STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION PURCHASING OFFICIAL SEALED BID

STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION PURCHASING OFFICIAL SEALED BID
STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
PURCHASING
OFFICIAL SEALED BID
DRUG & ALCOHOL TESTING, 3RD PARTY
ADMINISTRATOR
Bid Number 270463
Page
1
Req. Agency 999999
WISDOT-CENTRAL PURCHASING
Agency Req. Number SENN
T-Number
Date Issued 08/30/12
Vendor Number
Vendor Telephone
TIPS Req. Number 1182527
Buyer Name LINDA HANBY
Buyer Telephone (608) 267-2972
-
Bid Must Be Received No Later Than
Date
10/09/12
Time
2:00 PM
BID RESPONSE INSTRUCTIONS
1. Read the entire bid including all terms, conditions, and specifications. The standard terms and conditions apply to any
subsequent award.
2. Bid number and bid opening date must be on outside front lower left corner of the sealed bid envelope/package (bid or
no-bid). Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.
3. Bids must be in ink or typed (pencil is unacceptable), signed and dated.
4. Bid responses (bid or no-bid) must be submitted on this form. Make copies for your records.
5. For a "No-Bid" response, return only the signature page signed and marked "No-Bid". Failure to respond may result in
being removed from bidders list.
6. Each numbered, sealed bid or RFP response (bid or no-bid) must be in a separately identified sealed bid
envelope/package and must be received by Purchasing prior to specified time. Late bids will be rejected.
7. Bids submitted by "express/overnight" services must be in separate inner envelopes/packages, sealed and identified
as stated above.
8. Return bids to:
WISDOT-CENTRAL PURCHASING
PURCHASING UNIT
4802 SHEBOYGAN AVE-RM 751
PO BOX 7396
MADISON
WI 53707-7396
9. Delivery can be made
TO BE COMPLETED BY VENDOR
days or
weeks after receipt of order.
10. Payment terms:
11. Prices shall be firm for acceptance
days from date of bid opening, or as stated in the special conditions
of bid.
12. Vendor's quotation reference number, if any:
13. Minimum order amount, if any $
This number will appear on your PO.
Minimum quantity, if any
14. Vendor contact person
Telephone
15. E-Mail Address
FAX
I/We 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 of 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 of Wisconsin in this request for bid and all terms
of our bid.
(Authorized Name - Type or Print)
(Authorized Signature)
(Title)
T206
(Telephone)
1/2003
(Date)
2/2012
To be completed by Vendor (cont.)
Wisconsin Department of Transportation
Vendor Name
Page 2
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
Time 2:00 PM
16. Indicate if you are a certified MINORITY BUSINESS ENTERPRISE (MBE). You MUST BE CERTIFIED by Wisconsin Department
of Administration (DOA). If you have questions concerning the certification process, contact DOA, 6th floor, 101 E. Wilson St., PO
Box 7867, Madison, WI, 53707-7867 or Telephone 608-267-3293.
_____ YES _____ NO
17. Indicate if you are a DISABLED VETERAN OWNED BUSINESS (DVB). You MUST BE CERTIFIED by Wisconsin Department of
Administration (DOA). If you have questions concerning the certification process, contact DOA, 6th floor, 101 E. Wilson St., PO
Box 7867, Madison, WI 53707-7867 or Telephone 608-267-3293.
_____ YES _____ NO
18. Indicate if you are a VETERAN OWNED BUSINESS as defined by s. 16.75(4)(d) and 16.755 Wis. Stats. means a small business,
as defined in paragraph (c), that is certified by the Department of Veterans Affairs as being at least 51% owned by one or more
veterans, as defined in s. 45.01(12) Wis. Stats.
_____ YES _____ NO
19. Indicate if you are a SMALL BUSINESS as defined by s. 16.75 (4)(c) Wis. Stats. “small business” means a business which has
had less than $1.5 million gross annual sales in the most recent calendar of fiscal year.
_____ YES _____ NO
20. Indicate if you are a DISADVANTAGED BUSINESS ENTERPRISE (DBE) as defined in 49 CFR Part 26.
_____ YES _____ NO
21. WORK CENTER
Indicate if responding as a work center certified under s. 16.752 Wis. Stats. employing persons with severe disabilities.
When engaged in 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. Questions
concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor,
101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
_____ YES _____ NO
22. SERVICES PERFORMED IN USA
The services provided under this bid are performed in the United States pursuant to s. 16.705 Wis. Stats.
___ YES ___ NO
23. AMERICAN MADE
The materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the
component parts were manufactured in whole or in substantial part in the United States, as defined in s.16.754, Wis. Stats.
_____ YES _____ NO _____ UNKNOWN
24. REASONABLE ACCOMMODATIONS - AMERICANS WITH DISABILITIES ACT
The Department will provide reasonable accommodations, including the provision of informational material in an alternative format,
for qualified individuals with disabilities, upon request. If you think you need accommodations at a bid opening/vendor conference,
please contact the buyer listed on page 1 in the upper right corner, or TTY users call the Wisconsin TRS at 1-800-947-3529.
25. WISCONSIN DEPARTMENT OF ADMINISTRATION VENDORNET PROGRAM
The State of Wisconsin maintains a list of vendors who wish to conduct business with state agencies. Registered vendors will
receive any bid/proposal over $50,000 that occurs statewide in the commodity/service area for which you are registered. There are
no fees involved. You are encouraged to register with vendornet to ensure that you continue receiving bids from state agencies.
To obtain information on the state's registration process, please visit the vendornet website at http://vendornet.state.wi.us or call
the vendornet information center at 1-800-482-7813. In the Madison, WI area please telephone 264-7897 OR 264-7898.
26. BUILDING SECURITY AWARENESS
Because of increased building security, access to the WisDOT Purchasing Office is restricted and may cause delay if hand
delivering your bid. Allow ample time for security clearance to the Purchasing Office.
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4/2003
Wisconsin Department of Transportation
COOPERATIVE PURCHASING AGREEMENT
Page
Vendor Name
3
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
Time 2:00 PM
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 when the contractors agree to extend their terms to them. 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 s.66.0301(1) and (2), Wis. Stats.
If you agree to make the products or services of this contract available to Wisconsin municipalities, the Department
of Administration will provide the information through a subscription to the VendorNet system. Interested municipalities:
-- will contact the contractor directly to place orders referencing the state agency contract number; and
-- are responsible for receipt, acceptance, inspection of goods directly from the vendor, and making payment directly
to the vendor.
A contractor 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.
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.
A vendor's decision on participating in this service has no effect on awarding the contract.
_____ I agree to make the products or services of this bid/proposal available to Wisconsin municipalities with any
special conditions noted below:
_____ I do not agree to make the products or services of this bid/proposal available to Wisconsin municipalities.
Comments:
(Company Name)
(Signature)
(Address)
(Name - Type or Print)
(City, State, Zip Code)
(Title)
(Commodity / Service)
(Area Code - Telephone Number)
ADA - The Wisconsin Department of Transportation complies with the Americans with Disabilities Act.
(Date)
T207
1/2003
Wisconsin Department of Transportation
PROPRIETARY STATEMENT
Page
Vendor Name
4
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
Time 2:00 PM
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to the above indicated bid/proposal, includes proprietary and confidential
information which qualifies as a trade secret, as provided in section 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 Number
Topic
In the event the designation of confidentiality of this information is challenged, the undersigned 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 agreement 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 response 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)
(Signature)
(Area Code - Telephone Number)
(Name - Type or Print)
ADA - The Wisconsin Department of Transportation complies with the Americans with Disabilities Act.
This document can be made available in accessible formats to qualified individuals with disabilities
(Date)
Wisconsin Department of Transportation
STANDARD TERMS & CONDITIONS
Vendor Name
Page
5
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
1.0 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.
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from
original text, terms, conditions, or specifications shall be described fully,
on the bidder's/proposer's letterhead, signed, and attached to the request.
In the absence of such statement, the bid/proposal shall be accepted as
in strict compliance with all terms, conditions, and specifications and the
bidders/proposers shall be held liable.
3.0 QUALITY: Unless otherwise indicated in the request, all material shall
be first quality. Items which are used, demonstrators, obsolete, seconds,
or which have been discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0 QUANTITIES: The quantities shown on this request are based on
estimated needs. The state reserves the right to increase or decrease
quantities to meet actual needs.
5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and
included unless otherwise specified.
6.0 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 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.
6.2 Price 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 industry wide. The conditions
under which price increases may be granted shall be expressed in
bid/proposal documents and contracts or agreements.
6.3 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 interest 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
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Time 2:00 PM
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 attachments shall constitute the
entire agreement and no other terms and conditions in any document,
acceptance, or acknowledgment shall be effective or binding unless
expressly agreed to in writing by the contracting authority.
15.0 APPLICABLE LAW: This contract shall be governed under the laws
of the State of Wisconsin. The contractor shall at all times comply with
and observe all federal and state laws, local laws, ordinances, and
regulations which are in effect during the period of this contract and which
in any manner affect the work or its conduct. The State of Wisconsin
reserves the right to cancel this contract if the contractor fails to follow the
requirements of s.77.66 Wis. Stats., and related statutes regarding
certification for collection of sales and use tax. The State of Wisconsin
also reserves the right to cancel this contract with any federally debarred
contractor or a contractor that is presently identified on the list of parties
excluded from federal procurement and non-procurement contracts.
16.0 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.
17.0 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.
18.0 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.
19.0 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 Contracts estimated to be over twenty-five thousand dollars
($25,000) require the submission of a written affirmative action plan by the
contractor. An exemption occurs from this requirement if the contractor
has a workforce of less than twenty-five (25) employees. Within fifteen
(15) working days after the contract is awarded, the contractor must
submit the plan to the contracting state agency for approval. Instructions
on preparing the plan and technical assistance regarding this clause are
available from the contracting state agency.
19.2 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.
Wisconsin Department of Transportation
STANDARD TERMS & CONDITIONS
Vendor Name
Page
6
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
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:
23.1 Maintain workers 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.
24.0 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.
25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent
Wisconsin tax liability may have their payments offset by the State of
Wisconsin.
26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to
maintain an open and public process in the solicitation, submission,
review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified. Records
may not be available for public inspection prior to issuance of the notice
of intent to award or the award of the contract.
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of
data contained within a request, must be clearly stated in the bid/proposal
itself. Proprietary information submitted in response to a request will be
handled in accordance with applicable State of Wisconsin procurement
regulations and the Wisconsin public records law. Proprietary restrictions
normally are not accepted. However, when accepted, it is the vendor's
responsibility to defend the determination in the event of an appeal or
litigation.
27.1 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.
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28.0 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.
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, PO 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. Stats. 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.
Wisconsin Department of Administration - Ch. 16, 19, 51 Wis. Stats.
DOA-3054 (R10/2005)
Wisconsin Department of Transportation
STANDARD TERMS & CONDITIONS
Vendor Name
Page
7
Vendor Number
Bid Number 270463
Open Date 10/09/12
T Number
Time 2:00 PM
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 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;
2.2 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)
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.
T243
1/2006
3.2 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.
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 nonprofit corporations are
bound by ss. 180.0831, 180.1911(1), and 181.225, Wis. Stats., regarding
conflicts of interests by directors in the conduct of state contracts.
7.0 RECORD KEEPING 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. 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.
Wisconsin Department of Administration - Ch. 16, 19, 51 Wis. Stats.
DOA-3681 (01/2001)
SPECIAL CONDITIONS OF BID
TABLE OF CONTENTS
SECTION SUBJECT
PAGE #
1
GENERAL INFORMATION AND SCOPE ................................................................................................ 1
2
3
4
5
6
1.1
INTRODUCTION ........................................................................................................................................................1
1.2
SCOPE ....................................................................................................................................................................1
1.3
CONTRACT TERM .....................................................................................................................................................1
1.4
DEFINITIONS ...........................................................................................................................................................2
BIDDER QUALIFICATIONS AND REQUIREMENTS ................................................................................. 3
SPECIFICATIONS ................................................................................................................................ 3
SPECIAL TERMS AND CONDITIONS ..................................................................................................... 3
4.1
CONTRACT QUANTITIES/NEW OR DELETED ITEMS ..........................................................................................................3
4.2
SAFETY NOTICES/RECALLS .........................................................................................................................................4
4.3
SUBCONTRACTING OR THIRD PARTY PAYMENTS .............................................................................................................4
4.4
CONFIDENTIALITY .....................................................................................................................................................4
4.5
FIRM PRICES ............................................................................................................................................................4
BID PROCEDURE AND INSTRUCTIONS ................................................................................................ 5
5.1
REASONABLE ACCOMMODATIONS ...............................................................................................................................5
5.2
QUESTIONS .............................................................................................................................................................5
5.3
BID SUBMISSION ......................................................................................................................................................5
5.4
METHOD OF BID ......................................................................................................................................................5
5.5
MULTIPLE BIDS ........................................................................................................................................................6
5.6
BID RESPONSE REQUIREMENTS ...................................................................................................................................6
5.7
INCURRING COSTS ....................................................................................................................................................6
5.8
VENDORNET REGISTRATION .......................................................................................................................................6
BID OPENING, ACCEPTANCE AND AWARD.......................................................................................... 7
6.1
BID OPENING ..........................................................................................................................................................7
6.2
BID ACCEPTANCE .....................................................................................................................................................7
6.3
METHOD OF AWARD ................................................................................................................................................7
6.4
POST AWARD ACTIVITIES ...........................................................................................................................................7
6.5
TERMS AND CONDITIONS ...........................................................................................................................................8
6.6
CONTRACT CANCELLATION .........................................................................................................................................8
6.7
CERTIFICATION FOR COLLECTION OF SALES AND USE TAX .................................................................................................8
2.2
BIDDER PROVIDED REFERENCES AS REQUIRED. ..............................................................................................................39
2.3
BIDDER WILL COMPLY WITH ALL REQUIREMENTS OF DOT REGULATION 49 CFR PART 40 AND FTA ........................................39
REGULATION 49 CFR PART 655. .........................................................................................................................................39
ATTACHMENTS
Attachment A: Vendor Information
Attachment B: References
Attachment C: Vendor Additional Information
Attachment D: Specifications
Attachment E: Federal Contract Clauses (FTA)
Attachment F: Certification and Restrictions on Lobbying
Attachment G: Government-wide Debarment and Suspension (Non-procurement)
Attachment H: Bidder’s Price Sheet
Attachment I: FTA Drug and Alcohol Third Party Administrator Compliance Report
Attachment J: 2012 Drug and Alcohol Consortium Members
Attachment K: Bidder’s Response Sheet
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 1 of 40
1
GENERAL INFORMATION AND SCOPE
1.1
Introduction
On behalf of Wisconsin transit systems, the Wisconsin Department of Transportation (WisDOT) through
its WisDOT Purchasing Unit is soliciting bids from qualified firms to establish a contract for a Third Party
Administrator to administer the drug and alcohol testing program for each of approximately 60 transit
systems operating throughout Wisconsin. A variety of drug and alcohol testing services will be
coordinated for the transit systems including random selections; preparation of Management
Information System (MIS) reports, and; coordination of urine collections, laboratory testing, Medical
Review Officer (MRO) services, alcohol testing and Substance Abuse Professional (SAP) evaluation. The
Third Party Administrator will ensure the services it provides will comply with the U.S. Department of
Transportation (DOT) drug and alcohol regulations and that its service agents are qualified. The drug
and alcohol testing services provided will allow each transit system and WisDOT to comply with federal
regulations.
1.2
Scope
The successful bidder, herein after referred to as (“Contractor”), shall provide Drug and Alcohol Testing
services for Wisconsin transit systems in accordance with Federal Transit Administration (FTA) regulation
49 CFR Part 655 (see ecfr for 49 CFR Part 655), “Prevention of Alcohol Misuse and Prohibited Drug Use in
Transit Operations” and DOT regulation 49 CFR Part 40 (see ecfr for 49 CFR Part 40), “Procedures for
Transportation Workplace Drug and Alcohol Testing Programs.”
WisDOT requires Wisconsin rural transit systems and permits Wisconsin small urban transit systems to
utilize the contract resulting from this solicitation. Each transit system required or electing to utilize
these contract services shall be established in a single Wisconsin Consortium. A separate contract will be
executed with each of the Wisconsin Consortium member transit systems, herein after referred to as
“Purchaser(s)”. The existing Consortium transit systems operate at approximately 58 locations
(Attachment J) and employ nearly 1,000 safety-sensitive employees who are subject to drug and alcohol
testing. The number and location of transit systems may vary during the contract term, as transit
systems join or leave the Wisconsin Consortium. Transit services are provided seven days a week and
vary by individual transit system (Attachment J).
It is understood by all parties that WisDOT is not directly responsible for any costs incurred in the
delivery of contract services. It is understood by all parties that each Purchaser that has an executed
contract with the Contractor will be responsible for payment of the cost of services rendered (i.e. the
cost of testing) for their respective services. WisDOT will endorse the Contractor to Wisconsin transit
systems and will provide oversight of the Contractor to meet DOT drug and alcohol oversight
requirements.
The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these
Special Conditions of Bid. 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. WisDOT Purchasing reserves the right to delete that specification or condition of bid if
no bidder is able to comply with a given specification or condition of bid. Failure to meet specification
requirements shall disqualify your bid.
1.3
Contract Term
The term of this contract shall be January 1, 2013 through December 31, 2014 with options to renew for
three (3) additional one (1) year terms. Any extension must be authorized by mutual agreement of the
Contractor and WisDOT.
WISCONSIN DEPARTMENT OF
Transportation
1.4
BID # 270463
Page 2 of 40
Definitions
The following definitions are used throughout the RFB documents:
Bidder/Vendor: A company or individual submitting a bid response to this RFB.
Breath Alcohol Technician (BAT): A person who instructs and assists employees in the alcohol testing
process and operates an evidential breath-testing device.
Consortium: The collective purchasers contracting for a Third Party Administrator’s services.
Contractor: Bidder awarded the contract.
Department: The Wisconsin Department of Transportation.
Designated Employer Representative (DER): This is an employee authorized by the employer to take
immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be
removed from these covered duties, and to make required decisions in the testing and evaluation
processes. The DER also receives test results and other communications for the employer.
DHHS: US Department of Health and Human Services.
DOT: US Department of Transportation.
Drug and Alcohol Program Manager (DAPM): An employee authorized by the employer to manage and
monitor the drug and alcohol testing program. This person may make required decisions in the testing
and evaluation process, maintain required records, update policy and procedures, and monitor
contractors and vendors. The DAPM may also receive test results and other communications for the
employer and may act as the DER.
Employer: A transit service provider with safety-sensitive employees and prospective employees who
are subject to drug and alcohol testing under DOT regulations.
Evidential Breath Testing Device (EBT): A device that measures an employee’s alcohol concentration.
FTA: Federal Transit Administration.
Medical Review Officer (MRO): A person who is a licensed physician and who is responsible for receiving
and reviewing laboratory results generated by an employer’s drug testing program and evaluating
medical explanations for certain drug test results.
Management Information System (MIS): The reporting system used by FTA to monitor the results of the
FTA drug and alcohol testing program.
Purchaser: Each entity executing a contract agreement with the Contractor.
RFB: Request for bid
Screen Test Technician (STT): A person, who instructs and assists employees in the alcohol testing
process and operates an evidential breath-testing device but is limited to conducting an initial screen
test only.
State: The State of Wisconsin.
Substance Abuse Mental Health Service Administration (SAMHSA): Federal agency which certifies
laboratories to conduct forensic drug testing for the Federal agencies and for some federally regulated
industries.
Substance Abuse Professional (SAP): A person who evaluates employees who have violated a DOT drug
and alcohol program regulation and makes recommendations concerning education, treatment, followup testing, and aftercare.
Third Party Administrator: A service agent that coordinates the provision of a variety of drug and
alcohol testing services to employers.
Transit System: Public transportation services operating with the assistance of FTA funds and subject to
DOT drug and alcohol regulations.
WisDOT: The Wisconsin Department of Transportation.
WisDOT intends to utilize the results of this RFB to award a contract. Retain a copy of these bid
documents (and addendums, if applicable) for your files. The RFB document and the awarded bidder’s
response shall become the contract unless a separate contract is executed.
WISCONSIN DEPARTMENT OF
Transportation
2
3
4
BID # 270463
Page 3 of 40
BIDDER QUALIFICATIONS AND REQUIREMENTS
To be eligible for a contract award, you must be qualified and able to provide the following. Respond on
the attached “Vendor Information Sheet,” “References Sheet,” and “Vendor Additional Information
Sheet.”
2.1
Bidder shall have a minimum of five (5) years experience in providing Drug and Alcohol Testing
Services to the transportation industry.
2.2
Bidder must supply references of four (4) agencies within the public transportation industry
where services, as outlined below, have been provided during the past five (5) years
a. Drug and alcohol testing services including MRO and SAP services
b. Compliance with DOT 49 CFR Part 40. See ecfr for 49 CFR Part 40
c. Specific experience with FTA 49 CFR Part 655. See ecfr for 49 CFR Part 655
2.3
Bidder shall meet all requirements of DOT regulation 49 CFR Part 40 and FTA regulation 49 CFR
Part 655.
2.4
Bidder shall have all personnel necessary to perform the services required under this contract at
all hours of facilities’ operation and such personnel shall be qualified, experienced and licensed
as required by laws and regulations to perform drug and alcohol testing and other related
services.
2.5
Bidder must submit verifiable documentation of licenses and certifications relating to the
requirements within the bid documents. See Attachment C Vendor Additional Information for
details.
2.6
Bidder must disclose if any State of Wisconsin employee would provide services relating to the
agreement resulting from this solicitation. See Supplemental Standard Terms and Conditions,
section 4.0, Dual Employment or 5.0, Employment.
SPECIFICATIONS
SPECIFICATIONS (Attachments D - G) and/or BID PRICE SHEET (Attachment H) contain the minimum
acceptable specifications for products/services desired. Bid specifications may not be revised without an
official written addendum issued by WisDOT Purchasing.
SPECIAL TERMS AND CONDITIONS
4.1
Contract Quantities/New or Deleted Items
The estimated annual quantities identified for each item on the “BID PRICE SHEET” are for bid
purposes only and are based on historical data. WisDOT does not guarantee any volume or
specific quantity Purchasers may utilize from the resulting contract. Bids that state WisDOT must
guarantee a specific quantity or dollar amount shall be disqualified.
Contractor should promptly notify WisDOT Purchasing/Program Administrator of new or
discontinued services.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 4 of 40
Additional Items / Services:
Similar items/services may be added to this contract provided it was mutually agreeable to both
WisDOT Purchasing and the Contractor. Scope of work and pricing (including discounts) must be
consistent with the current contract items/services.
4.2
Safety Notices/Recalls
Contractor must provide immediate notification to Purchasing of any recall notices, warranty
replacements, and/or safety notices. Failure to provide this information may result in immediate
termination of the award.
4.3
Subcontracting or Third Party Payments
Subcontractors must abide by all terms and conditions of the contract. The prime Contractor shall
be responsible for all subcontractor(s) work and payment. The WisDOT or Purchaser(s) will not
pay any subcontractor or third parties directly.
4.4
Confidentiality
Contractor acknowledges that some of the data and documentation it may become privy to in the
performance of this contract is of a confidential nature. Contractor shall make all reasonable
efforts to ensure that it or its employees and subcontractors do not disseminate such confidential
information.
Contractor or its employees and subcontractors will not reuse, sell, or make use in any format the
data researched or compiled for this contract for any venture, profitable or not, outside this
contract.
Contractor agrees to observe complete confidentially with respect to all aspects of any confidential
information, proprietary data and/or trade secrets and any parts thereof, whether such contents
are the State's or the manufacturer's, bidder's, or distributor's whereby Contractor or any
Contractor's personnel may gain access while engaged by the State or while on State premises.
The restrictions herein shall survive the termination of this contract for any reason and shall
continue in full force and effect and shall be binding upon the Contractor or its agents, employees,
successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of
or under the rights of Contractor following any termination. Contractor shall advise all
Contractor's agents, employees, successors, assigns and subcontractors which are engaged by the
State of the restrictions, present and continuing, set forth herein. Contractor shall defend and
incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents,
employees, successors, assigns and subcontractors regarding the restrictions herein.
4.5
Firm prices
Prices must remain firm for 365 calendar days after bid opening. Prices established may be
lowered due to general market conditions.
The awarded Contractor must hold the accepted costs for the entire contract term. WisDOT will
review any adjustment of costs before the beginning of a contract renewal term. Price increase
requests must be justified with supporting documentation of industry-wide increases.
Price change requests must be received in writing by WisDOT Purchasing 60 calendar days prior to
the beginning of a contract renewal term for acceptance or rejection. Proposed price increases
are limited to fully documented cost increases submitted with the request. If WisDOT Purchasing
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 5 of 40
deems cost increases are not acceptable, it reserves the right to re-bid the contract. Final
determination of price adjustments shall be in writing.
5
BID PROCEDURE AND INSTRUCTIONS
5.1
Reasonable Accommodations
The Department will provide reasonable accommodations, including the provision of informational
material in an alternative format, for qualified individuals with disabilities upon request. If you
require information in an alternate format in order to respond to this bid or if you need
accommodations at a bid opening/vendor conference, contact: Linda Hanby, (608) 267-2972,
[email protected]
5.2
Questions
All communications and questions regarding the specifications; special conditions of bid; any
significant ambiguity, error, conflict, discrepancy, omission, or other deficiency must be written
and submitted to the WisDOT Purchasing Agent as soon as possible, but no later than September
20, 2012 4:00 PM (CDT). WisDOT Purchasing will respond to questions by issuing an official
addendum, posted on VendorNet.
All correspondence or submitted documents must include the bid number 270463. Submit in
writing via email to: Linda Hanby, e-mail: [email protected]
5.3
Bid Submission
Bidders must submit the ORIGINAL (marked as “Original”) plus three (3) COPIES (marked as
“Copy”) of all required materials for acceptance of their bid by the date and time listed on the Bid
cover sheet. Any bids received after that time and date will be rejected. Receipt of a bid by the
State mail system does not constitute receipt of a bid by WisDOT Purchasing, for purposes of this
RFB. Also refer to the Bid Response Instructions. Use one of the options below for return of the
bid. Faxed and e-mailed bids are not accepted.
U.S. Mail:
Purchasing
WI Department of Transportation
4802 Sheboygan Ave., Room 751
PO Box 7396
Madison, WI 53707-7396
UPS, Fed Ex, etc.:
Purchasing
WI Department of Transportation
4802 Sheboygan Ave., Room 751
Madison, WI 53705
All bids are to be packaged, sealed, and show the following information on the outside of the
package:
• Vendor's Name and Address
• Request for Bids Title: Drug & Alcohol Testing Services Third Party Administrator
• Request for Bids Number: 270463
• Bid Due Date: October 9, 2012 2:00 PM
5.4
Method of Bid
Bidder must submit a unit price and extended total for each item and a total price as designated.
All prices must be quoted in U.S. Dollars. Bids requiring an order minimum shall be disqualified.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 6 of 40
Bidder must bid on the enclosed bid price sheet (Attachment H). Alternate formats will be
rejected.
Additional services and prices listed by the Bidder will not be considered when awarding the bid,
but will be used if purchasing from the resulting contract.
The State and/or Purchaser(s) are not liable for any cost incurred by a bidder in the process of
responding to this RFB.
5.5
Multiple Bids
Multiple bids from a Bidder will be allowed, however each bid must conform fully to the
requirements for bid submission. Each such bid must be separately submitted and labeled as Bid
#1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not
constitute multiple bids.
5.6
Bid Response Requirements
In order for your bid to be considered, the following information must be provided. Fill out and
submit one copy (unless stated otherwise) by the due date and time listed on the bid cover page.
Include
•
Bid Cover (Signature) Pages
•
Addendum Cover (Signature) Page(s), if applicable to this bid request
•
Vendor Information Sheet, Attachment A
•
References Sheet, Attachment B
•
Vendor Additional Information, Attachment C
o Name and contract information of lead executive for contract services
o Organizational Chart
o Subcontractors and their functions
o 3 copies of staff and facility information for MRO, SAP, Laboratory, and Collection
Sites
o Implementation schedule
o Sample forms, reports, etc.
o Copies of insurance, certificates
•
Certification and Restrictions on Lobbying Form, Attachment F
•
Government-wide Debarment and Suspension (Non-Procurement) Form, Attachment G
•
Bid Price Sheet, Attachment H
•
Bidder Response Sheet, Attachment K
Failure to provide the forms/information with your bid submittal may disqualify your bid. WisDOT
encourages all bidders to print their submission double-sided to save paper
Because of increased building security, access to the WisDOT Purchasing Office is restricted and
may cause delay if hand delivering your bid. Allow ample time for security clearance to room
751.
5.7
Incurring Costs
The State of Wisconsin and/or Purchaser(s) are not liable for any cost incurred by a bidder in the
process of responding to this RFB.
5.8
Vendornet Registration
Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us)
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 7 of 40
is available free of charge to all businesses and organizations that want to sell to the state.
Registration allows a vendor to:
• Register for a bidders list for commodities/services that the vendor wants to sell to the State.
• Receive an automatic e-mail notification each time a state agency, including the University of
Wisconsin System campuses, posts a request for bid (RFB) or a request for proposal (RFP) with
an estimated value over $50,000 in their designated commodity/service area(s).
• Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.
Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will
receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from
a third party; through the public notice website; or other means assume responsibility for checking
for updates to the RFB or RFP.
To obtain information on the state’s bidder registration, please 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, please call 264-7898.
6
BID OPENING, ACCEPTANCE AND AWARD
6.1
Bid Opening
Bids will be opened on October 9, 2012 at 2:00PM at State Department of Transportation Hill
Farms Building. Names of the bidders will be read aloud at that time. WisDOT will issue an official
addendum and post on VendorNet should a need to change the bid open date and/or time occur.
6.2
Bid Acceptance
WisDOT shall review all materials submitted in response to this bid in an identical manner to
determine specification compliance. Bids which do not comply with specifications contained in
this RFB WILL be rejected by the State. The State retains the right to accept or reject any or all
bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State
shall be the sole judge as to compliance with the specifications contained in this RFB.
6.3
Method of Award
Award(s) shall be made on the basis of the lowest total cost from a responsive, responsible bidder
who meets specifications. Timeliness of delivery may be considered when making this award. In
the event of Bidder error in calculation, unit price shall prevail in award.
The State will award to ONE vendor.
Prices provided for additional services will not be considered when determining the award, but
will be used if purchased from the resulting contract.
Volume discounts shall not be considered when determining award. However, they shall apply to
orders issued on this contract.
6.4
Post Award Activities
Within 30 days of the bid award, the Contractor shall submit to WisDOT for review and approval
the following:
WISCONSIN DEPARTMENT OF
Transportation
•
•
BID # 270463
Page 8 of 40
The random selection and data management process and procedure used for establishing the
use of single and/or multiple pools.
The list of collection sites mutually agreed upon by the Purchaser and Contractor.
6.5
Terms and Conditions
The Standard and/or Supplemental Terms and Conditions provided with this document represent
the terms and conditions which will apply to this contract. Vendors may not submit their own
contract document as a substitute for these terms and conditions.
6.6
Contract Cancellation
This Contract may be terminated by either party under the following conditions:
Please review section 9.0 of the Federal Contract Clauses, Attachment E.
Upon termination, Purchaser(s) liability will be limited to the pro rata cost of the services
performed as of the date of termination.
In the event the Contractor terminates the contract, for any reason whatsoever, it will require
written certified letter notification delivered to the WisDOT Purchasing Agent not less than 60
days prior to said termination. The Contractor will, in turn, refund the Purchaser(s), within 30 days
of said termination, all payments made hereunder by the Purchaser(s) to the Contractor for work
not completed.
If at any time the Contractor performance threatens the health and/or safety of WisDOT,
Purchaser(s) and/or the public, WisDOT has the right to cancel and terminate the Contract without
notice.
If the Contractor fails to maintain and keep in force the insurance as provided in #23.0 of the
Standard Terms and Conditions, WisDOT has the right to cancel and terminate the Contract
without notice. If the Contractor fails to maintain and keep in force required certificates, permits,
and licenses will be cause for contract termination.
If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not
dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed
and such appointment is not vacated within 90 calendar days, WisDOT has the right, in addition to
any other rights of whatsoever nature that it may have at law or inequity, to terminate this
Contract by giving 90 calendar days notice in writing of such termination.
6.7
Certification for Collection of Sales and Use Tax
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to
cancel any existing contract, if the vendor or Contractor has not met or complied with the
requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of
sales and use tax.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 9 of 40
STATE OF WISCONSIN
DOA-3477 (R05/98)
ATTACHMENT A
VENDOR INFORMATION
1) BIDDING COMPANY NAME:
_________________________________________________________
FEIN (Federal Employer ID Number)
_________________________________
Phone (
) ______________________
Fax
(
) ______________________
OR
Social Security # (if Sole Proprietorship)
___________________________________
Toll Free Phone (
) __________________________
Email Address (
) __________________________
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
2) Name the person to contact for questions concerning this bid.
Name
__________________________
Title
______________________________
Phone (
) ______________________
Toll Free Phone (
) __________________________
Fax
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
3) Any vendor awarded over $25,000 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
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
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
) ______________________
Email Address (
) __________________________
(
Address: __________________________________________________________________________
City
____________________________
State ________
Zip + 4
_______________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 10 of 40
ATTACHMENT B
REFERENCES
Vendor:
_______________________________________________________________________
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.
Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work
shall be listed on a separate id page.
Company Name:
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
Phone No. __________________________
E-Mail Address:
__________________________________________________________________________
A brief written description of the specific work performed:_________________________________________
_________________________________________________________________________________________
Company Name:
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
Phone No. __________________________
E-Mail Address:
__________________________________________________________________________
A brief written description of the specific work performed:_________________________________________
_________________________________________________________________________________________
Company Name:
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
Phone No. __________________________
E-Mail Address:
__________________________________________________________________________
A brief written description of the specific work performed:_________________________________________
_________________________________________________________________________________________
Company Name:
_________________________________________________________________________
Address (include Zip + 4) ____________________________________________________________________
Contact Person:
____________________________________
Phone No. __________________________
E-Mail Address:
__________________________________________________________________________
A brief written description of the specific work performed:_________________________________________
_________________________________________________________________________________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 11 of 40
ATTACHMENT C
VENDOR ADDITIONAL INFORMATION
The Bidder shall respond to the following using additional pages, as necessary, to provide complete information.
1. Provide the name and contact information for the lead executive for these contract services.
2. Provide an organizational chart showing the staffing and lines of authority for key personnel within the organization to
include oversight of subcontractors. Provide a list of the subcontractors and their functions.
3. Provide the information listed below to identify staff /facilities to be utilized in the performance of this contract. List only
those to be assigned to this contract.
a) MRO
• Name, title
• Facility name, address, phone, secure email or fax, email
• Documentation of credentials as a licensed Physician
• Dates of qualification training and subsequent continuing education training
• Documentation of MRO certification
b) SAP
• Name, title
• Facility name, address, phone, secure email or fax, email
• Documentation of credentials as a licensed Physician or as a licensed or certificated Psychologist, Social Worker,
Employee Assistance Professional, or Drug & Alcohol Counselor (certified by the NAADAC or by the ICRC)
• Dates of qualification training and subsequent continuing education training
• Documentation of SAP certification
c) Laboratory
• Facility name, address, phone, secure email or fax, email
• Documentation of DHHS certification
• Hours of operation
d) Collection Site
• Facility name, address, phone, secure email or fax, email
• Hours of operation
• Map and/or list of facilities and their proximity to the operating base of each of the existing Wisconsin
Consortium member transit systems
• Approved EBT devices to be used at this facility
4. Provide an implementation schedule for contract services to begin on January 1, 2013.
5. Provide samples of forms, reports, etc., which will be used in the performance of this contract.
• Purchaser contract agreement
• Billing statement
• Test Results Letter/Report
• Shy Lung Evaluation Letter/Report
• Shy Bladder Evaluation Letter/Report
• Cancelled (by Laboratory) Drug Letter/Report
• Cancelled (by MRO) Drug Letter/Report
• Split Sample Result Letter/Report
• Corrective action letter (collection site error – drug and/or BAT)
• Any other samples deemed appropriate
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 12 of 40
ATTACHMENT D
SPECIFICATIONS
General
The Contractor shall be responsible for carrying out all aspects of an existing Drug and Alcohol Testing Program for
Wisconsin transit system employees and prospective employees and transit contractors in accordance with FTA
regulation, 49 CFR Part 655 “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations”, and DOT
regulation, 49 CFR Part 40 “Procedures for Transportation Workplace Drug and Alcohol Testing Programs.”
Wisconsin transit services are operated seven days a week, with hours varying by transit system. Urine collections and
breath alcohol testing shall be conducted as required by the federal regulations during all days and hours that transit
system employees perform safety-sensitive functions.
Drug and alcohol testing and related services shall be performed in compliance with FTA and DOT regulations in
accordance with the terms, conditions and specifications defined herein, during the term of the contract. The service
provider or contractor shall comply with all applicable medical standards, Federal, State and local government safety
codes, laws and regulations, relating to drug and alcohol testing. The Contractor shall remain current with all regulatory
requirements and will make necessary procedural adjustments to comply with regulatory changes.
Officers, employees, directors, shareholders, partners, or individuals associated with Bidder/Contractor shall not be
prohibited from acting as service agent or providing any drug and alcohol testing service to any DOT regulated entity
based on the issuance of a Public Interest Exclusion.
Pursuant to WI State Statute 16.705, all services provided under this contract must be performed in the United States.
The drug and alcohol testing program shall include, but not be limited to, the following tests and procedures for the
categories listed below which are covered under DOT 49 CFR Part 40 procedures:
1. Required Testing
• Pre-employment
• Reasonable suspicion
• Post-accident
• Random
• Return-to-duty
• Follow-up
2. Shy Bladder Evaluation
3. Shy Lung Evaluation
4. Other tests and/or evaluations that may be required as appropriate
Collection
The Contractor shall establish and maintain collection sites capable of handling all required drug and alcohol tests and,
to the greatest extent possible, incorporate existing facilities into their network of collection sites. The Contractor shall
ensure that collection sites provide all necessary personnel, materials, equipment, facilities, and storage space to
conduct tests in a manner consistent with DOT regulations. In addition, each collection site shall accommodate testing
at short notice, on the same day.
Collection sites shall be located in close proximity to the operating base office (defined as within a 30-minute drive) for
each transit system identified in Attachment J.
• The respective Purchaser and the Contractor shall mutually agree upon collection sites before a collection site
may become a permanent collection site.
WISCONSIN DEPARTMENT OF
Transportation
•
•
BID # 270463
Page 13 of 40
Within 30 days of the bid award, the Contractor shall submit to WisDOT for review and approval, the list of
collection sites mutually agreed upon by the Purchaser and Contractor.
Collection sites shall be added or deleted as necessary to accommodate changes in the Wisconsin Consortium.
Specimen collection services shall be available during all hours that safety-sensitive employees are on duty for each
respective transit system for post-accident, reasonable suspicion, random, and follow-up testing.
• If the primary collection site for each of the transit systems is not open during all hours testing is to be
performed, an alternative method for after-hours collections shall be provided.
Drug Testing
The Contractor shall provide drug testing collection, analysis, MRO verification, and reporting for Wisconsin Consortium
member transit systems in accordance with FTA and DOT regulations 49 CFR Parts 655 and 40.
Contractor shall conduct a 5-panel drug test regimen for the following substances:
• Marijuana (THC)
• Cocaine
• Amphetamines
• Opiates
• Phencyclidine (PCP)
The Contractor shall have the capability to conduct a monthly minimum of eighty (80) drug tests. The Contractor shall
understand and agree that the Purchaser does not guarantee a minimum or maximum number of drug analyses that the
Contractor shall perform.
Drug Collection
The Contractor shall implement the collection process conforming to all applicable Federal and State requirements for
split specimen urinalysis drug testing, recognizing that in the event of a conflict in law, the regulations in 49 CFR Part 40
govern. The Contractor shall:
• Provide and utilize 49 CFR Part 40 approved split sample urine collection kits for all urine collections.
• Use Federal custody and control forms for all required drug testing and ensure that all custody and control
forms are transmitted via secure internet, email, or fax to DAPM and originals are sent by U.S. mail within 24
hours of collection.
• Implement procedures to minimize cancelled tests including chain of custody errors.
• Transport all specimens from the designated collection sites to the laboratory within 24 hours of the time of
collection. The Contractor shall take precautions to ensure the integrity of the specimen is not compromised,
lost, or mishandled.
• Avoid any conduct or remarks that might be construed as accusatorial or otherwise offensive or inappropriate.
• Inform DAPM in a timely manner as appropriate for the circumstance, in writing, of any critical problems,
discrepancies, or irregularities regarding the collection process.
The Contractor shall utilize urine collection personnel knowledgeable about the regulations and requirements of 49 CFR
Part 40, 49 CFR Part 655, and the current DOT Urine Specimen Collection Guidelines. Contractor shall ensure that such
personnel take action to remain current with regulatory changes. Urine Collection Personnel shall have completed
qualifications training and proficiency demonstration, in accordance to the regulations, prior to assignment to this
contract. Refresher training is required at least every 5 years from the date of satisfactory completion of initial
qualification training and proficiency demonstration, in order to continue assignment to this contract. Error correction
training is required, in accordance with the regulations, following every occurrence of a collector mistake in the
collection process that causes a test cancellation.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 14 of 40
Certified Laboratory
The Contractor shall establish testing by a DHHS certified laboratory using proper chain-of-custody procedures, and in
compliance with 49 CFR Part 40. The Contractor shall monitor and ensure that testing laboratories being utilized
throughout the term of this contract are certified by DHHS.
The Contractor shall ensure the laboratory:
• Confidentially transmits negative drug test results to MRO in a timely manner and within forty-eight (48) hours
of collection.
• Confidentially transmits positive drug test results to MRO in a timely manner and within seventy-two (72) hours
of collection.
The Contractor shall ensure that all post accident and reasonable suspicion drug tests are analyzed on a daily basis,
reviewed by MRO and reported to DAPM by 9:00 AM the following calendar day.
The Contractor shall provide the services of a second DHHS-certified laboratory for the testing of split specimens.
• The second laboratory shall meet the same requirements as those specified above for the primary lab.
• Procedures shall be developed for the transfer of the split specimen from the primary laboratory to the
secondary laboratory, taking precautions to ensure the integrity of the split specimen test is not compromised
or the specimen is not lost or mishandled.
Medical Review Officer
The Contractor shall provide the services of a Medical Review Officer (MRO) and backup MRO in case the primary MRO
is unavailable. The MRO shall be knowledgeable of and adhere to the requirements in 49 CFR Part 655 pertaining to the
role of the MRO and implement the procedures established in 49 CFR Part 40. The MRO shall be a licensed physician
with appropriate credentials and certification. MROs shall remain current with any changes to the regulations or to DOT
MRO Guidelines. MROs shall have completed qualifications training and examination, in accordance to the regulations,
prior to assignment to this contract. Requalification training and examination is required at lease every 5 years, in
accordance to the regulations, in order to continue assignment to this contract.
The Contractor shall ensure the MRO will:
• Receive all drug test laboratory results directly from the laboratory and review the results.
• Notify employees of positive, substitute, or adulterated test results, scrutinizing lab results, and verifying
legitimate medical explanations for the substance(s) present.
• Notify labs of employee split specimen test results, notify employer and employee of split sample test results,
request additional analyses of adulterated specimens, and verify opiate positives.
• Be certified by a nationally recognized certification organization, knowledgeable in substance abuse disorders,
and with appropriate medical training to interpret and evaluate a positive test result together with the medical
history and any other relevant biomedical information of the donor.
• Remain current on all SAMHSA guidelines and industry experience with new drugs/metabolites, masking agents,
adulterants, interaction, etc.
• Not have ownership or financial interest in any laboratory used by the Purchaser(s) for its substance abuse
testing.
Breath Alcohol Testing
The Contractor shall provide breath alcohol testing services in accordance with procedures in 49 CFR Part 40. The
Contractor shall specifically address such issues as time requirements including:
• Ensure tests are performed as soon as possible following notification of need for a test.
o Confirmation test(s) must be performed after fifteen (15) minutes of the initial test, but no later than
thirty (30) minutes after the initial test.
WISCONSIN DEPARTMENT OF
Transportation
•
•
BID # 270463
Page 15 of 40
The Contractor shall ensure that all post accident and reasonable suspicion alcohol test results, both positive
and negative, shall be reported to DAPM or DER within 15 minutes of completion.
The Contractor shall ensure that all alcohol test forms are securely emailed or faxed to DAPM and originals are
sent via U.S. mail within 24 hours of collection/test.
The Contractor shall provide qualified Breath Alcohol Technicians (BATs) and Screen Test Technicians (STTs) trained to
proficiency on the proposed EBT that will be available during all times the transit safety-sensitive employees are on duty.
Contractor shall also make provisions for back-up BATs and STTs as necessary.
The Contractor shall ensure that only BAT(s)/STT(s) conduct DOT alcohol tests. BATs and STTs shall be knowledgeable
about the alcohol testing procedures in 49 CFR Part 40 and the current DOT guidance. BATs and STTs shall have
completed qualifications training and proficiency demonstration, in accordance to the regulations, prior to assignment
to this contract. Refresher training is required at least every 5 years from the date of satisfactory completion of initial
qualification training and proficiency demonstration, in order to continue assignment to this contract. The Contractor
shall ensure that error correction training is performed, in accordance with the regulations, following every occurrence
of a BAT/STT mistake in the alcohol testing process that causes a test cancellation.
The Contractor shall have the capability to conduct a monthly minimum of twenty (20) breath alcohol tests. The
Contractor shall understand and agree that the Purchaser does not guarantee a minimum or maximum number of
alcohol screening analyses that the Contractor shall perform.
Equipment
The Contractor shall provide National Highway Traffic Safety Administration (NHTSA) approved Evidential Breath Testing
(EBT) equipment in accordance with FTA and DOT regulations 49 CFR Parts 655 and 40. The Contractor shall:
• Provide EBT devices in sufficient quantities and at locations necessary to provide complete service area coverage
within the specified time requirement (within 30 minutes of each transit system operating base location).
• Ensure that EBT devices meet all certification requirements established in 49 CFR Part 40.
o Provide for all necessary maintenance and calibration of EBTs and perform an external calibration check
after every confirmed positive test result.
• Make provisions for back-up EBTs as necessary.
SAP Services
The Contractor shall provide Substance Abuse Professional (SAP) services, located within a one-hour drive of the
operating base for each of the transit systems with a “second chance policy”, which offer rehabilitation to employees.
SAPs shall be knowledgeable about the regulations in 49 CFR Part 40 and qualified with appropriate credentials and
certification. SAPs shall remain current with any changes to the regulations or to DOT SAP Guidelines. SAPs shall have
completed qualifications training and examination, in accordance to the regulations, prior to assignment to this contract.
Requalification training and examination is required at lease every 5 years, in accordance to the regulations, in order to
continue assignment to this contract.
Random Selection and Data Management
The Contractor shall provide random selection and data management as follows:
• Use a computer-based random number generation program to provide the date and list of employees to be
tested for monthly random tests to each Purchaser, individually and separately.
o Random numbers shall be generated in sufficient numbers to cover for long-term absences by
employees selected for testing, incomplete tests, and cancelled tests.
• Maintain a current updated database of all safety-sensitive employees to be used in random selection for
testing. The database shall be updated monthly to ensure that it accurately reflects the safety-sensitive work
force. The database shall include at least the following information on each employee: name, social security
number, employee identification number, and safety-sensitive position.
WISCONSIN DEPARTMENT OF
Transportation
•
BID # 270463
Page 16 of 40
Provide summary information in compliance with recordkeeping needs stated in regulations 49 CFR Parts 40 and
655.
The Contractor shall generate random selections that reflect the testing rates as indicated in FTA regulation 49 CFR Part
655 over the course of the contract. Currently, testing is required on an annual basis at a minimum rate of twenty-five
(25%) of the safety-sensitive pool for drugs and ten percent (10%) for alcohol.
The Contractor may establish single and/or multiple random selection pools. Within 30 days of the bid award, the
Contractor shall submit to WisDOT for review and approval, the random selection and data management process and
procedure used for establishing the use of single and/or multiple pools.
Recordkeeping, Reporting, and Certification
1) The Contractor shall store the following items for five (5) years or as required by law, in a secure area, complying
with legal requirements:
• Verified positive test results, chain of custody and memo for record documents
• BAT certification training, retraining, education
• Urine Collector certification training, retraining, and education documents
• MRO certification training, retraining, and education documents
2) The Contractor shall store the following items for two (2) years or as required by law, in a secure area, complying
with legal requirements:
• Evidential Breath Testing Device calibration documents
• Records related to the alcohol and drug collection process. These records may include collection logbooks, if
used, documents relating to the random selection process, MRO verifications for medical explanation for
insufficient volume, etc.
3) The Contractor shall store the following items for one (1) year or as required by law, in a secure area, complying with
legal requirements:
• Documentation of negative tests results.
4) The Contractor shall assure that the drug-testing laboratory store all specimens that test verified for drugs in a
secure locked freezer for one (1) year, or as required by law whichever is greater. Specimens shall be retained
longer if litigation or a grievance is pending. Evidence shall be stored in the original specimen container in which it
arrived in order to guard against court claims of improperly conducted testing. The laboratory shall maintain strict
confidentiality of all test results in accordance with FTA and DOT regulations 49 CFR Parts 655 and 40.
5) The Contractor shall assure that all test results are forwarded directly to the MRO via a secure means for
verification, employee contact as appropriate, and disposition to appropriate Purchaser consistent with the
requirements set forth in 49 CFR Part 40.
Drug Test Results
•
•
•
•
The Contractor shall ensure that all drug test results (except Post Accident) are reported to the DAPM in a
timely manner and within forty-eight (48) hours. The MRO’s staff shall notify the DAPM within forty-eight
(48) hours if there is a delay and shall provide a daily status report on pending results.
The Contractor shall report Post Accident drug test results to the DAPM within thirty-two (32) hours.
The Laboratory shall report negative drug test results to MRO in a timely manner and within forty-eight (48)
hours of collection. MRO shall report verified negative results to DAPM or DER the date of results receipt.
The Laboratory shall report positive drug test results to MRO in a timely manner and within 72 hours of
collection. The MRO shall report verified positive results to DAPM or DER within 24 hours of results receipt
or request assistance in contacting employee.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 17 of 40
Alcohol Test Results
• The Contractor shall ensure that all Post Accident, Reasonable Suspicion, and Return to Duty alcohol test
results (regardless of the results) and all test results equal to or greater than .02 be reported within 15
minutes of completion to the DAPM or DER by phone and sent via secure email or fax by the next day.
• The Contractor shall ensure that all negative alcohol test results, with the exception noted above, be sent
via secure email or fax to DAPM within 24 hours.
6) The Contractor will coordinate with WisDOT and the Purchasers on the annual MIS reporting to FTA via electronic
submission. The Contractor shall provide all information necessary for completion of transit systems’ (Purchasers’)
annual MIS report. The information will be provided in a manner that allows the Purchaser(s) adequate time for
Purchaser review and WisDOT submittal by the FTA reporting deadline of March 15th.
7) The Contractor shall provide an aggregate semi-annual statistical summary of laboratory urinalysis testing results
and proficiency testing results to the Purchasers and WisDOT by January 20 and July 20 each year. The summation
report shall be consistent with the reporting elements specified in 49 CFR, Part 40, Appendix B.
8) The Contractor shall complete and submit an annual compliance report (Attachment I) to WisDOT by January 30th.
Billing
The Contractor shall submit monthly invoices to each Purchaser for their specific services, consistent with the per unit
price proposed in the bid form.
Training
The Contractor shall:
• Provide reasonable suspicion training as requested by the Purchaser(s) or WisDOT, at a maximum of twice per
year.
• Coordinate with WisDOT for reasonable suspicion training sessions.
o Costs for providing training are billed to the Purchaser(s) by the Contractor and must be based on actual
costs incurred (airfare or mileage, lodging, etc.)
Safety Notices/Recalls
Contractor must provide immediate notification to Purchasing of any recall notices, warranty replacements, and/or
safety notices. Failure to provide this information may result in immediate termination of the award.
Record and Audit
The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions
conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures.
All procedures must be in accordance with federal, State of Wisconsin and local ordinances.
WisDOT shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by
the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than
five years after the final contract payment is made. WisDOT reserves the right to inspect any facilities used to support
this Contract.
In the event the FTA selects either WisDOT or any member(s) of the Consortium for an audit of the Wisconsin Drug &
Alcohol Program, the Contractor shall provide assistance with and cooperation in producing all required records and
supporting documentation requested by FTA. The Contractor shall also be available to address any questions or
concerns FTA may have about the administration of Wisconsin’s Drug & Alcohol Program.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 18 of 40
Minimum Insurance Requirements
Every contractor and all parties furnishing services or products to the Wisconsin Department of Transportation (WisDOT)
or any of its subsidiary companies must provide WisDOT with evidence of the following minimum insurance
requirements. In no way do these minimum requirements limit the liability assumed elsewhere in the contract. All
parties shall, at their sole expense, maintain the following insurance:
A. Commercial General Liability Insurance including contractual coverage:
The limits of this insurance for bodily injury and property damage
Combined shall be at least:
Each Occurrence Limit
$1,000,000
General Aggregate Limit
$2,000,000
Products-Completed Operations Limit $2,000,000
Personal and Advertising injury Limit $1,000,000
B. Business Automobile Liability Insurance:
Should the performance of this Agreement involve the use of automobiles, Contractor shall provide comprehensive
automobile insurance covering the ownership, operation and maintenance of all owned, non-owned and hired
motor vehicles. Contractor shall maintain limits of at least $1,000,000 per accident for bodily injury and property
damage combined.
C. Workers’ Compensation Insurance:
Such insurance shall provide coverage in amounts not less than the statutory requirements in the state where the
work is performed, even if such coverages are elective in that state.
D. Employers Liability Insurance:
Such insurance shall provide limits of not less than $500,000 policy limit.
E. Professional Liability/Errors and Omissions:
This insurance should insure the professional services of the Contractor for the scope of services to be provided
under this contract. Such insurance shall provide limits of not less than $5,000,000 per occurrence.
F. Excess/Umbrella Liability Insurance:
Such insurance shall provide additional limits of not less than $5,000,000 per occurrence in excess of the limits
stated in (A.), (B.), and (D.) above.
Additional Requirements:
G. Contractor shall require the same minimum insurance requirements, as listed above, of all its contractors, and
subcontractors, and these contractors, and subcontractors shall also comply with the additional requirements listed
below.
H. The insurance specified in (A), (B) and (D.) above shall: (a) name WisDOT including its directors, officers, employees
and agents as additional insureds by endorsement to the policies, and, (b) provide that such insurance is primary
coverage with respect to all insureds and additional insureds.
I. The above insurance coverages may be obtained through any combination of primary and excess or umbrella liability
insurance. WisDOT may require higher limits or other types of insurance coverage(s) as necessary and appropriate
under the applicable purchase order.
J. Except where prohibited by law, all insurance policies shall contain provisions that the insurance companies waive
the rights of recovery or subrogation, by endorsement to the insurance policies, against WisDOT, its subsidiaries, its
agents, servants, invitees, employees, co-lessees, co-venturers, affiliated companies, contractors, subcontractors,
and their insurers.
K. The coverage provided shall not be cancelled, reduced in coverage, or allowed to lapse unless, and until, WISDOT
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 19 of 40
and the Purchasers receive at least thirty (30) days advanced written notice of same. Said written notice must be
delivered to WISDOT at the address provided in Section 5.3 of this RFB and all appropriate Purchasers.
L. The Contractor shall provide evidence of the Medical Review Officer’s malpractice insurance, as applicable.
M. Contractor shall provide certificates evidencing the coverages, limits and provisions specified above on or before the
execution of the Agreement and thereafter upon the renewal of any of the policies. Contractor shall require all
insurers to provide WisDOT with a thirty (30) day advanced written notice of any cancellation, nonrenewal or
material change in any of the policies maintained in accordance with this Agreement. Coverage must be placed
with carriers with an A. M. Best rating of A- 10 or better.
Mail to:
Wisconsin Department of Transportation
4802 Sheboygan Ave., Room 751
Madison, WI 53707-7915
Attn: Ann Bailey
Performance
Should the Contractor fail to perform per specifications or cancels the contract prior to the end of a contract
term/renewal period, WisDOT reserves the right to award to the next responsive responsible bidder meeting
specifications, or rebid the entire contract.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 20 of 40
ATTACHMENT E
FEDERAL CONTRACT CLAUSES (AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION)
1.0 Energy Conservation: Contractor shall comply with mandatory standards and policies relating to energy efficiency,
stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act.
2.0 Access to Records: The following access to records requirements applies to this Contract:
(1) Where the Purchaser is not a State but a local government and is an FTA recipient or a subgrantee of the FTA
recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller
General or their authorized representatives access to any books, documents, papers and contractor records
which are pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor shall also, pursuant to 49 CFR. 633.17, provide authorized FTA representatives,
including any PMO contractor, access to contractor's records and construction sites pertaining to a capital
project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC
5307, 5309 or 5311.
(2) Where the Purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49
CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO
Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49
USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By
definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at
$100,000.
(3) Where the purchaser enters into a negotiated contract for other than a small purchase or under the simplified
acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is
the FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the
purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books,
documents, papers and record of the contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
(4) Where a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a)
enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than
competitive bidding, the contractor shall make available records related to the contract to the purchaser, the
Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for
the purposes of conducting an audit and inspection.
(5) Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
(6) Contractor shall maintain all books, records, accounts and reports required under this contract for a period of
not less than three (3) years after the date of termination or expiration of this contract, except in the event of
litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees
to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49
CFR 18.39(i)(11).
FTA does not require the inclusion of these requirements in subcontracts.
3.0 Federal Changes: Contractor shall comply with all applicable FTA regulations, policies, procedures and directives,
including without limitation those listed directly or by reference in the Master Agreement between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's
failure to comply shall constitute a material breach of the contract.
4.0 No Government Obligation to Third Parties:
(1) The recipient and contractor acknowledge and agree that, notwithstanding any concurrence by the US
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the US Government, the US Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the recipient, the contractor, or any other party (whether or not a party to that
contract) pertaining to any matter resulting from the underlying contract.
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 21 of 40
(2) Contractor agrees to include the above clause in each subcontract financed in whole or in part with FTA
assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
5.0 Program Fraud and False or Fraudulent Statements or Related Acts:
(1) Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31
USC 3801 et seq . and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions
pertaining to this project. Upon execution of the underlying contract, contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining
to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, contractor further acknowledges that if it makes, or causes to be made,
a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on contractor to the extent the US
Government deems appropriate.
(2) If contractor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or
certification to the US Government under a contract connected with a project that is financed in whole or in part
with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the
penalties of 18 USC 1001 and 49 USC 5307(n)(1) on contractor, to the extent the US Government deems
appropriate.
(3) Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA
assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the
provisions.
6.0 Contracts Involving Federal Privacy Act Requirements: The following requirements apply to the Contractor and its
employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information
restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the
Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its
employees operate a system of records on behalf of the Federal Government. The Contractor understands that
the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to
those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination
of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of
records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by
FTA.
7.0 Civil Rights: The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of
the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act
(1990), 42 USC 12132, and 49 USC 5332, contractor shall not discriminate against any employee or applicant for
employment because of race, color, creed, national origin, sex, age, or disability. Contractor shall also comply
with applicable Federal implementing regulations and other requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42
USC 2000e, and 49 USC 5332, contractor shall comply with all applicable equal employment opportunity
requirements of US Department of Labor, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, USDOL," 41 CFR 60 et seq ., (implementing Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 U.S.C. 2000e), and with any applicable Federal statutes,
executive orders, regulations, and policies that may in the future affect construction activities undertaken in
the course of the project. Contractor shall take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, creed, national
origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading,
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demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In addition, Contractor shall
comply with any implementing requirements FTA may issue.
(b) Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC
623 and 49 USC 5332, Contractor shall refrain from discrimination against present and prospective
employees for reason of age. Contractor shall also comply with any implementing requirements FTA may
issue.
(c) Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC
12112, contractor shall comply with the requirements of US Equal Employment Opportunity Commission
(EEOC), Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,
29 CFR 1630, pertaining to employment of persons with disabilities. Contractor shall also comply with any
implementing requirements FTA may issue.
(3) Contractor shall include these requirements in each subcontract financed in whole or in part with FTA
assistance, modified only if necessary to identify the affected parties.
8.0 Incorporation of Federal Transit Administration (FTA) Terms:
The preceding provisions include, in part, certain Standard Terms and Conditions required by USDOT, whether or not
expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA
Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any request
that would cause the recipient to be in violation of FTA terms and conditions.
9.0 Termination:
Applicability – All contracts over $10,000 except contracts with nonprofit organizations and institutions of higher
learning , where the threshold is $100,000
(a) Termination for Convenience (General Provision) The recipient may terminate this contract, in whole or in part,
at any time by written notice to contractor when it is in the recipient’s best interest. Contractor shall be paid its
costs, including contract close-out costs, and profit on work performed up to the time of termination. Contractor
shall promptly submit its termination claim to the recipient. If contractor is in possession of any of the recipient’s
property, contractor shall account for same, and dispose of it as the recipient directs.
(b) Termination for Default [Breach or Cause] (General Provision) If contractor does not deliver items in accordance
with the contract delivery schedule, or, if the contract is for services, and contractor fails to perform in the manner
called for in the contract, or if contractor fails to comply with any other provisions of the contract, the recipient may
terminate this contract for default. Termination shall be effected by serving notice of termination to contractor
setting forth the manner in which contractor is in default. Contractor shall only be paid the contract price for
supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth
in the contract.
If it is later determined by the recipient that contractor had an excusable reason for not performing, such as a strike,
fire, or flood, events which are not the fault of or are beyond the control of contractor, the recipient, after setting up
a new delivery or performance schedule, may allow contractor to continue work, or treat termination as a
termination for convenience.
(c) Opportunity to Cure (General Provision) The recipient in its sole discretion may, in the case of a termination for
breach or default, allow contractor an appropriately short period of time in which to cure the defect. In such case,
the termination shall state the time period in which cure is permitted and other appropriate conditions. If
contractor fails to remedy to the recipient’s satisfaction the breach or default or any of the terms, covenants, or
conditions of this Contract within ten (10) days after receipt by contractor or written notice from the recipient
setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract
without any further obligation to contractor. Any such termination for default shall not in any way operate to
preclude the recipient from also pursuing all available remedies against contractor and its sureties for said breach or
default.
(d) Waiver of Remedies for any Breach: In the event that the recipient elects to waive its remedies for any breach
by contractor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its
remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.
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(e) Termination for Convenience (Professional or Transit Service Contracts): The recipient, by written notice, may
terminate this contract, in whole or in part, when it is in the recipient’s interest. If the contract is terminated, the
recipient shall be liable only for payment under the payment provisions of this contract for services rendered before
the effective date of termination.
(f) Termination for Default (Supplies and Service): If contractor fails to deliver supplies or to perform the services
within the time specified in this contract, the recipient may terminate this contract for default. The recipient shall
terminate by delivering to contractor a notice of termination specifying the nature of default. Contractor shall only
be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner
or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is
determined that contractor was not in default, the right and obligations of the parties shall be the same as if
termination had been issued for the recipient’s convenience.
(g) Termination for Default (Transportation Services): If contractor fails to pick up the commodities or to perform
the services, including delivery services, with the time specified in this contract or any extension or if contractor fails
to comply with any other provisions of this contract, the recipient may terminate this contract for default. The
recipient shall terminate by delivering to contractor a notice of termination specifying the nature of default.
Contractor shall only be paid the contract price for services performed in accordance with the manner of
performance set forth in this contract.
If this contract is terminated while contractor has possession of the recipient goods, contractor shall, as directed by
the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Contractor and the
recipient shall agree on payment for the preservation and protections of goods. Failure to agree on an amount shall
be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined
that contractor was not in default, the rights and obligations of the parties shall be the same as if termination had
been issued for the recipient’s convenience.
(h) Termination for Default (Construction): If contractor refuses or fails to prosecute the work or any separable
part, with the diligence that will insure its completion within the time specified, or any extension, or fails to
complete the work within this time, or if contractor fails to comply with any other provisions of this contract, the
recipient may terminate this contract for default. The recipient shall terminate by delivering to contractor a notice of
termination specifying the nature of default. In this event, the recipient may take over the work and compete it by
contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site
necessary for completing the work. Contractor and its sureties shall be liable for any damage to the recipient
resulting from contractor’s refusal or failure to complete the work within specified time, whether or not contractor’s
right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in
completing the work.
Contractor’s right to proceed shall not be terminated nor shall contractor be charged with damages under this
clause if:
1. Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or
negligence of contractor. Examples of such causes include: acts of God, acts of the recipient, acts of another
contractor in the performance of a contract with the recipient, epidemics, quarantine restrictions, strikes,
freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of
delay. If in the recipient’s judgment, delay is excusable, the time for completing the work shall be extended.
The recipient’s judgment shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of contractor’s right to proceed, it is determined that contractor was not in default, or that the
delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for
the recipient’s convenience.
(i)Termination for Convenience or Default (Architecture & Engineering) The recipient may terminate this contract in
whole or in part, for the recipient’s convenience or because of contractor’s failure to fulfill contract obligations. The
recipient shall terminate by delivering to contractor a notice of termination specifying the nature, extent, and
effective date of termination. Upon receipt of the notice, contractor shall (1) immediately discontinue all services
affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications,
reports, estimates, summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. If termination is for the recipient’s convenience, it shall make an equitable
adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for
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contractor’s failure to fulfill contract obligations, the recipient may complete the work by contract or otherwise and
contractor shall be liable for any additional cost incurred by the recipient.
If, after termination for failure to fulfill contract obligations, it is determined that contractor was not in default, the
rights and obligations of the parties will be the same as if termination had been issued for the recipient’s
convenience.
(j) Termination for Convenience or Default (Cost-Type Contracts) The recipient may terminate this contract, or any
portion of it, by serving a notice or termination on contractor. The notice shall state whether termination is for
convenience of the recipient or for default of contractor. If termination is for default, the notice shall state the
manner in which contractor has failed to perform the requirements of the contract. Contractor shall account for any
property in its possession paid for from funds received from the recipient, or property supplied to contractor by the
recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to
contractor in proportion to the value, if any, of work performed up to the time of termination. Contractor shall
promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to
be paid to contractor. If termination is for the recipient’s convenience, contractor shall be paid its contract close-out
costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of
termination.
If, after serving a notice of termination for default, the recipient determines that contractor has an excusable reason
for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the
contractor, the recipient, after setting up a new work schedule, may allow contractor to continue work, or treat the
termination as a termination for convenience.
10.0 Government Wide Debarment and Suspension (Non Procurement)
Applicability – Contracts over $25,000
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that
none of the contractors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are
excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR
29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined
that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the
recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C which this offer is
valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
11.0 Breaches and Dispute Resolution
Applicability – All contracts over $100,000
Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided
in writing by the recipient’s authorized representative. This decision shall be final and conclusive unless, within ten (10)
days from the date of receipt of its copy, contractor mails or otherwise furnishes a written appeal to the recipient’s CEO.
In connection with such appeal, contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of the recipient’s CEO shall be binding upon contractor and contractor shall abide by the
decision.
Performance During Dispute – Unless otherwise directed by the recipient, contractor shall continue performance under
this contract while matters in dispute are being resolved.
Claims for Damages – Should either party to the contract suffer injury or damage to person or property because of any
act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for
damages therefore shall be made in writing to such other party within ten (10) days after the first observance of such
injury or damage.
Remedies – Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question
between the recipient and contractor arising out of or relating to this agreement or its breach will be decided by
arbitration if the parties mutually agree, or in a court of competent jurisdiction within the residing State
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Rights and Remedies – Duties and obligations imposed by the contract documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed
or available by law. No action or failure to act by the recipient or contractor shall constitute a waiver of any right or duty
afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
12.0 Lobbying
Applicability - Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service
Contract/Operational Service Contract/Turnkey contracts over $100,000
Byrd Anti-Lobbying Amendment, 31 USC 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104-65[to be
codified at 2 USC § 1601, et seq.] – Contractors who apply or bid for an award of $100,000 or more shall file the
certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee
of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 USC
1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made
lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by
31 USC 1352. Such disclosures are forwarded from tier to tier up to the recipient.
13.0 Clean Air
1) Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401
et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient will, in turn,
report each violation as required to FTA and the appropriate EPA Regional Office.
2) Contractor shall include these requirements in each subcontract exceeding $100,000 financed in whole or in part with
FTA assistance
14.0 Clean Water
Applicability – All contracts and subcontracts over $100,000
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water
Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and
understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate
EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with FTA assistance.
15.0 Disadvantaged Business Enterprise
Applicability – Contracts over $3,000 awarded on the basis of a bid or proposal offering to use DBEs
(a) This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal
for participation of Disadvantaged Business Enterprises (DBE) is 10%. The recipient’s overall goal for DBE participation is
listed elsewhere. If a separate contract goal for DBE participation has been established for this procurement, it is listed
elsewhere.
(b) The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of
this contract. Failure by the contractor to carry out these requirements is a material breach of this contract which may
result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR
26.13(b)).
(c) If a separate contract goal has been established, bidders/offerors are required to document sufficient DBE
participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49
CFR 26.53.
(d) If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE
participation obtained through race-neutral means throughout the period of performance.
(e) The contractor is required to pay its subcontractors performing work related to this contract for satisfactory
performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the
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recipient. In addition, the contractor may not hold retainage from its subcontractors or must return any retainage
payments to those subcontractors within 30 days after the subcontractor’s work related to this contract is satisfactorily
completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance
of the subcontractor’s work by the recipient and contractor’s receipt of the partial retainage payment related to the
subcontractor’s work.
(f) The contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this
contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE
subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor
and perform that work through its own forces or those of an affiliate without prior written consent of the recipient.
16.0 Full and Open Competition
In accordance with 49 USC §5325(a) all procurement transactions shall be conducted in a manner that provides full and
open competition.
17.0 Prohibition Against Exclusionary or Discriminatory Specifications
Apart from inconsistent requirements imposed by Federal statute or regulations, the contractor shall comply with the
requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support procurements using
exclusionary or discriminatory specifications.
18.0 Conformance with ITS National Architecture
Contractor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as
required by SAFETEA-LU Section 5307§, 23 USC Section 512 note and follow the provisions of FTA Notice, “FTA National
Architecture Policy on Transit Projects,” 66 Fed Reg. 1455 et seq., January 8, 2001, and any other implementing
directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing
19.0 Notification of Federal Participation
To the extent required by law, in the announcement of any third party contract award for goods and services (including
construction services) having an aggregate value of $500,000 or more, contractor shall specify the amount of Federal
assistance to be used in financing that acquisition of goods and services and to express that amount of Federal
assistance as a percentage of the total cost of the third party contract.
20.0 Interest of Members or Delegates to Congress
No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract not to any
benefit arising therefrom.
21.0 Ineligible Contractors and Subcontractors
Any name appearing upon the Comptroller General’s list of ineligible contractors for federally-assisted contracts shall be
ineligible to act as a subcontractor for contractor pursuant to this contract. If contractor is on the Comptroller General’s
list of ineligible contractors for federally financed or assisted construction, the recipient shall cancel, terminate or
suspend this contract.
22.0 Other Contract Requirements
To the extent not inconsistent with foregoing Federal requirements, this contract shall also include those standard
clauses attached hereto, and shall comply with the recipient’s Procurement Guidelines, available upon request from the
recipient.
23.0 Compliance with Federal Regulations
Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT-required contractual
provisions, as set forth in FTA Circular 4220.1F, are incorporated by reference. Anything to the contrary herein
notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this
Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any grantee request
that would cause the recipient to be in violation of FTA terms and conditions. Contractor shall comply with all applicable
FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by
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reference in the Master Agreement between the recipient and FTA, as may amended or promulgated from time to time
during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.
24.0 Real Property
Any contract entered into shall contain the following provisions: Contractor shall at all times comply with all applicable
statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use and disposal of real
property, including, but not limited to, 29 CFR 18.31, 49 CFR 24 Subpart B, FTA Circular 5010.1D, and FTA Master
Agreement, as they may be amended or promulgated during the term of this contract. Contractor’s failure to so comply
shall constitute a material breach of this contract.
25.0 Access to Services for Persons with Limited English Proficiency
To the extent applicable and except to the extent that FTA determines otherwise in writing, the Recipient agrees to
comply with the policies of Executive Order No. 13166, “Improving Access to Services for Persons with Limited English
Proficiency,” 42 USC § 2000d 1 note, and with the provisions of US DOT Notice, “DOT Guidance to Recipients on Special
Language Services to Limited English Proficient (LEP) Beneficiaries,” 70 Fed. Reg. 74087, December 14, 2005.
26.0 Environmental Justice
The Recipient agrees to comply with the policies of Executive Order No. 12898, “Federal Actions to Address
Environmental Justice in Minority Populations and Low Income Populations,” 42 USC § 4321 note, except to the extent
that the Federal Government determines otherwise in writing.
27.0 Environment Protections
Compliance is required with any applicable Federal laws imposing environmental and resource conservation
requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the
National Environmental Policy Act of 1969: the Clean Air Act; the Resource Conservation and Recovery Act; the
comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title
23 USC, and 49 UC chapter 53. The US EPA, FHWA and other federal agencies may issue other federal regulations and
directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect
now or that become effective in the future.
28.0 Geographic Information and Related Spatial Data
Any project activities involving spatial data or geographic information systems activities financed with Federal assistance
are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data
Committee, except to the extent that FTA determines otherwise in writing.
29.0 Federal Single Audit Requirements for State Administered Federal Aid Funded Projects Only
Non Federal entities that expend $500,000 or more in a year in Federal awards from all sources are required to comply
with the Federal Single Audit Act provisions contained in US Office of Management and Budget (OMB) Circular Number
A-133, Audits of States, Local Governments, and Non Profit Organizations. Non Federal entities that expend Federal
awards from a single source may provide a program specific audit, as defined in the Circular. Non Federal entities that
expend less than $500,000 in a year in Federal awards from all sources are exempt from Federal audit requirements for
that year, except as noted in ‘3052.215(a), but records must be available for review or audit by appropriate officials of
the Federal and State agencies.’
30.0 Catalog of Federal Domestic Assistance (CFDA) Identification Number
The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the
Federal program under which they were received. Federal program and award identification shall include, as applicable,
the CFDA title and number, award number and year, name of the Federal agency, and name of the pass through entity.
31.0 CFDA Number for the Federal Transit Administration
A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local
Governments, and Non-Profit Organizations,” agrees to separately identify the expenditures for Federal awards under
the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC)
required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for Federal awards
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made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA
number, and inclusion of the prefix “ARRA” in identifying the name of the Federal program on the SEFA and as the first
characters in Item 9d of Part III on the SF-SAC.
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ATTACHMENT F
CERTIFICATION AND RESTRICTIONS ON LOBBYING
I, ____________________________________________________________________________, hereby certify
(Name and title of official)
On behalf of ____________________________________________________________________ that:
(Name of Bidder/Company Name)
 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan or cooperative agreement.
 If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee
of Congress, or an employee of a Member of Congress in connection with the federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form – LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
 The undersigned shall require that the language of this certification be included in the award documents for all
sub-awards at all tiers (including sub-contracts, sub-grants and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31
USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned certifies or affirms that truthfulness and accuracy of the contents of the statements submitted on or
with this certification and understands that the provisions of 31 USC Section 3801, et seq., are applicable thereto.
Name of Bidder/Company Name ___________________________________________________________________
Type or print name_______________________________________________________________________________
Signature of authorized representative________________________________________ Date_________________
Signature of notary and SEAL_______________________________________________________________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 30 of 40
ATTACHMENT G
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an
update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549,
Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 USC 6101 not (Section 2455,
Public Law 103-355, 108 Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed
$25,000 as well as any contract or subcontract (at any level) for federally required auditing services. 49 CFR 29.220(b).
This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered
from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as ‘covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that
the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or
disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person,
or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that
certification is still acceptable but is no longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they
contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered
transactions (i.e., the requirement flows down to subcontracts at all levels).
Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that
none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded
or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR
29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the
bidder or proposer certifies as follows:
The certification is this clause is a material representation of fact relied upon by the recipient. If it is later determined
that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the
recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is
valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
Contractor ________________________________________________________________________________________
Signature of Authorized Official______________________________________________ _____ Date________________
Name and Title of Contractor’s Authorized Official_________________________________________________________
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 31 of 40
Attachment H
BIDDER’S PRICE SHEET
Instructions:
For the purpose of developing cost estimate, tests occur randomly throughout the day on weekdays, weekends, and
holidays. There are approximately 58 transit systems and 1,000 safety sensitive employees. The Bidder shall understand
and agree the Purchaser does not guarantee a minimum or maximum number of tests that the Bidder shall perform.
A. Specimen Collection and Drug Testing (estimated monthly total - 80 tests)
Bid Item
Unit Price
Specimen Collection
Laboratory Services
MRO Services
Quantity
Total
(Unit Price x
Qty)
80
80
80
Subtotal
B. Breath Alcohol Tests (estimated monthly total - 20 tests)
Bid Item
Unit Price
Initial Screen and Confirmation
Test
Subtotal
Quantity
Total
(Unit Price x
Qty)
20
C. Program Administration
Bid Item
Unit Price
(per
month)
Random Selection
Management
Recordkeeping and Reporting
Administration Fee (start up
logistics, supplies, etc.)
Subtotal
Total Bid Price (A through C)
D.
______
Note: Bid selection is based on price of item D.
E. Additional Services
Instructions:
These items may or may not be purchased depending on need. These prices are not included in the Method of Award, but
will be used if purchased from the resulting contract.
Item
SAP Services
Litigation Services
Reasonable Suspicion Training
Amount
(per hour)
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 32 of 40
ATTACHMENT I
FTA Drug and Alcohol Third Party Administrator Compliance Report
To be completed annually by January 30 and submitted to WisDOT, P.O. Box 7913, Madison, WI 53707.
Contact Information
Name:
Job Title:
Address:
Phone:
Fax:
Email:
I, the undersigned, certify that the above and attached statements are true and complete to the best of my knowledge.
Signature
Date
Required Response Elements




List of Transit Agencies you represent
Contact information and license and certification documentation for your subcontractors:
o Collection Sites
o DHHS Certified Lab (copy of the federal register listing)
o MRO’s
o SAP
Forms or checklists used to monitor compliance efforts for WisDOT’s consortium and for the network of service
agents (collection sites, labs, etc.).
Narrative update on Procedures, Random Selection, Testing Process (see below)
Procedures
 Are collection site facilities inspected? What was the date of the last inspection?
 Are canceled tests monitored? If so, how?
 How many tests have been canceled? What were the reasons for doing so?
 What measures have been taken to minimize the number of canceled tests?
Random Selection and Testing Process
 Describe the random selection process.
 How often selections are made (daily, weekly, monthly, quarterly)?
 Is testing evenly distributed throughout the day (morning, afternoon, evening)
and shift times (beginning, middle, end)?
 How soon after selections are made are tests performed?
 Are testing dates monitored? Are dates spread evenly throughout the year with
an unpredictable draw period, including weekends and holidays if a safety
function is performed?
 What types of employee identification are used in random testing?
 How many safety-sensitive employees do you test?
 How many tests need to be performed to meet the regulatory requirements for
drug testing and alcohol testing?
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 33 of 40
Attachment J
2012 Drug and Alcohol Consortium Members
Transit Provider (Purchaser)
Running, Inc. for the cities of:
Baraboo, Portage, Prairie du Chien, Richland Center, Viroqua, Chippewa
Falls, Onalaska
Approximate Number of Safety Sensitive
Employees (all categories)
Notes
Base of Operation
103 Water Street,
Baraboo, WI 53913
103 Dodge St
Portage, WI 53901
314 South Illinois St
Prairie du Chien, WI 53821
1219 E. Hazeltine St
Richland Center, WI 53581
318 W. Decke
Viroqua, WI 54665
21 Cliff St
Chippewa Falls, WI 54729
300 Court Street
Onalaska, WI 54650
Transit Provider (Purchaser)
208
The 208 reflect employees for the subrecipient listed under Running, Inc.
Dispatch and administrative services are conducted out of the Viroqua office.
Satellite garages are used for the respective subrecipients.
Hours of Operation
M-F 5am-10pm, Sat. 5am-4pm, Sun. 5am-2pm
24 hours a day, 7 days a week
M-F 6:30am-11:30pm, Sat. 7am-4pm, Sun. 7am-4pm
M-F 6am-4 pm, Sat. 8am-3pm, Sun. 7am-2pm
M-F 6:30am-9pm, 7am-9pm Sat. and Sun.
M-F 5am-7pm, Sat.-Sun 6:30am-4:30pm
7 days a week, 6:30am-7pm
Brown Cab for the cities of:
Edgerton, Fort Atkinson, Jefferson, Lake Mills, Medford, Monroe, Ripon,
Waupaca, Waupun, Whitewater and the Village of Prairie du Sac
Approximate Number of Safety Sensitive
Employees (all categories)
Notes
Base of Operation
12 Albion St
Edgerton, WI 53534
735 Madison Ave
Fort Atkinson, WI 53538
317 South Main
Jefferson, WI 53549
200 D Water St
Lake Mills, WI 53551
120 N. Main St
Medford, WI 54451
517 10th St
Monroe, WI 53566
313 Watson St Ste D
Ripon, WI 54971
705 Redfield St
Waupaca, WI 54981
81
The 81 reflects the employees for the subrecipients listed under Brown Cab.
Dispatch and administrative services are conducted out of the Fort Atkinson
Office. Satellite garages are used for the respective subrecipients.
Hours of Operation
M-F 7:15am-5:15pm, Sat. 9am-1pm
M-F 6:30am-7pm, Sat. 7am-6:30pm, Sun. 7am-4pm
M- Thur 6:30am-7pm, Fri. 6:30am-2am,
Sat. 7am-2am, Sun. 7am-4pm
M-F 7am-7pm, Sat. 8am-2pm, Sun. 7am-12:30pm
M- Thur 7am-5:30pm, Fri. 7am-5:45pm,
Sun. 7:45am-3:45pm
M-F 5:30am - 10pm, Sat. 6am - 10pm
M- Thur 6:30am-6:30pm, Fri. 6:30am-2am,
Sat. 8am-2am, Sun. 8am-4pm
M- Thur 6:30am-10pm, Fri 6:30am-2:30am,
Sat. 7am-2:30am, Sun. 8am-4pm
WISCONSIN DEPARTMENT OF
Transportation
10 East Mills St
Waupun, WI 53963
150 E. Starin Rd
Whitewater, WI 53190
200 Hemlock
Sauk City, WI 53583
Transit Provider (Purchaser)
BID # 270463
Page 34 of 40
M- Thur 6am-6pm, Fri. 6am-2:30am,
Sat. 10am-2:30am
M-W 7am-7pm, Thur-Fri., 7am-2:30am,
Sat. 7am-2:45am, Sun. 7am-4pm
M-F 5:45am-6pm, Sat. 9am-1pm
Top Hat, Inc. for the cities of:
Beaver Dam, New Richmond, Platteville, River Falls and Shawano
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
325 S. Spring St
Beaver Dam, WI 53916
215 N. Knowles #D
New Richmond, WI 54017
P.O. Box 649,
Platteville, WI 53818
715 St Croix St #13
River Falls, WI 54022
P.O. Box 7
Shawano, WI 54166
24
Hours of Operation
M-Thur 6am-10pm, Fri 6am-2am, Sat 8am-2am,
Sun 8am-5pm
M-F 7am-8pm, Sat. 7am-8pm, Sun. 8am-6pm
M-Sat 6am-8pm, Sun. 7am-1pm
M-F 7am-8pm, Sat.-Sun 8am-8pm
M-F 6am-9pm, Sat. 8am-9pm, Sun. 8am-7pm
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
311 William St
Watertown, WI 53094
Passenger Transit for the city of: Watertown
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
926 Hanson Street
Mauston, WI 53948
325 Woodlawn Ave
Black River Falls, WI 54615
Falls Taxi for the cities of: Black River Falls and Mauston
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
2560 E. Main Street #1
Reedsburg, WI 53959
1100 A McCoy Bldv E
Tomah, WI
1201 Oak Street Ste T
West Bend, WI
29
Hours of Operation
M-Thur 5:30am-12am, Fri 5:30am-3am,
Sat 5:30am-4am, Sun/Holiday 7am-6pm
14
Hours of Operation
Sun-Thur 6am-11pm, Fri-Sat 6am-2:30pm
Sun-Thur 6:30am-10pm, Fri-Sat 6:30am-2:30pm
FDS Enterprise for the cities of: Reedsburg, Tomah, and West Bend
41
Hours of Operation
M-Thur 6am-10pm, Fri-Sat 6am-12:00am,
Sun 8am-4pm
M- Thur 5:30am-10pm, Fri-Sat 5:30am-2:30am,
Sun 6:30am-10pm
M- Sat 6am-10pm, Sun 8am-4pm
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 35 of 40
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Notes:
Base of Operation
W5621 Todd Drive
Neillsville, WI 54446
W5621 Todd Drive
Neillsville, WI 54446
Abby Vans for the city of: Neillsville, Door County
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
745 Broadway
Berlin, WI 54923
Classic Cab for the city of: Berlin
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
217 Industrial
Clintonville, WI 54929
Truck City Taxi for the city of: Clintonville
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
1000 West College Ave
Ladysmith, WI 54848
Indianhead CAA for the county of: Rusk
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
th
2655 S. 35 Street
Manitowoc, WI 54220
Maritime Metro for the city of: Manitowoc
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
71 Albert Dr
Manitowoc, WI 54220
Assist to Transport for the city of: Manitowoc
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
1615 Badger Pkwy
PO Box 691
Marinette, WI 54143
Taxi Inc. for the city of: Marinette
133
Abby Vans also provides service to the city of Madison.
Hours of Operation
M-F 6am-10pm, Sat. 7am-10pm, Sun 7am-6pm
M-F 6am-10pm, Sat. 7am-6pm, Sun 7am-3pm
9
Hours of Operation
M-F 7:30am-6pm, Sat. 8am-5:30pm, Sun 8am-1pm
10
Hours of Operation
M-F 7:30am-5pm, Sat. 9am-Noon
18
Hours of Operation
M-F, 7:30am-9:30pm
9
Hours of Operation
M-F, 5am-8pm; Sat 9am-4pm
46
Hours of Operation
M-F 5am - 6:30pm, Sat 9am-4:30pm
23
Hours of Operation
M-F 6am-7pm, Sat. 9am-7pm, Sun 8am-7pm
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 36 of 40
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
400 S. Central Ave
Marshfield, WI 54449
Radio City Cab for the city of: Marshfield
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
203 Shiek Plaza
PO Box 206
Rhinelander, WI 54501
Rapid Cab for the city of: Rhinelander
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
2703 Industrial St
Wisconsin Rapids, WI 54495
River City Cab for the city of: Wisconsin Rapids
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
1218 79th St
Kenosha, WI 53143
Kenosha Achievement Center for the county: Kenosha
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
W9491 County Rd B
Bryant, WI 54418
Freedom Vans for the city: Plover
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
403 Gabriel Ct
Menominee, WI 54751
Dunn County Transit
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
300 Industrial Park Rd
Ashland, WI 54806
BART & Bad River Tribe
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
421 Nebraska St
Sturgeon Bay, WI 54235
Door County
14
Hours of Operation
Sun-Thur 6am-12am, Fri-Sat 6am-3am
15
Hours of Operation
24 hours a day, 7 days a week
25
Hours of Operation
M-Thur 5am-12am, Fri-Sat 5am-3am,
Sun 7:30am-4:30pm
19
Hours of Operation
http://www.co.kenosha.wi.us/transit/RoutesandSchedules.html
8
Hours of Operation
M-F 6:30am - 6pm, Sat. 8am - 4pm
13
Hours of Operation
M-F 6:10am - 6:30pm
18
Hours of Operation
www.bartbus.com
24
Hours of Operation
http://www.door2doorrides.com/rates-and-hours/
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 37 of 40
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
125 North Rural St
Hartford, WI 53027
City of Hartford
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
th
2655 S. 35 Street
Manitowoc, WI 54220
City of Manitowoc
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
1004 East 1st St
Merrill, WI 54452
City of Merrill
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
30 East Eau Claire St
Rice Lake, WI 54868
City of Rice Lake
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
1515 Strongs Ave
Stevens Point, WI 54481
City of Stevens Point
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
111 S. Jefferson St
Lancaster, WI 53813
Grant County
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
505 Broadway
Baraboo, WI 53913
Sauk County
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
10610 Main, Ste 224
Hayward, WI 54843
Sawyer County
4
Hours of Operation
http://ci.hartford.wi.us/Municipal_Depts/Rec_Pages/taxi.htm
See above for Maritime Metro
Hours of Operation
http://www.manitowoc.org
7
Hours of Operation
7am-5pm, Mon-Fri http://www.ci.merrill.wi.us/index.asp?Type=B_BASIC&SEC={15F1631B9473-435E-9418-F60194DD2EBC}
7
Hours of Operation
6am-6pm, Mon-Sat
http://www.ci.rice-lake.wi.us/index.asp?Type=B_BASIC&SEC={9455A5FD-E160-4832-BC27F5D1514DF55D}
24
Hours of Operation
http://stevenspoint.com/index.aspx?nid=257
8
Hours of Operation
[email protected]
8
Hours of Operation
https://www.co.sauk.wi.us/adrcpage/transportation-services
24
Hours of Operation
http://www.webwiseplus.com/ncil/provider-detail.php?id=33
WISCONSIN DEPARTMENT OF
Transportation
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
301 West Main St
Stoughton, WI 53589
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
2151 W Washington
PO Box 285
West Bend, WI 53095
3900 County Road KW
Port Washington, WI 53074
Transit Provider (Purchaser)
Approximate Number of Safety Sensitive
Employees (all categories)
Base of Operation
735 Madison Ave.
Fort Atkinson, WI 53538
BID # 270463
Page 38 of 40
Stoughton Cab Service
10
Hours of Operation
M-F 6am-6pm, Sat. 6:30am-5pm, Sun 8am-Noon
Specialized Transport Services for the city of: Port Washington and Counties
of Ozaukee and Washington
8
Hours of Operation
M-F 6:30am-9pm, Sat 8:30am-6pm, Sun 8am-Noon
M-Sat 5am-10pm, Sun 8am-4pm
Sun Prairie Taxi for the city of: Sun Prairie
25
Hours of Operation
M-Thur 6am-11pm, Fri-Sat 6am-3am, Sun 7am-7pm
WISCONSIN DEPARTMENT OF
Transportation
BID # 270463
Page 39 of 40
ATTACHMENT K
BIDDER RESPONSE SHEET
NOTE: THIS FORM SHOULD BE RETURNED WITH YOUR BID RESPONSE SECTION NUMBERS IDENTIFIED
CORRESPOND TO THOSE SHOWN IN THE SPECIAL CONDITIONS OF BID.
YES
NO
2.1
Bidder has been in this business the required term. _____ # years
_____ ____
2.2
Bidder provided references as required.
_____
____
2.3
Bidder will comply with all requirements of DOT regulation 49 CFR Part 40 and FTA
regulation 49 CFR Part 655.
_____
____
2.4
Bidder shall have all personnel necessary to perform the required services.
____
____
2.5
Bidder submitted verifiable documentation of licenses and certifications.
____
____
3.0
Bidder will comply with specifications.
_____
____
4.0
Bidder will comply with the special terms and conditions.
____
____
5.6
Bidder has supplied all required forms and documents.
_____
____
6.4
Bidder will comply with the standard terms and conditions.
____
____
6.5
Bidder agrees to terms regarding contract cancellation.
_____
____
#E
Bidder will comply with federal contract clauses.
_____
____
#J
Bidder will provide the annual compliance report by January 30th.
_____
____
______________________________________ ____________________________________
Company Name (print or type)
Bidder’s name & title (print or type)
_____________________________________
Bidder’s Signature
____________________________________
Date
***end***
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