposal
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four
(4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a
third party, the named references should also be involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Email Address
List Product(s) and/or Service(s) Used:
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Email Address
List Product(s) and/or Service(s) Used:
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Email Address
List Product(s) and/or Service(s) Used:
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Email Address
List Product(s) and/or Service(s) Used:
This document can be made available in accessible formats to qualified individuals with disabilities.
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