BIDS MUST BE SEALED AND ADDRESSED TO: State of Wisconsin DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO: State of Wisconsin DOA-3070 (R08/2003)
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
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
#EB-3321 Late bids will be rejected. Bids MUST be date and time stamped by the soliciting
purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in
another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a
bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly
and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with
sample packages or other bids. Bid openings are public unless otherwise specified. Records will
be available for public inspection after issuance of the notice of intent to award or the award of the
contract. Bidder should contact person named below for an appointment to view the bid record.
Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise
noted. The attached terms and conditions apply to any subsequent award.
EDWARD BRADLEY/PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
3099 E WASHINGTON AVENUE
P.O. BOX 7991
MADISON WI 53707 7991
REQUEST FOR BID
Bids MUST be in this office no later than
THIS IS NOT AN ORDER
BIDDER (Name and Address)
December 16, 2011 3:00 PM CT
Name (Contact for further information)
Edward Bradley
Phone
Date
608-240-5572
November 30,2011
Quote Price and Delivery FOB
Destination
Item
No.
Quantity
and Unit
Fax bids are not accepted
Price
Per Unit
Description
Total
The Department of Corrections, Bureau of Health
Services is Requesting bids for Zelboraf conditions and
specifications.
1
120 -ct bottle
240mg Tablets
Total Price
$____________
Bid prices must include all packing, freight and insurance
costs
Before submitting this bid be sure to include all
requirements
listed in Section 2.4 and 8.
Payment Terms Net 30
Delivery Time: per specifications
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
Signature of Above
Date
Phone
(
)
Fax
(
)
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 2 of 22
STATE OF WISCONSIN
REQUEST FOR BID (RFB) # EB-3321
FOR: RFB Zelboraf
TABLE OF CONTENTS
DEFINITIONS
1.0
INTRODUCTION, PURPOSE, AND SCOPE
2.0
BID PROCEDURE
3.0
BID ACCEPTANCE, EVALUATION AND AWARD
4.0
TECHNICAL REQUIREMENTS
5.0
PERFORMANCE REQUIREMENTS
6.0
SUPPORT REQUIREMENTS
7.0
STANDARD TERMS AND CONDITIONS
8.0
REQUIRED FORMS AND ATTACHMENTS
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 3 of 22
DEFINITIONS:
The following definitions are used throughout the bid:
ARO:
After Receipt of Order
BCE:
Bureau of Correctional Enterprises
BSL:
Badger State Logistics
Bidder:
Firm submitting a bid in response to this Request for Bid
Contractor:
Successful vendor awarded the contract
DAI:
Division of Adult Institutions, administration of all state correctional incarceration facilities except those
Juvenile facilities operated by Division of Juvenile Corrections – headquartered at DOC Central
Offices, 3099 E Washington Ave., Madison, WI
DCC:
Division of Community Corrections, supervises offenders outside secure facilities
DJC:
Division of Juvenile Corrections, operates the three correctional ‘schools’ – headquartered at DOC
Central Offices, 3099 E Washington Ave., Madison, WI
DOA:
Department of Administration has statutory authority [WI Stats. Chapter 16] to define, regulate and
delegate all aspects of procurement of commodities and services for state agencies.
DOC:
Department of Corrections, also referred to as the department or the DOC – headquartered at DOC
Central Offices, 3099 E Washington Ave., Madison, WI
MBE:
Minority Business Enterprise
Offender:
Person under the custody or supervision of the Wisconsin Department of Corrections
P-Card:
Procurement Card (State credit card)
Purchasing: Department of Corrections’ Purchasing Services Section
RFB:
Request for Bid
State:
State of Wisconsin
Vendor:
Firm submitting a bid in response to this Request for Bid
WCCS:
Wisconsin Correctional Center System, a system of small minimum security centers located around
the state which offer work-release options to offenders to prepare them for release
WWCS:
Wisconsin Women’s Correctional System
Must:
Requirement is mandatory
Shall:
Requirement is mandatory
Should:
Desired but not mandatory
RFB # EB-3321
RFB Name: Zelboraf
1.0
Due Date: Dec 16, 2011
Page 4 of 22
INTRODUCTION, PURPOSE, AND SCOPE
1.1
PURPOSE OF THIS REQUEST FOR BID
The Department of Corrections, hereinafter referred to as the "DOC", through its Purchasing Services
Section, hereinafter referred to as "Purchasing," on behalf of Bureau of Health Services hereinafter
referred to as "BHS," requests bids for the purchase of Zelboraf.
Other State agencies may use the resulting contract, if agreeable to both the DOC and the vendor, to obtain
the benefits of volume purchases and/or reduction in administrative expenses.
1.2
CONTRACT TERM
The resulting contract shall be effective on the date of execution, which shall be the date signed by the
Secretary of the Department of Corrections. The contract period shall be for one year from execution of
the contract by the Department and shall expire on the last day of that month. Two, one-year renewals
are authorized by mutual consent. Renewals will execute automatically unless the Contractor takes action
and notifies the DOC, in writing, of their desire to modify the terms or terminate the contract at least (60)
sixty days prior to the deadline date.
Renewal(s) beyond the initial contract term is contingent upon the performance of the contractor during
the contract period and upon availability of funds.
1.3
EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and
revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the DOC and
the contractor shall become part of the contract. Failure of the successful bidder to accept these as a
contractual agreement may result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts or disputes.
Standard Terms and Conditions (Form DOA-3054);
Final Signed Contract
Official State of Wisconsin Purchase Order
Bidder’s written bid document
State of Wisconsin Request for Bid, including any amendments;
Other exhibits/attachments
Successful Bidder(s) should retain a copy of this DOC Request for Bid document and their own response
to the RFB solicitation, as it becomes part of the awarded contract.
1.4
CANCELLATION AND TERMINATION
This Contract may be terminated for the following conditions:
1.4.1
The DOC may terminate the Contract at any time, with or without cause and without penalty by
delivering thirty (30) days written notice to the Contractor.
1.4.2
The DOC has a Vendor Performance Evaluation process for soliciting feed-back from contract
users about vendor performance and compliance with contract specifications.
Vendor
noncompliance with the terms, conditions or specifications that is persistent and/or significantly
impacts the quality and performance provided pursuant to the contract may be considered breach
of contract. Negative Vendor Performance Evaluation Surveys may result in non-renewal or
termination of contract.
1.4.3
If at any time the Contractor performance threatens the health and/or safety of the DOC, the DOC
has the right to cancel and terminate the Contract without notice.
1.4.4
Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for
Contract termination. If the Contractor fails to maintain and keep in force the insurance as
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 5 of 22
provided in #23 of the Standard Terms and Conditions, the DOC has the right to cancel and
terminate the Contract without notice.
1.5
1.4.5
If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not
dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed
and such appointment is not vacated within 90 calendar days, the DOC has the right, in addition to
any other rights of whatsoever nature that it may have at law or inequity, to terminate the Contract
by giving 10 calendar days notice in writing of such termination.
1.4.6
Failure of the DOC to comply with contract terms, conditions or specifications shall provide the
sole cause for which the Contractor is entitled to terminate the contract. The Contractor shall notify
the Department in writing within thirty (30) days after the Contractor becomes aware of the alleged
noncompliance with a complete description of the same. If the DOC does not, within forty-five (45)
days after its receipt of the Contractor’s notice, either (1) effect a cure or (2) if the noncompliance
is not one that can reasonably be cured within forty-five (45) days, develop a plan to cure the
noncompliance and diligently proceed according to that plan until a cure is effected, then the
Contractor may terminate the Contract for cause by written notice to the DOC. The Contractor may
not terminate the Contract without cause unless express written consent to do so is provided by
the DOC.
VENDORNET REGISTRATION
Department of Administration and State Bureau of Procurement policies no longer require maintenance of
bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to
post solicitations for bids/proposals in the Legal Notices of the Official State Newspaper. Vendors who fail
to register with VendorNet may not receive notification of procurement solicitations.
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell to the state. Anyone may access VendorNet on the
Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies,
commodities and services that the state buys, and tips on selling to the state. Vendors may use the same
Web site address for inclusion on the bidders list for commodities and services that the organization wants
to sell to the state. A subscription with notification guarantees the organization will receive an e-mail
message each time a state agency, including any campus of the University of Wisconsin System, posts a
request for bid or a request for proposal in their designated commodity/service area(s) with an estimated
value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly,
state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also
receive e-mail notices of these simplified bid opportunities.
To obtain information on the state’s bidder registration, visit the VendorNet Web site at
http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison
area, call 608-264-7898.
Make sure to select all the appropriate NIGP (Commodity) Codes. Bid lists are generated by NIGP codes.
Consider using a generic email address that is accessed or delivered to multiple recipients (example:
[email protected]). This will insure that the bid notice is received.
2.0
BID PROCEDURES AND INSTRUCTIONS
2.1
REASONABLE ACCOMMODATIONS
The DOC will provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with disabilities upon request. If accommodations at a bid
opening/vendor conference are needed, contact Edward Bradley via telephone at 608-240-5572 or email
at [email protected]
RFB # EB-3321
RFB Name: Zelboraf
2.2
Due Date: Dec 16, 2011
Page 6 of 22
BID SUBMITTAL
Bidders must submit an original, marked as such, and 1 copy of all materials required (see section
2.4 and 8) for acceptance of their bid. Receipt of a bid by the State mail system does not
constitute receipt of a bid by the Purchasing Services Section, for purposes of this RFB. Use one
of the options below for return of the bid.
The Bid(s) must be received at the Purchasing Services Section, at the office listed below, no later than
December 16, 2011 3:00 PM Central Time. Any bids received after that time and date will be rejected.
USPS ADDRESS
EDWARD BRADLEY/ PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
PO BOX 7991
MADISON WI 53707 7991
COMMON CARRIER ADDRESS
EDWARD BRADLEY/PURCHASING SERVICE
DEPARTMENT OF CORRECTIONS
3099 EAST WASHINGTON AVE
MADISON WI 53704 4338
FAXING: Faxed bids are NOT accepted.
E-MAILING: Emailed bids are NOT accepted.
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor’s Name and Address
Request for Bid Title
Request for Bid Number
Bid Due Date
2.3
CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be
completed. In the event that the State finds it necessary to change any of these dates and times it will do
so by issuing an amendment to this RFB, unless the event is listed as estimated or approximate
DATE
Nov 30, 2011
Dec 16, 2011
Dec 20, 2011
Dec 21, 2011
2.4
EVENT
RFB posting date
Bids due from vendors
Estimated award date
Approximate Contract Start date
FORMAT OF BID
Responses to this RFB must comply with the following format requirements (reference Section 8):
2.4.1
SIGNED REQUEST FOR BID FORM DOA-3070– Cover sheet of this RFB
Include here the signed Request for Bid form included with the bid and those certifications required
for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the
vendor's organization who is responsible for the decision as to the prices being offered in the bid or
by a person who has been authorized in writing to act as agent for the person responsible for the
decision on prices.
2.4.2
COST SUBMITTAL INFORMATION
Bidders must submit cost on the Request for Bid form (DOA-3070), complete and sign, a total for
the item Cost must include packing, freight and insurance. All costs to furnish the product(s)
included in the bid, in accordance with the terms and conditions of this RFB, must be included.
2.4.3
VENDOR INFORMATION DOA-3477
Provide proper contact information as requested on the form.
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 7 of 22
2.4.4
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION DOA-3027
Information submitted as part of the bid document which is proprietary and confidential in nature
and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records
Law – Section 19.36(5), Wis. Stats. Complete and sign the attached form.
2.4.5
WISCONSIN’S COOPERATIVE PURCHASING SERVICE DOA-3333
Vendors are encouraged to extend the contract resulting from this RFB to local governments in
Wisconsin. Indicate your willingness to allow Wisconsin municipalities to participate in this
contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing.
2.4.6
VENDOR REFERENCE DOA-3478
Complete the Vendor Reference form with four vendors that your company has done business
with providing product/ services. Include the company name, address, contact person and
telephone number along with a brief description of the product.
2.4.7
STATE OF WISCONSIN TERMS AND CONDITIONS DOA-3054
The standard terms and conditions shall govern this RFB and subsequent award. Vendors must
accept these terms and conditions or submit point-by-point exceptions along with proposed
alternative or additional language for each point, including any vendor contracts.
Submission of any standard vendor contracts as a substitute for language in the terms
and conditions is not a sufficient response to this requirement and may result in rejection
of the vendor's proposal. The State reserves the right to negotiate contractual terms and
conditions other than those in the State of Wisconsin Contract when it is in the best interest of the
State to do so.
2.5
MULTIPLE BIDS
Multiple bids from a vendor will be permissible; 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.
2.6
INCURRING COSTS
The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this
RFB.
2.7
QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT
All communications and/or questions regarding this request must be written and submitted via FAX, email, USPS mail or hand delivery to the Purchasing Services Section.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in
this RFB, they have five (5) business days after the bid posting date to notify, in writing, Edward Bradley
at the address shown below of such error and request clarification of the RFB document. All written
questions will be responded to in writing and provided to all bidders.
EDWARD BRADLEY / PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
PO BOX 7991
MADISON WI 53707-7991
[email protected]
Fax: 608-240-3342
From the date of release of this RFB through the entire RFB process, all contacts with the DOC regarding
this RFB shall be made through the Purchasing Services Section. Violation of this condition may be
considered sufficient cause for rejection of a bid, irrespective of any other considerations.
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 8 of 22
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFB, amendment(s) will be posted on VendorNet.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any
amendment(s) thereof.
3.0
BID ACCEPTANCE, EVALUATION AND AWARD
3.1
BID OPENING
Bids will be opened on the date and time indicated on the Request for Bid Form (DOA-3070) at 3099 East
Washington Ave. Madison, WI 53704 Purchasing Services Section room. Names of the bidders shall be
read aloud at that time.
3.2
BID ACCEPTANCE
Bids which do not comply with instructions or are unable to comply with specifications contained in this
RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept
or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge
as to compliance with the instructions contained in this RFB.
3.3
BID EVALUATION
Bids will be evaluated by the DOC's Edward Bradley and program manager to verify that they will meet all
specified requirements in this RFB. This verification may include requesting reports on the vendor's
financial stability, conducting demonstrations of the vendor's proposed product(s), and reviewing results of
past awards to the vendor by the State of Wisconsin.
FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY THE BID. However, if no
bidder is able to comply with a given requirement, condition of bid or provide a specific item, Purchasing
Services reserves the right to delete that requirement, condition of bid or item.
3.4
METHOD OF AWARD
Award shall be made on the basis of the lowest total price, from a responsive, responsible bidder
meeting bid specifications and requirements, which is judged to be in the best interest of the DOC.
The DOC reserves the right to accept or reject any and all bids in whole or in part. Bids that state the
DOC shall guarantee a specific quantity or dollar amount will be disqualified.
In the event of bidder error in calculation, bidder is excluded.
If a responsive, responsible State qualified work center meets the fair market price and other work center
program criteria, the award will be made to the work center (Wisconsin State Statute 16.752).
3.5
4.0
MINORITY BUSINESS ENTERPRISE
Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference
in accordance with Wis. Stats. s. 16.75(3m).
TECHNICAL REQUIREMENTS
No alternates will be accepted.
No revisions to this bid may be made unless in the form of an official addendum issued by the DOC,
Purchasing Services Section.
4.1.
QUALIFICATIONS
Bidder must be in the business of providing specialty pharmaceutical products and must have done so for
the past three years.
Bidder shall submit documentation of being in the business
RFB # EB-3321
RFB Name: Zelboraf
4.2
Due Date: Dec 16, 2011
Page 9 of 22
F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED (vendor responsible for freight costs)
Delivery will be made by common carrier or bidder’s truck, with unloading to be performed by the
carrier/bidder and carton(s) transported to the interior/ground floor or inside dock at BHS Central
Pharmacy, 208 West Street, Waupun, WI 53963. Bid prices must include all packing, freight, insurance
charges.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified
on the cover sheet DOA-3070. This cost will be added to the bid total for determining the award.
Failure to bid F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may
disqualify the bid.
4.3
DOC DELIVERY REQUIREMENTS
Delivery of orders may only be made to DOC Institutions Monday through Friday, during the hours of
8:00am to 2:30pm. No weekend or State holiday deliveries.
Packing: Each package of goods shall be delivered in standard containers so constructed as to ensure
acceptance by common or other carriers for safe transportation at the lowest rate to the point of
destination.
Preparation for Delivery – Commercial packages will be acceptable. Items shall be packed in substantial
containers, so constructed as to ensure acceptance by common or other carriers for safe transportation,
at lowest rate, to the point of delivery. If at all possible, packaging that can be returned or is recyclable or
made from recycled materials should be used. The shipping containers shall be marked with the name of
the material, size, type and quantity contained therein, name of contractor, and the purchase order
number.
Marking – Each carton/case must be clearly marked with the product, style number, product type, size and
color.
Delivery ticket will be in duplicate. All delivery tickets will be signed by DOC personnel who have checked
order copy against delivery ticket. Delivering personnel will retain one copy of signed delivery ticket for
billing purposes.
MSDS – Material Safety Data sheets should be on the outside of the carton if required.
4.4
ITEM RETURN POLICY / DEFECTIVE PRODUCT
Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with
the DOC paying only the return shipping costs.
The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. Such
shipments shall be returned at the contractor(s) expense. The state will not be responsible for charges
incurred as a result of the defective product. If the contractor(s) is then unable to furnish an acceptable
product, the State of Wisconsin may elect to purchase from another vendor such quantities as may be
needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the
price of such shipment(s) from another vendor shall be deducted from any monies, which may be due to
the contractor.
4.5
ORDERS
Specific order(s), Contract blanket order(s), or Purchasing Card order(s) may be issued to the
Contractor(s).
4.7.1
Purchase Order(s): issued as one-time orders
4.7.2
Blanket Purchase Order(s): issued for a specified period of time, to allow departmental
personnel to issue releases against the blanket purchase order(s) as needed.
4.7.3
Purchasing Card order(s): issued as one-time order.
4.7.4
Purchase Orders may be sent by US mail, phone, fax, internet, etc.
RFB # EB-3321
RFB Name: Zelboraf
5.0
Due Date: Dec 16, 2011
Page 10 of 22
4.8
RANDOM SAMPLING
Upon delivery and before payment of the final invoice, any part of the final product may be pulled from the
contractor’s delivery truck and inspected to assure the DOC that the specifications have been met in all
respects. Failure to meet any specification will mean rejection of the entire order at no cost to the DOC.
No changes in the specifications will be permitted without written authorization from Purchasing Services.
4.9
PRODUCT IDENTIFICATION
Bid response must be clearly identified by manufacturer and catalog/model/stock number and/or
appropriate identification. Adequate detailed specifications of the items offered bid must be included with
the bid to insure that the item(s) being bid meets all specifications.
PERFORMANCE REQUIREMENTS
5.1
FIRM PRICES
Prices must remain firm for the initial contract term. Prices established may be lowered due to general
market conditions.
5.2
PRICE INCREASE REQUESTS
Price increase requests proposed after the initial Contract term must be received by Purchasing in writing
60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed
price increases are limited to fully documented cost increases submitted with the request and may not
increase more than the Consumer Price Index. If Purchasing deems cost increases are not acceptable, it
reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in the
form of an amendment to the contract. Price increases must be labeled with the contract number and be
submitted in the same format as the original RFB. Any price increase requested that is not submitted in
the proper format may be rejected.
5.3
TIMELINESS OF DELIVERY
Delivery is desired as soon as possible after receipt of a purchase order. State on the Request for Bid
Form when delivery can be made.
The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or
other delays in shipping within 24 hours of receipt of order or release order.
6.0
SUPPORT REQUIREMENTS
6.1
INVOICING / PAYMENT REQUIREMENTS
6.1.1
INVOICES FOR PURCHASE ORDERS
Contractor must agree that all invoices and purchasing card charges shall reflect the prices and
discounts established for the items on this contract for all orders placed by the DOC even though
the contract number and/or correct prices may not be referenced on each order.
The DOC must meet a statutory mandate to pay or reject invoices within 30 days of receipt by
DOC Accounts Payable. Before payment is made, it also must verify that all invoiced charges are
correct as per this Contract. Only properly submitted invoices will be officially processed for
payment. Prompt payment requires that contractor invoices be clear and complete in conformity
with the instructions below. All invoices must be itemized showing:







Contractor name
remit to address
purchase order number
release number if given
date of order/release
item manufacturer’s name or abbreviation (if applicable)
complete item description including catalog, model and/or stock number(s) identical to those
stated in bid
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 11 of 22

prices per the Contract
The original invoice and two copies must be sent to the DOC address listed on the Purchase
Order.
6.1.2
6.2
6.3
INVOICES FOR PURCHASING CARD
Invoices shall contain the same detail as listed in Section 6.1.1 and mailed to the billing address
given at the time the order is placed.
SUBCONTRACTING
Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise
transferred to any other Contractor without prior written approval by Purchasing Services.
6.2.1
The Contractor shall be directly responsible for any subcontractor’s performance and work quality
when used by the Contractor to carry out the scope of the job.
6.2.2
Contractor must assure subcontractors abide by all terms and conditions under this Contract.
6.2.3
If subcontractors are to be used, the Contractor must clearly explain their participation.
PRIME CONTRACTOR AND MINORITY BUSINESS SUBCONTRACTORS
The prime contractor will be responsible for contract performance when subcontractors are used.
However, when subcontractors are used, they must abide by all terms and conditions of the contract. If
subcontractors are to be used, the bidder must clearly explain their participation.
The State of Wisconsin is committed to the promotion of minority business in the state's purchasing
program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.
Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin
Statutes. The contracting agency is committed to the promotion of minority business in the state's
purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises certified by the
Wisconsin 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.
The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal,
including the identities of such enterprises certified by the Wisconsin Department of Commerce and their
contract amount.
Quarterly reports shall be due fifteen (15) calendar days after the end of the quarter, 9/31, 12/31, 3/31 and
6/30. The form for submitting this information is available from the VendorNet on the Contract’s Home
Page. http://vendornet.state.wi.us/vendornet/doaforms/doa-3234.doc.
The report shall be submitted even if there is no activity.
Submit to:
e-mail: [email protected]
post:
MBE PURCHASING REPORT
DEPT OF CORRECTIONS
PO BOX 7991
MADISON, WI 53707-7991
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 12 of 22
The State reserves the right to request additional reports from the Contractor at no additional cost.
Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty
(30) calendar days from the time the request was submitted. These reports shall be in a form approved in
advance in writing by the State.
A listing of certified minority businesses, as well as the services and commodities they provide, is available
from the Department of Administration, Office of the Minority Business Program, 608/267-3293. The listing
is published on the Internet at: http://www.doa.state.wi.us/mbe/minority_search.asp
6.4
AFFIRMATIVE ACTION
All contracts of more than Twenty Five Thousand Dollars ($25,000) require the submission of a written
affirmative action plan or request exemption. Contractors with an annual workforce of less than twenty-five
employees are eligible for exemption. Within fifteen (15) days after the award of the contract, the written
affirmative action plan, or statement requesting exception, shall be submitted to the Department’s Contract
Compliance Office. Address plan to:
AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES
DEPARTMENT OF CORRECTIONS
3099 E WASHINGTON AVE
PO BOX 7991
MADISON WI 53707-7991.
Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal
opportunity.
"Affirmative Action Plan" is a written document that details an affirmative action program. Key parts of an affirmative action plan
are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of
the policy, (3) assignment of key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classification
where representation of women, minorities and the disabled is deficient, (5) goals and timetables that are specific and measurable
and that are set to correct deficiencies and to reach a balance of work force, (6) revision of all employment practices to ensure that
they do not have discriminatory effects, (7) establishment of internal monitoring and reporting systems to measure progress
regularly.
Failure to comply appropriately with these requirements can lead to bidder being banned from doing
business with any agency of the State of Wisconsin. Additionally, failure to comply can result in
termination of this contract, or withholding of payment. On the Vendor Information Sheet provide the
requested information. For additional information see Section 19.0 of the Standard Terms and Conditions.
6.5
WISCONSIN SALES AND USE TAX REGISTRATION
The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any
existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66,
Wis. Stats., and related statutes regarding certification for collection of sales and use tax.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin
Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your
firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
6.8
EMPLOYEE IDENTIFICATION
All contractors’ employees, while working on DOC property, must wear a clearly displayed photo
identification badge (provided by the Contractor at the Contractor’s cost) showing they are employees of
the contractor. Badges must be available but will not be required to be worn when protective clothing and
respiratory protection is required.
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 13 of 22
6.9 CONFIDENTIALITY
The confidentiality of offender health information is protected by the federal Health Insurance Portability
and Accountability Act (HIPAA) regulations (45 CFR, Parts 160 & 164), federal Alcohol and Other Drug
Abuse Patient Information regulations (42 CFR Part 2), and by various Wisconsin laws governing the
confidentiality of medical, mental health, developmental disability, and alcohol and drug information. In
addition, the department considers all personally identifiable information relating to DOC employees or
offenders to be confidential, and such data is not to be released unless approved by the DOC.
6.10
ELECTRONIC COMMERCE/ONLINE ORDERING
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce
opportunities that may be offered by the Contractor. If electronic ordering methods are used, the following
conditions will apply:
The terms of this RFB will take precedence over any auxiliary or ancillary agreement that may be
accepted by any employee of the DOC or State. Any terms, conditions, clauses or specifications that are
not consistent with the terms, conditions, or specifications of the RFB will be considered null and void and
will not be enforceable by the contractor unless agreed to in a written amendment format signed by the
Contract Administrator. These agreements include, at a minimum, “Wrap Around”, “Click and Wrap”,
Electronic Commerce agreements, auxiliary or ancillary service agreements, or any other additional
agreements that further define or add additional service elements to the master contract.
6.11
PURCHASING CARD
The State of Wisconsin has implemented a VISA Purchasing Card program to reduce the volume of
purchase orders issued and supplier invoices that must be processed. While some agencies will continue
to use purchase orders with this contract, many will use the Purchasing Card.
Contractor benefits derived by accepting the VISA Purchasing Card:
Improved Cash Flow: Unlike the purchase order method, where contractors may wait up to 30 days for
payment by the State, funds for Purchasing Card transactions are sent electronically through the banking
system into the contractor’s business checking account within three days.
Reduced Expenses: Again unlike the purchase order method, contractors do not have to process and
mail invoices, manage and collect receivables or post and process checks for each customer payment.
Increased Sales: As state agency cardholders increasingly discover the benefits of purchasing with VISA,
they will seek suppliers who accept the card for payment.
If your company already accepts VISA, you may not need to do anything more. If you do not accept VISA,
contact your local banking institution to be set up as a merchant, or contact the State’s Purchasing Card
Coordinator, at 608/267-6922.
6.12
EMPLOYMENT OF CURRENT OFFENDERS AND EMPLOYMENT AND RETENTION OF
INDIVIDUALS ARRESTED, CHARGED OR CONVICTED OF CRIMINAL OFFENSE
6.12.1 Contractor shall not employ a person who is on probation, parole or an inmate who is supervised by
Intensive Sanctions for any position where the primary duties and responsibilities involve the
supervision or treatment of inmates, probationers or parolees or involve access to offenders' records
or funds.
6.13
FRATERNIZATION
6.13.1 Contractor agrees to have a written policy on fraternization that prohibits the forming of improper
relationships between Contractor's employees and offenders. The policy must be substantially
equivalent to the DOC policy as expressed in Executive Directive 16, May 1991 - Revised January
1997, Further Revised August 2004. A copy of Executive Directive 16 may be obtained from the
Contract Administrator.
RFB # EB-3321
RFB Name: Zelboraf
Due Date: Dec 16, 2011
Page 14 of 22
6.13.2 Contractor shall address at the minimum the policy required in Sub. A: definitions of employee,
relationships and offender; a statement of prohibited relationships; duty of employee to inform
Contractor of unplanned contacts with offenders; a statement that Contractor-directed contacts or
those which are part of the employee's job duties are exempt from the policy; an exception
procedure which may be carried out by the Executive Director or designee; and a standard
employee statement indicating that each employee has read a copy of the Contractor's policy on
fraternization.
6.13.3 Contractor shall also agree to have a written policy which prohibits Contractor’s employees from
engaging in any sexual contact or sexual intercourse with offenders under the custody and control of
the DOC. The policy must be substantially equivalent to the DOC’ policy as expressed in Executive
Directive 16-A, August 2006. A copy of Executive Directive 16-A may also be obtained from the
Contractor Administrator.
6.13.4 Contractor shall maintain a copy of the signed employee statement on fraternization and sexual
contact in each employee's personnel file.
6.14
7.0
CONTRACTOR MAJOR STRUCTURAL CHANGE
The Contractor is required to provide the Department of Corrections with a minimum of 90 days written
advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation,
etc.). Contract may not be automatically assigned to the new entity (since the underlying procurement may
be affected).
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions (DOA-3054) are by reference made a part of this RFB. The State of
Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with
any bid submitted responding to this RFB (Standard Terms and Conditions, DOA-3054). Failure of the successful
bidder to accept these obligations in a contractual agreement may result in cancellation of the award.
The Standard Terms and Conditions shall govern this RFB and subsequent contract.
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired.
When alternates are
bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish
equivalency. The State of Wisconsin shall be the sole judge
of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates to the specifications which may result in
rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval
by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
6.1
6.2
6.3
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any
given item, the quantity multiplied by the unit price
shall establish the extended price, the unit price shall
govern in the bid/proposal evaluation and contract
administration.
Prices established in continuing agreements and
term contracts may be lowered due to general
market conditions, but prices shall not be subject to
increase for ninety (90) calendar days from the date
of award. Any increase proposed shall be submitted
to the contracting agency thirty (30) calendar days
before the proposed effective date of the price
increase, and shall be limited to fully documented
cost increases to the contractor which are
demonstrated to be industrywide. The conditions
under which price increases may be granted shall be
expressed in bid/proposal documents and contracts
or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION:
The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as
deemed to be in the best interests of the State of
Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING:
The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin state
and local taxes on its purchases except Wisconsin excise
taxes as described below.
The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco
products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay state use tax
on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
14.0
ENTIRE AGREEMENT:
These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
DOA-3054
Page 3 of 3
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
16.0
17.0
18.0
19.0
APPLICABLE LAW AND COMPLIANCE: This contract
shall be governed under the laws of the State of Wisconsin.
The contractor shall at all times comply with and observe all
federal and state laws, local laws, ordinances, and
regulations which are in effect during the period of this
contract and which in any manner affect the work or its
conduct. The State of Wisconsin reserves the right to
cancel this contract if the contractor fails to follow the
requirements of s. 77.66, Wis. Stats., and related statutes
regarding certification for collection of sales and use tax.
The State of Wisconsin also reserves the right to cancel
this contract with any federally debarred contractor or a
contractor that is presently identified on the list of parties
excluded from federal procurement and non-procurement
contracts.
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
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.
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 worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage shall
be one million dollars ($1,000,000) per occurrence
combined single limit for automobile liability and
property damage.
23.3
The state reserves the right to require higher or lower
limits where warranted.
DOA-3054
Page 3 of 3
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
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, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 261-7577.
34.0
WORK CENTER PROGRAM:
The successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of
Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers
certified under the State Use Law, s.16.752, Wis. Stat.
This shall result in requiring the successful bidder/proposer
to include products provided by work centers in its catalog
for State agencies and campuses or to block the sale of
comparable items to State agencies and campuses.
35.0
FORCE MAJEURE: Neither party shall be in default by
reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or
negligence on their part. Such causes may include, but
are not restricted to, acts of nature or the public enemy,
acts of the government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and unusually severe weather,
but in every case the failure to perform such must be
beyond the reasonable control and without the fault or
negligence of the party.
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
28.0
PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in
accordance with applicable State of Wisconsin
procurement regulations and the Wisconsin public records
law. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or
litigation.
27.1
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a
result of the contracted commodities or services
cannot be copyrighted or patented. All data, documentation, and innovations become the property of
the State of Wisconsin.
27.2
Any material submitted by the vendor in response to
this request that the vendor considers confidential
and proprietary information and which qualifies as a
trade secret, as provided in s. 19.36(5), Wis. Stats.,
or material which can be kept confidential under the
Wisconsin public records law, must be identified on a
Designation of Confidential and Proprietary Information form (DOA-3027).
Bidders/proposers may
request the form if it is not part of the Request for
Bid/Request for Proposal package. Bid/proposal
prices cannot be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or
a member of the official's immediate family owns or controls
a ten percent (10%) interest, is a party to this agreement,
and if this agreement involves payment of more than three
thousand dollars ($3,000) within a twelve (12) month
period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis.
Stats., before signing the contract. Disclosure must be
made to the State of Wisconsin Ethics Board, 44 East
Mifflin Street, Suite 601, Madison, Wisconsin 53703
(Telephone 608-266-8123).
State classified and former employees and certain
University of Wisconsin faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
RFB # EB-3321
RFB Zelboraf
8.0
Due Date: December 16, 2011
Page 18 of 22
REQUIRED FORMS AND ATTACHMENTS
The following forms must be completed and submitted with the bid.
FORMS:
Request for Bid Form (DOA-3070) - cover sheet, first page of this RFB
Vendor Information Form (DOA-3477)
Designation of Confidential and Proprietary Information Form (DOA-3027)
Wisconsin’s Cooperative Purchasing Service Form (DOA-3333)
Vendor Reference Form (DOA-3478)
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DIVISION OF ENTERPRISE OPERATIONS
BUREAU OF PROCUREMENT
S. 16.765, WIS. STATS.
Bid / Proposal #
Commodity / Service
DOA-3477 (R01/08)
EB-3321
ZELBORAF
Vendor Information
1.
BIDDING / PROPOSING COMPANY NAME
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
2.
City
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
3.
City
State
Zip + 4
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
(
)
E-Mail Address
(
)
Address
4.
City
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN
DOA-3027 (R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal # EB-3321 Zelboraf includes proprietary
and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or
is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we
ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential
material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore
cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s.
134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern,
compilation, program, device, method, technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the
circumstances.
We request that the following pages not be released
Section
Page #
Topic
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE
TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS
FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE
MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the
bid/proposal response will be open to examination and copying. The state considers other markings of confidential
in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any
damages arising out of the release of any materials unless they are specifically identified above.
Company Name
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Date
___________________________________________
Type or Print
This document can be made available in accessible formats to qualified individuals with disabilities.
Division of State Agency Services
State Bureau of Procurement
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state
contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding.
Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school
district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any
other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes
and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and
(2), Wis.Stats.
Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and

are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making
payment directly to the contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for
delivery or payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this
contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond
normal delivery areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any
special conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
Commodity/Service
Zelboraf
City
State
)
ZIP + 4
Request for Bid/Proposal Number
EB-3321
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
STATE OF WISCONSIN
Bid / Proposal #
DOA-3478 (R12/96)
EB-3321
Zelboraf
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) previously provided with requirements similar to those included in this solicitation
document. If vendor is proposing any arrangement involving a third party, the named references should also be
involved in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
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