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RFP document


									State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:                                                         Remove from bidder list for this commodity/service. (Return this page only.)
                                                                                              Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid
   WI Dept. of Natural Resources
                                                                                              #J-051-23. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
   Attn: Rick T. House                                                                        purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in
   101 S. Webster St., FN/2                                                                   another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid
   PO Box 7921                                                                                by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and
                                                                                              clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample
   Madison, WI 53703-7921                                                                     packages or other bids. Bid openings are public unless otherwise specified. Records will be available
                                                                                              for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder
                                                                                              should contact person named below for an appointment to view the bid record. Bids shall be firm for
                                                                                              acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms
                      REQUEST FOR BID                                                         and conditions apply to any subsequent award.

                        THIS IS NOT AN ORDER                                                  Bids MUST be in this office no later than
BIDDER (Name and Address)                                                                     Wednesday, May 19, 2010 11:00 A.M. CDT
                                                                                              Name (Contact for further information)
                                                                                              Rick T. House
                                                                                              Phone                                                                     Date
                                                                                              (608) 267-7208                                                            April 9, 2010

                                                                                              Quote Price and Delivery FOB
                                                                                                            Fax bids are accepted                          Fax bids are not accepted
    Item             Quantity
     No.             and Unit
                                         The State of Wisconsin DNR, Bureau of Air Management is soliciting
                                         bids for the Procurement of the following:

1              1 to 5 Each               Self-Contained Continuous Ambient Ozone Monitors that meets United States
                                         Environmental Protection Agency (USEPA) equivalency requirements.

                                         Note: System is to meet the minimum specifications that are attached with
                                         this bid.

                                         Option to purchase additional units: this bid also provides a one year contract
                                         with two-one year renewal options.

                                         See Specifications, Special Conditions of Bid, Bid Price Sheet, and
                                         Standard Terms and Conditions. Bidders are to submit pricing on the
                                         attached Bid Price Sheet, do not include any prices on this form.

                                         Note: Questions concerning technical aspects of this bid request are to be
                                         directed to Greg Scalissi 608-264-9205
                                         Questions regarding the bid documents should be directed to Rick House
                                         608-267-7208 or email
Payment Terms         Net 30                                                                         Delivery Time See bid price sheet.
     We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
     certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W.
     Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
     We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work
     Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered
in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the
United States.
                  Yes              No             Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other
bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate
under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)                        Title                                                                         Phone         (          )
                                                                                                                                                               Fax           (          )
Signature of Above                                                               Date                              Federal Employer Identification No.                       Social Security No. if Sole
                                                                                                                                                                             Proprietor (Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
                                          Standard Terms And Conditions
                                           (Request For Bids / Proposals
                                                                                  The conditions under which price increases
1.0    SPECIFICATIONS:        The specifications in this                          may be granted shall be expressed in
       request are the minimum acceptable. When specific                          bid/proposal documents and contracts or
       manufacturer and model numbers are used, they are                          agreements.
       to establish a design, type of construction, quality,
       functional capability and/or performance level                      6.3    In determination of award, discounts for early
       desired. When alternates are bid/proposed, they                            payment will only be considered when all
       must be identified by manufacturer, stock number,                          other conditions are equal and when payment
       and such other information necessary to establish                          terms allow at least fifteen (15) days,
       equivalency. The State of Wisconsin shall be the                           providing the discount terms are deemed
       sole judge of equivalency. Bidders/proposers are                           favorable. All payment terms must allow the
       cautioned to avoid bidding alternates to the                               option of net thirty (30).
       specifications which may result in rejection of their
       bid/proposal.                                                7.0    UNFAIR SALES ACT: Prices quoted to the State
                                                                           of Wisconsin are not governed by the Unfair Sales
2.0    DEVIATIONS AND EXCEPTIONS: Deviations and                           Act.
       exceptions from original text, terms, conditions, or
       specifications shall be described fully, on the              8.0    ACCEPTANCE-REJECTION:                The State of
       bidder's/proposer's letterhead, signed, and attached                Wisconsin reserves the right to accept or reject any
       to the request. In the absence of such statement,                   or all bids/proposals, to waive any technicality in
       the bid/proposal shall be accepted as in strict                     any bid/proposal submitted, and to accept any part
       compliance with all terms, conditions, and specifica-               of a bid/proposal as deemed to be in the best
       tions and the bidders/proposers shall be held liable.               interests of the State of Wisconsin.

3.0    QUALITY:      Unless otherwise indicated in the                     Bids/proposals MUST be date and time stamped by
       request, all material shall be first quality. Items                 the soliciting purchasing office on or before the date
       which are used, demonstrators, obsolete, seconds,                   and time that the bid/proposal is due.
       or which have been discontinued are unacceptable                    Bids/proposals date and time stamped in another
       without prior written approval by the State of                      office will be rejected. Receipt of a bid/proposal by
       Wisconsin.                                                          the mail system does not constitute receipt of a
                                                                           bid/proposal by the purchasing office.
4.0    QUANTITIES: The quantities shown on this request
       are based on estimated needs. The state reserves             9.0    METHOD OF AWARD: Award shall be made to the
       the right to increase or decrease quantities to meet                lowest responsible, responsive bidder unless
       actual needs.                                                       otherwise specified.

5.0    DELIVERY: Deliveries shall be F.O.B. destination             10.0   ORDERING: Purchase orders or releases via
       freight prepaid and included unless otherwise                       purchasing cards shall be placed directly to the
       specified.                                                          contractor by an authorized agency. No other
                                                                           purchase orders are authorized.
6.0    PRICING AND DISCOUNT: The State of Wisconsin
       qualifies for governmental discounts and its                 11.0   PAYMENT TERMS AND INVOICING: The State of
       educational institutions also qualify for educational               Wisconsin normally will pay properly submitted
       discounts. Unit prices shall reflect these discounts.               vendor invoices within thirty (30) days of receipt
                                                                           providing goods and/or services have been
       6.1    Unit prices shown on the bid/proposal or                     delivered, installed (if required), and accepted as
              contract shall be the price per unit of sale                 specified.
              (e.g., gal., cs., doz., ea.) as stated on the
              request or contract. For any given item, the                 Invoices presented for payment must be submitted
              quantity multiplied by the unit price shall                  in accordance with instructions contained on the
              establish the extended price, the unit price                 purchase order including reference to purchase
              shall govern in the bid/proposal evaluation                  order number and submittal to the correct address
              and contract administration.                                 for processing.

       6.2    Prices established in continuing agreements                  A good faith dispute creates an exception to prompt
              and term contracts may be lowered due to                     payment.
              general market conditions, but prices shall not
              be subject to increase for ninety (90) calendar       12.0   TAXES: The State of Wisconsin and its agencies
              days from the date of award. Any increase                    are exempt from payment of all federal tax and
              proposed shall be submitted to the                           Wisconsin state and local taxes on its purchases
              contracting agency thirty (30) calendar days                 except Wisconsin excise taxes as described below.
              before the proposed effective date of the
              price increase, and shall be limited to fully                The State of Wisconsin, including all its agencies, is
              documented cost increases to the contractor                  required to pay the Wisconsin excise or occupation
              which are demonstrated to be industry wide.                  tax on its purchase of beer, liquor, wine, cigarettes,

Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
                                             Standard Terms And Conditions
                                              (Request For Bids / Proposals
       tobacco products, motor vehicle fuel and general                      of contractual services, not less than seventy-five
       aviation fuel. However, it is exempt from payment                     percent (75%) of the total hours of direct labor are
       of Wisconsin sales or use tax on its purchases. The                   performed by severely handicapped individuals.
       State of Wisconsin may be subject to other states'
       taxes on its purchases in that state depending on              19.0   NONDISCRIMINATION / AFFIRMATIVE ACTION:
       the laws of that state. Contractors performing                        In connection with the performance of work under
       construction activities are required to pay state use                 this contract, the contractor agrees not to
       tax on the cost of materials.                                         discriminate against any employee or applicant for
                                                                             employment because of age, race, religion, color,
13.0   GUARANTEED DELIVERY:               Failure of the                     handicap, sex, physical condition, developmental
       contractor to adhere to delivery schedules as                         disability as defined in s. 51.01(5), Wis. Stats.,
       specified or to promptly replace rejected materials                   sexual orientation as defined in s. 111.32(13m),
       shall render the contractor liable for all costs in                   Wis. Stats., or national origin. This provision shall
       excess of the contract price when alternate                           include, but not be limited to, the following:
       procurement is necessary. Excess costs shall                          employment, upgrading, demotion or transfer;
       include the administrative costs.                                     recruitment or recruitment advertising; layoff or
                                                                             termination; rates of pay or other forms of
14.0   ENTIRE AGREEMENT: These Standard Terms                                compensation; and selection for training, including
       and Conditions shall apply to any contract or order                   apprenticeship. Except with respect to sexual
       awarded as a result of this request except where                      orientation, the contractor further agrees to take
       special requirements are stated elsewhere in the                      affirmative action to ensure equal employment
       request; in such cases, the special requirements                      opportunities.
       shall apply. Further, the written contract and/or
       order with referenced parts and attachments shall                     19.1   Contracts estimated to be over twenty-five
       constitute the entire agreement and no other terms                           thousand dollars ($25,000) require the
       and conditions in any document, acceptance, or                               submission of a written affirmative action plan
       acknowledgment shall be effective or binding unless                          by the contractor. An exemption occurs from
       expressly agreed to in writing by the contracting                            this requirement if the contractor has a
       authority.                                                                   workforce of less than twenty-five (25)
                                                                                    employees. Within fifteen (15) working days
15.0   APPLICABLE LAW AND COMPLIANCE: This                                          after the contract is awarded, the contractor
       contract shall be governed under the laws of the                             must submit the plan to the contracting state
       State of Wisconsin. The contractor shall at all times                        agency for approval.          Instructions on
       comply with and observe all federal and state laws,                          preparing the plan and technical assistance
       local laws, ordinances, and regulations which are in                         regarding this clause are available from the
       effect during the period of this contract and which in                       contracting state agency.
       any manner affect the work or its conduct. The
       State of Wisconsin reserves the right to cancel this                  19.2   The contractor agrees to post in conspicuous
       contract if the contractor fails to follow the                               places, available for employees and
       requirements of s. 77.66, Wis. Stats., and related                           applicants for employment, a notice to be
       statutes regarding certification for collection of sales                     provided by the contracting state agency that
       and use tax. The State of Wisconsin also reserves                            sets forth the provisions of the State of
       the right to cancel this contract with any federally                         Wisconsin's nondiscrimination law.
       debarred contractor or a contractor that is presently
       identified on the list of parties excluded from federal               19.3   Failure to comply with the conditions of this
       procurement and non-procurement contracts.                                   clause may result in the contractor's
                                                                                    becoming declared an "ineligible" contractor,
16.0   ANTITRUST ASSIGNMENT: The contractor and                                     termination of the contract, or withholding of
       the State of Wisconsin recognize that in actual                              payment.
       economic practice, overcharges resulting from
       antitrust violations are in fact usually borne by the          20.0   PATENT INFRINGEMENT: The contractor selling
       State of Wisconsin (purchaser). Therefore, the                        to the State of Wisconsin the articles described
       contractor hereby assigns to the State of Wisconsin                   herein guarantees the articles were manufactured
       any and all claims for such overcharges as to                         or produced in accordance with applicable federal
       goods, materials or services purchased in                             labor laws. Further, that the sale or use of the
       connection with this contract.                                        articles described herein will not infringe any United
                                                                             States patent. The contractor covenants that it will
17.0   ASSIGNMENT: No right or duty in whole or in part                      at its own expense defend every suit which shall be
       of the contractor under this contract may be                          brought against the State of Wisconsin (provided
       assigned or delegated without the prior written                       that such contractor is promptly notified of such suit,
       consent of the State of Wisconsin.                                    and all papers therein are delivered to it) for any
18.0   WORK CENTER CRITERIA: A work center must                              alleged infringement of any patent by reason of the
       be certified under s. 16.752, Wis. Stats., and must                   sale or use of such articles, and agrees that it will
       ensure that when engaged in the production of                         pay all costs, damages, and profits recoverable in
       materials, supplies or equipment or the performance                   any such suit.

Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
                                            Standard Terms And Conditions
                                             (Request For Bids / Proposals
                                                                             request will be handled in accordance with
21.0   SAFETY REQUIREMENTS:              All materials,                      applicable State of Wisconsin procurement
       equipment, and supplies provided to the State of                      regulations and the Wisconsin public records law.
       Wisconsin must comply fully with all safety                           Proprietary restrictions normally are not accepted.
       requirements as set forth by the Wisconsin                            However, when accepted, it is the vendor's
       Administrative Code and all applicable OSHA                           responsibility to defend the determination in the
       Standards.                                                            event of an appeal or litigation.

22.0   WARRANTY: Unless otherwise specifically stated                        27.1   Data contained in a bid/proposal, all
       by the bidder/proposer, equipment purchased as a                             documentation      provided    therein, and
       result of this request shall be warranted against                            innovations developed as a result of the
       defects by the bidder/proposer for one (1) year from                         contracted commodities or services cannot be
       date of receipt. The equipment manufacturer's                                copyrighted or patented. All data, docu-
       standard warranty shall apply as a minimum and                               mentation, and innovations become the
       must be honored by the contractor.                                           property of the State of Wisconsin.

23.0   INSURANCE RESPONSIBILITY: The contractor                              27.2   Any material submitted by the vendor in
       performing services for the State of Wisconsin shall:                        response to this request that the vendor
                                                                                    considers     confidential    and   proprietary
       23.1   Maintain worker's compensation insurance as                           information and which qualifies as a trade
              required by Wisconsin Statutes, for all                               secret, as provided in s. 19.36(5), Wis. Stats.,
              employees engaged in the work.                                        or material which can be kept confidential
                                                                                    under the Wisconsin public records law, must
       23.2   Maintain commercial liability, bodily injury and                      be identified on a Designation of Confidential
              property damage insurance against any                                 and Proprietary Information form (DOA-3027).
              claim(s) which might occur in carrying out this                       Bidders/proposers may request the form if it
              agreement/contract. Minimum coverage shall                            is not part of the Request for Bid/Request for
              be one million dollars ($1,000,000) liability for                     Proposal package.          Bid/proposal prices
              bodily injury and property damage including                           cannot be held confidential.
              products liability and completed operations.
              Provide motor vehicle insurance for all                 28.0   DISCLOSURE: If a state public official (s. 19.42,
              owned, non-owned and hired vehicles that                       Wis. Stats.), a member of a state public official's
              are used in carrying out this contract.                        immediate family, or any organization in which a
              Minimum coverage shall be one million                          state public official or a member of the official's
              dollars    ($1,000,000)     per     occurrence                 immediate family owns or controls a ten percent
              combined single limit for automobile liability                 (10%) interest, is a party to this agreement, and if
              and property damage.                                           this agreement involves payment of more than three
                                                                             thousand dollars ($3,000) within a twelve (12)
       23.3   The state reserves the right to require higher                 month period, this contract is voidable by the state
              or lower limits where warranted.                               unless appropriate disclosure is made according to
                                                                             s. 19.45(6), Wis. Stats., before signing the contract.
24.0   CANCELLATION:            The State of Wisconsin                       Disclosure must be made to the State of Wisconsin
       reserves the right to cancel any contract in whole or                 Ethics Board, 44 East Mifflin Street, Suite 601,
       in part without penalty due to nonappropriation of                    Madison, Wisconsin 53703 (Telephone 608-266-
       funds or for failure of the contractor to comply with                 8123).
       terms, conditions, and specifications of this contract.
                                                                             State classified and former employees and certain
25.0   VENDOR TAX DELINQUENCY: Vendors who                                   University of Wisconsin faculty/staff are subject to
       have a delinquent Wisconsin tax liability may have                    separate disclosure requirements, s. 16.417, Wis.
       their payments offset by the State of Wisconsin.                      Stats.

26.0   PUBLIC RECORDS ACCESS: It is the intention of                  29.0   RECYCLED MATERIALS: The State of Wisconsin
       the state to maintain an open and public process in                   is required to purchase products incorporating
       the solicitation, submission, review, and approval of                 recycled materials whenever technically and
       procurement activities.                                               economically feasible. Bidders are encouraged to
                                                                             bid products with recycled content which meet
       Bid/proposal openings are public unless otherwise                     specifications.
       specified. Records may not be available for public
       inspection prior to issuance of the notice of intent to        30.0   MATERIAL SAFETY DATA SHEET: If any item(s)
       award or the award of the contract.                                   on an order(s) resulting from this award(s) is a
                                                                             hazardous chemical, as defined under 29CFR
27.0   PROPRIETARY INFORMATION: Any restrictions                             1910.1200, provide one (1) copy of a Material
       on the use of data contained within a request, must                   Safety Data Sheet for each item with the shipped
       be clearly stated in the bid/proposal itself.                         container(s) and one (1) copy with the invoice(s).
       Proprietary information submitted in response to a

Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
                                           Standard Terms And Conditions
                                            (Request For Bids / Proposals
31.0   PROMOTIONAL           ADVERTISING         /   NEWS
       RELEASES: Reference to or use of the State of
       Wisconsin, any of its departments, agencies or
       other subunits, or any state official or employee for
       commercial promotion is prohibited. News releases
       pertaining to this procurement shall not be made
       without prior approval of the State of Wisconsin.
       Release of broadcast e-mails pertaining to this
       procurement shall not be made without prior written
       authorization of the contracting agency.

32.0   HOLD HARMLESS: The contractor will indemnify
       and save harmless the State of Wisconsin and all of
       its officers, agents and employees from all suits,
       actions, or claims of any character brought for or on
       account of any injuries or damages received by any
       persons or property resulting from the operations of
       the contractor, or of any of its contractors, in
       prosecuting work under this agreement.

33.0   FOREIGN CORPORATION: A foreign corporation
       (any corporation other than a Wisconsin
       corporation) which becomes a party to this
       Agreement is required to conform to all the
       requirements of Chapter 180, Wis. Stats., relating to
       a foreign corporation and must possess a certificate
       of authority from the Wisconsin Department of
       Financial Institutions, unless the corporation is
       transacting business in interstate commerce or is
       otherwise exempt from the requirement of obtaining
       a certificate of authority. Any foreign corporation
       which desires to apply for a certificate of authority
       should contact the Department of Financial
       Institutions, Division of Corporation, P. O. Box 7846,
       Madison, WI 53707-7846; telephone (608) 261-

34.0   WORK CENTER PROGRAM:                The successful
       bidder/proposer shall agree to implement processes
       that allow the State agencies, including the
       University of Wisconsin System, to satisfy the
       State's obligation to purchase goods and services
       produced by work centers certified under the State
       Use Law, s.16.752, Wis. Stat. This shall result in
       requiring the successful bidder/proposer to include
       products provided by work centers in its catalog for
       State agencies and campuses or to block the sale
       of comparable items to State agencies and

35.0   FORCE MAJEURE: Neither party shall be in
       default by reason of any failure in performance of
       this Agreement in accordance with reasonable
       control and without fault or negligence on their part.
       Such causes may include, but are not restricted to,
       acts of nature or the public enemy, acts of the
       government in either its sovereign or contractual
       capacity, fires, floods, epidemics, quarantine
       restrictions, strikes, freight embargoes and
       unusually severe weather, but in every case the
       failure to perform such must be beyond the
       reasonable control and without the fault or
       negligence of the party.

                                 SPECIAL CONDITIONS OF BID
                                        RFB No. J-051-23
                        Self-Contained Continuous Ambient Ozone Monitors

1. Subject: The Department of Natural Resources requests bids for one (1) to five (5) Self-Contained
   Continuous Ambient Ozone Monitors as shown on the Specifications included in this bid. The agency plans
   to purchase one (1) to five (5) monitors at this time, contingent upon need and available funding, see item No.
   2 “Contract Term”. There is potential for future purchases. All correspondence regarding this bid must refer
   to bid #J-051-23. After an award is made any correspondence, documents, price lists, etc., concerning this
   contract must include this bid number and must be sent to the DNR Purchasing Office to be acknowledged.

2. Contract Term: One year with options to renew for two (2) additional one (1) year periods.

3. Contract Extensions: This contract is subject to two one-year optional extensions. These are not automatic
   extensions. Contract will be reviewed before a decision is made. Any extension must be by mutual
   agreement of both parties.

4. Firm Prices: Pricing must remain firm for the initial contract period. Any price increases after the initial
   contract period must be received in writing and approved by the DNR Purchasing Department 30 days prior
   to the beginning of a following contract period.

5. Bidder Qualifications: Bidders must be a manufacturer, or an authorized distributor or dealer with service
   and repair capabilities for the equipment as specified.

6. F.O.B. Destination: Equipment is to be delivered to the attention of Greg Scalissi at 2801 Progress Rd
   Madison WI, 53716, FOB Destination, with all operating instructions, operating manuals, and maintenance
   manuals furnished to DNR personnel. Bid prices are to include all shipping, packing, insurance, instructional,
   and manual charges, as well as any duties or custom clearance charges.

7. Specifications: The specifications shown on the attached are the minimum acceptable specifications of the
   equipment desired. Any equipment bid must be clearly identified by manufacturer and model or stock
   number, and adequate detailed product information must be furnished to support conformity to specifications.
   The Department will be the sole judge of acceptability and conformance to specifications.

8. Method of Bid: Bidders must submit their Unit Cost and Extended Cost for the equipment specified on the
   attached Bid Price Sheet. Bidders should also show the expected delivery date. Include on your response the
   bid number (RFB No. J-051-23), date and time of bid opening, and in large letters “SEALED BID

9. Bid Opening: The bid opening will take place at 101 S. Webster Street, Madison, WI 2nd floor in
   conference room 223, on Wednesday, May 19, 2010, 11:00 AM CDT.

10. Faxed Bids will be Accepted:

    Faxed bids shall be sent to the Department in the following manner:

    Faxed bid responses will have a facsimile transmission cover letter. This letter will include:

        Date
        Agency fax number (608-264-6277)
        Agency name (DNR)
        Agency contact person and telephone number (Rick T. House, 608-267-7208)
        Bid Number (RFB No. J-051-23)
        Bidder fax number (if available)
        Bidder name
        Bidder contact person and telephone number
        Number of pages (including cover) being transmitted

    Faxed replies to bid requests will be signed. Each page will be initialed and numbered "page 1 of 5, page 2 of
    5," etc.

    Faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission must be
    completed prior to the bid opening due date and time.

11. Method of Award: Award will be made to the lowest responsive responsible bidder based on the lowest Unit
    Cost as submitted on the Bid Price Sheet and meets the specifications. Bidders are directed to use the attached
    Bid Checklist as a tool to help them submit a complete package.

12. How to get on the State of Wisconsin’s VendorNet: Vendors are directed to the State of Wisconsin’s
    computerized vendor information system, ”VendorNet”, for additional electronic copies of this bid package,
    and for information on receiving automatic notification of all state agency procurements over $25,000 in a
    vendors particular area of interest. The web address for VendorNet is If there is
    a need to solicit bids for additional equipment upon the completion of the contract initiated by this
    procurement, only vendors registered with “VendorNet” will receive automatic notification of the bid. Your
    firms’ receipt of this bid in the mail does not guarantee receipt of future bids for these services.

13. Minority Business (MBE) requirements: The State of Wisconsin is committed to the promotion of minority
    business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with
    certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and
    560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business
    in the state's purchasing program. The State of Wisconsin policy provides that minority-owned business
    enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development
    should have the maximum opportunity to participate in the performance of its contracts. The
    supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to
    minority-owned business enterprises or by using such enterprises to provide goods and services incidental to
    this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

14. 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.

                                          BID PRICE SHEET
                                           RFB No. J-051-23
                           Self-Contained Continuous Ambient Ozone Monitors

NOTE: This form must be used to submit your bid. Fill it out completely and return it along with a completed
Vendor Information Form and a Request for Bid Form. Do not put prices on the Request for Bid Form; fill in the
bottom half of that form only. All prices are to include the cost of delivery.

ITEM DESCRIPTION                                            UNIT (1) COST          EXTENDED COST for (5) Units

(1 to 5) Self-Contained Continuous Ambient Ozone
         Monitors                                           $________________      $___________________

Expected Delivery Date:

Company Name & Address: _____________________________________________________







                                              RFB No. J-051-23
                             Self-Contained Continuous Ambient Ozone Monitors

A.     General Specifications for Self-Contained Continuous Ambient Ozone Monitor

       Required for Purchase: A self-contained monitor capable of continuously monitoring ambient air for ozone.
       The Department plans on purchasing one to five (1 to 5) units contingent upon need and available funding.
       The instruments bid must meet the following requirements and specifications:


     1. Method of analysis must be a "designated reference" or "equivalent" method in accordance with Federal
        Register, 40 CFR Part 53 "40 FR 7049, 18 February 1975). The analyzer shall display a label or sticker
        indicating the reference designation number assigned by USEPA.

     2. Method of analysis - ultra violet absorption. A 254 nm UV light signal shall be passed through the sample cell
        where it is absorbed in proportion to the amount of ozone present. Every 3 seconds, a switching valve shall
        alternate measurement between the sample stream and a sample that has been scrubbed of ozone. The result is
        a true, stable ozone measurement.

     3. Analysis specific to ozone.

     4. Linear response through full range.

     5. Totally self-contained in one separate unit. Unit shall be equipped with rack mountable slide rails (standard
        19" rack mounts).

     6. Unit must be micro-processor controlled, with system diagnostics.

     7. Internal Zero/Span with optical detector feedback control. Internal Zero/Span with generator span drift
        <1%/month. Performs 3-point Internal Zero/Span with precision point.

B.     System Specifications

     1. The power required to operate the unit shall be 115 volt AC, 60 HZ. All functions shall perform within
        specifications at any line voltage from 105 to 125 volts AC.

     2. The vendor shall guarantee the availability of all replacement parts or comparable substitutes for a period of
        not less than 7 years after the last comparable model was produced.

     3. Where only one unit is purchased, the unit shall be supplied with two complete operation manuals
        containing a general description of the instrument functions and components, complete and specific operating
        instructions, necessary maintenance instructions, complete replacement parts list showing manufacturers and
        locations, commercial identification and cost of all spare parts, a high mortality parts list, complete detailed
        wiring and schematic diagrams noting test points and voltages, troubleshooting procedures, detailed removal
        and reinstallation instructions for components subject to replacement and a list of all fuses and replacement
        fuse ratings.

         Where two or more units are purchased the number of manuals should equal one more than the number
         of instruments.

C.     Design and Performance Specifications
Analyzer Section:

      Measurement Method: Microprocessor controlled Ultraviolet absorption.

      Measurement Method must have an EPA equivalency number.

      Power: 105-130 VAC, 60 Hz.

      Ranges: 0-100 ppb to 0-10 ppm, user selectable; Dual ranges and auto-ranging supported.

      Lower Detectable Limit: Less than .6 ppb. (RMS).

      Noise: Less than 0.3 ppb. (RMS) for zero and Less than 0.5% of reading above 100 ppb (RMS) for span.

      Precision: .5% of Reading.

      Linearity: 1% of full scale.

      Zero Drift: <1.0 ppb/24 hrs.
                  <1.0 ppb/7 days.

      Span Drift: <1% of reading/7days.

      Rise and Fall time (to 95%) : <20 seconds.
                         Lag time: <10 seconds.

      Outputs: Three (3) minimum, two data concentration and selectable test channel output, bipolar
               independently selectable for ± 100 mv, ± 1 V, ± 5 V, ± 10 V.

      Shall have capability of offsetting recorder from analyzer ± 10% of full scale range.

      Single Cell, Single Pass design (no alignment or "Balancing" shall be required). Optical bench lamp
      shall be temperature controlled.

      An inline particulate filter shall be included. Filter shall be front panel accessible with ability to view
      filter condition without disassembly.

      Flowrate through the analyzer to be displayed with front panel display. Equipped with Critical Flow
      Orifire flow controller.

      Measurement shall be temperature and pressure compensated.

      Analyzer must be US EPA Equivalent from 5C to 40C.

      Unit to be supplied with a complete instruction and maintenance manual.

      Warranty shall be one year, parts and labor including one year warranty on ozone scrubber.

      Shall contain ability to view last 100 hourly averages.

      Software shall be in non-volatile memory.

      Set-up parameters shall be stored in non-volatile memory.

     Shall provide Diagnostic warning messages in case of out of tolerance of:
            System Reset
            Analyzer UV Lamp Intensity
            IZS UV Lamp Intensity
            IZS Flow
            Sample Flow
            Sample Pressure
            Sample Temp
            Chassis Temp
            IZS Lamp Temp
            Analyzer Lamp Temp

     Test function shall provide reading of:
            Analyzer Detection Measure Reading
            Analyzer Detection Reference Reading
            IZS Lamp Intensity
            Sample Pressure
            Sample Flow and Temp
            Analyzer Lamp Intensity
            IZS Lamp Temp
            Chassis Temp
            Power Supply Operation
            Selectable Test Function Channel on analog output allows test parameters to be sent to chart

Internal Ozone Generator:

     Built into analyzer. Internal ozone generator shall be capable of internal software-controlled self

     Temperature and current controlled lamp. Shall automatically measure and correct the lamp intensity
     through the microprocessor controlled feedback loop.

     Output: Up to 1 ppm at normal generator flowrate.

     Stability: 1% of reading/30 days.

     Shall have the ability to set required concentration directly in ppb from the front panel.

     Shall provide a response time to 98% of final stable reading within 5 minutes.

     It shall be possible to initiate this ozone generation cycle by any of the following methods:
             Front panel menu selection
             Remote control closure
             Internal self timer
             Remote RS232 command

RS232 and Status Output:

     Shall provide bi-directional RS232 interface capability to accommodate both printers and host

     Any function that can be accomplished from keyboard shall be capable of being performed through the


          RS232 message types shall include:
               DAS Reports (R)
               Warning Messages
               Analyzer Control/Status Reports
               Diagnostics Commands/Reports
               Test Measurements
               Instrument Variables: Monitoring/Modifying

          Status output shall provide isolated contact closures for zero cal, span cal, flow, temperature, warning,
          and when in diagnostic mode.

E.   Contract Conditions

     1.   The vendor shall provide start-up service for a period of 1-2 days upon delivery of the instrument. At
          the end of this period, the instrument shall be completely operational as per Design and Performance
          Specifications (Sec. C above). Start-up service shall include training of DNR operators in the routine
          maintenance tasks necessary for the instrument operation. This would require a visit of a factory
          representative to Wisconsin DNR to perform at least a one day training course for DNR staff. DNR will
          pay for travel costs (transportation, meals, lodging). These services will only be required for the initial
          order of 5 units specified in this bid. If the Department elects to purchase additional units after the initial
          order, these services will not be necessary.

     2.   The vendor shall negotiate the delivery of their instruments with the Wisconsin DNR. With each
          instrument delivered, the vendor shall assure that each monitor is affixed with an EPA Designation
          Sticker, that the equipment is operating properly, and that it will pass DNR "PERFORMANCE

     3.   The Wisconsin DNR will perform a 60 day evaluation of each instrument to determine compliance or
          noncompliance with performance specifications. Such evaluation will begin on receipt of the instrument
          by DNR, subject to paragraphs 1 and 2 above. In addition, the monitors must provide 95% of all hourly
          averages of the pollutant concentration (with the instrument performing within the limits of the purchase
          specifications) during this period; provided that the monitor is operated in accordance with the
          manufacturers operating manual and provided there is no power interruption.

     4.   In the event of noncompliance with performance specifications, the vendor will, within 30 days, repair
          and report any changes made, as well as any resulting change in performance. If more than two
          performance testing periods are required, acceptance of the unit will be the prerogative of DNR. If the
          instrument must be returned to the vendor for repair before acceptance, shipping charges shall be paid by
          the vendor. No modifications may be made which have not been authorized by USEPA as a condition
          of approval as a reference or equivalent monitor.

     5.   Payment by DNR will be forthcoming after each instrument has satisfactorily passed the acceptance tests
          covered in the purchase order.

     6.   The instruments shall be warranted by the vendor to meet DNR specifications, and warranted against
          faulty materials and workmanship, for a period of at least two (2) years from date start-up is completed;
          except that the CPU shall be warranted for five (5) years.

     7.   The vendor shall provide a copy of the warranty to DNR no later than the date the equipment is certified
          as operational (see step 2 above). The warranty will include the date of initial coverage and the date of

8.    The vendor shall warrant, for at least 1 year, either on-site repairs within 72 hours, or factor repairs, after
      notification of instrument failure - such warranty not to include regular maintenance requirements
      demonstrated in start-up training or malfunctions induced by the operator. If the instruments must be
      returned to the factory, the manufacturer must provide within 72 hours of receipt the repaired instrument.

9.    For at least one year following the date start-up is completed, the vendor shall warrant that the period or
      periods each instrument is inoperable will not exceed a total of 30 days. Each inoperable period shall
      begin when the vendor is notified by DNR of instrument failure and continuing until the instrument is
      again operating within specifications. Such warranty does not include malfunctions induced by the
      operator, nor when forces beyond the control of the vendor cause a delay in operation greater than 30

10.   Any exception to DNR bid specifications shall be explained by the vendor in writing. The explanation
      shall include the extent of the deviation and the reason for it.

11.   Bid prices must be shown on the "BID PRICE SHEET".

STATE OF WISCONSIN                                                                      Bid / Proposal #    J-051-23
DOA-3477 (R05/98)
                                                                                   Commodity / Service      AMBIENT OZONE MONITOR

     Phone      (     )                                                    Toll Free Phone          (       )

     FAX        (     )                                                    E-Mail Address


     City                                                                  State                  Zip + 4

2.   Name the person to contact for questions concerning this bid / proposal.
     Name                                                                 Title

     Phone      (     )                                                         Toll Free Phone         (       )

     FAX        (     )                                                         E-Mail 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
     Name                                                               Title

     Phone      (     )                                                         Toll Free Phone         (       )

     FAX        (     )                                                         E-Mail 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        (     )                                                         E-Mail Address


     City                                                                  State                  Zip + 4

5.   CEO / President Name

                          This document can be made available in accessible formats to qualified individuals with disabilities.

                                                    BID CHECKLIST
                                                     RFB No. J-051-23

Bidders are to complete, sign and return the following forms. Use the list below to check off the items as they are completed
and as a mailing check list. A complete bid package must contain all the items.

1.   ______ DOA-3070, Request for Bid Form (signed)

2.   ______ Bid Price Sheet (signed)

3.   ______ DOA-3477, Vendor Information form

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