BIDS MUST BE EMAILED TO: ILD0005

BIDS MUST BE EMAILED TO:  ILD0005
State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003)
BIDS MUST BE EMAILED TO: [email protected]
AGENCY ADDRESS:
WI Department of Workforce Development
201 E. Washington Ave., Room G400
P.O. Box 7946
Madison, WI 53707-7946
REQUEST FOR BID
THIS IS NOT AN ORDER
BIDDER (Name and Address)
Remove from bidder list for this commodity/service. (Return this page only.)
Bid responses must be emailed and subject line must contain Request for Bid # ILD0005 Late bids will
be rejected. Bids MUST be date and time stamped by the soliciting procurement office email system on
or before the date and time that the bid is due. Bids dated and time stamped in another office or
received at another email address will be rejected. Receipt of a bid by the mail system does not
constitute receipt of a bid by the procurement 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.
Bids MUST be in this office no later than
January 31, 2014 9:00 AM CST
Name (Contact for further information)
Meredith A. Cook
Phone
Date
608.266.0625
1.17.2014
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Item
No.
Quantity
and Unit
Fax bids are not accepted
Price
Per Unit
Description
Total
ENO Smartboards / ENO Short Throw Projectors
and Installation
Payment Terms
NET30
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder
must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce,
5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the
Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal.
Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in
whole or in substantial part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint
of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without
collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor;
that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
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.
Division of Enterprise Solutions
Bureau of Finance
Procurement
State of Wisconsin
Department of Workforce
Development
DOA-3333 (R03/2004)
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.
Special Conditions
applicable):
I Do(ifNot
Agree to furnish the commodities or services to Wisconsin municipalities.
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
City
State
Commodity/Service
STATE
)
ZIP + 4
Request for Bid/Proposal Number
OF
WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid #ILD0005 includes proprietary and confidential
information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material
that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain
pages, as indicated below, of this bid/proposal response be treated as confidential material and not be
released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot
be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s.
134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern,
compilation, program, device, method, technique or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally
known to, and not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the
circumstances.
We request that the following pages not be released
Section
Page #
Topic
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND
THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR
DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of
the bid/proposal response will be open to examination and copying. The state considers other markings of
confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state
harmless for any damages arising out of the release of any materials unless they are specifically identified
above.
Company Name
Authorized Representative
___________________________________________
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 4 OF 25
SPECIAL CONDITIONS OF BID - CONTRACT
TABLE OF CONTENTS
SECTION SUBJECT
PAGE #
State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) .............................................................. 1
1.
INTRODUCTION AND PURPOSE ......................................................................................................... 5
2.
DWD CONTRACT ADMINISTRATOR .................................................................................................. 5
3.
CLARIFICATIONS/REVISIONS .............................................................................................................. 5
4.
DEFINITIONS .......................................................................................................................................... 6
5.
CONTRACT TERM ................................................................................................................................. 6
6.
CALENDAR OF EVENTS ....................................................................................................................... 6
7.
CONTRACT QUANTITIES/NEW OR DELETED ITEMS .......................................................................... 6
8.
CONTRACT REQUIREMENTS AND BIDDER/CONTRACTOR QUALIFICATIONS ............................ 6
9.
SPECIFICATIONS ................................................................................................................................... 7
10.
DELIVERY OF BID RESPONSE............................................................................................................... 7
11.
METHOD OF BID ................................................................................................................................... 7
12.
VENDORNET ......................................................................................................................................... 7
13.
BID RESPONSE REQUIREMENTS .......................................................................................................... 8
14.
SUBMISSION OF BID ............................................................................................................................. 8
15.
METHOD OF AWARD .......................................................................................................................... 8
16.
TERMS AND CONDITIONS ................................................................................................................. 10
17.
SUPPLIER DIVERSITY ............................................................................................................................ 15
18.
SUBCONTRACTING OR THIRD PARTY PAYMENTS ......................................................................... 15
19.
PRICING AND DISCOUNTS ............................................................................................................... 16
20.
ORDERS ............................................................................................................................................... 16
21.
INVOICING REQUIREMENTS ............................................................................................................. 16
22.
CONTRACT CANCELLATION............................................................................................................ 17
23.
CERTIFICATION FOR COLLECTION OF SALES AND USE TAX ....................................................... 17
24.
CONFIDENTIALITY............................................................................................................................... 17
ATTACHMENT A – VENDOR INFORMATION SHEET
ATTACHMENT B – REFERENCES AND EXAMPLES SHEET
ATTACHMENT C – MBE PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN FORM
ATTACHMENT D – MINORITY BUSINESS PARTICIPATION REPORT FORM
ATTACHMENT E – DEBARMENT
ATTACHMENT F – QUALIFIED BIDDER'S CHECKLIST
ATTACHMENT G – BIDDER’S RESPONSE COST SHEET
ATTACHMENT H – DWD LOCATIONS
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
1.
BID #ILD0005
PAGE 5 OF 25
INTRODUCTION AND PURPOSE
1.1
Purpose and Intent of Request for Bid
The purpose of this document is to provide interested bidders with information to enable them to
prepare and submit an official sealed bid for ENO Smartboards and ENO Short Throw Projectors.
The Wisconsin Department of Workforce Development (DWD) intends to use the results of this
bidding process to award a contract to the lowest cost responsive and responsible bidder.
The results of this bidding process may also be used to award additional similar contracts with
other State agencies and municipalities if agreed to by the successful vendor.
The purchases of all products and services are contingent on the availability of funds for
purchase.
1.2
Project Overview
The Department of Workforce Development under its Bureau of Information Technology Systems
(BITS) seeks to establish a contract for the purchase of ENO Smartboards and ENO Short Throw
Projectors, including removal of any existing screen and projection systems and installation of the
ENO systems. There is an immediate need for 6 Smartboards.
2.
DWD CONTRACT ADMINISTRATOR
The contract resulting from this RFB will be administered by Meredith A. Cook, Administrative
Services Division, Office of Procurement. All contacts between the Contractor and the
contracting agency will be through the designated agency representative(s), unless otherwise
instructed. The Contractor shall meet with the designated agency representative(s) as
requested to resolve problems. Any problems which cannot be resolved between the
designated agency representative(s) and the Contractor will be referred to the Contract
Administrator. The Contract Administrator will inform the Contractor in writing of the unresolved
issues and the Contractor shall respond with proposed corrective actions within 10 days of
receipt of this letter. The state and/or the Contractor may request meetings to address
unresolved contract issues.
3.
CLARIFICATIONS/REVISIONS
If you have any questions regarding the specifications, or special conditions of bid, please
contact the purchasing agent shown on the bid cover sheet as soon as possible, but no later
than 5 working days prior to the bid deadline date. If the answer requires written notification to
other bidders, Procurement will issue an official addendum.
DWD will provide reasonable accommodations, including the provision of informational material
in an alternative format, for qualified individuals with disabilities upon request. If you think you
need accommodations at a bid opening/proposer conference, contact Meredith A. Cook,
Procurement, at (608) 267-8898 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1800-947-3529.
Retain a copy of these Special Conditions of Bid for your files. Should you receive an award,
these Special Conditions of Bid become your contract terms and conditions.
Questions regarding this bid must be submitted in writing via email to the following:
Meredith A. Cook, e-mail: [email protected]
Any contact with State employees concerning this RFB is prohibited, except as authorized by the
RFB manager during the period from date of release of the RFB until the notice of intent to award
is released.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 6 OF 25
4.
DEFINITIONS
The following definitions are used throughout the RFB:
Agency means the Wisconsin Department of Workforce Development
Bidder/Vendor means a company or individual submitting a bid in response to this RFB
Contractor means bidder awarded the contract
Department means the Wisconsin Department of Workforce Development
DWD means the Wisconsin Department of Workforce Development
MBE means Wisconsin-certified Minority Business Enterprise
State means the State of Wisconsin
5.
CONTRACT TERM
February 10, 2014, or date of award, through February 9, 2015, or one year after date of award,
with three, one-year renewal options upon mutual agreement of the parties. DWD reserves the
right to extend beyond the contract period if deemed to be in the best interest of the
contracted parties.
6.
CALENDAR OF EVENTS
Listed below are specific and estimated dates and times of actions related to this RFB. The
actions with specific dates must be completed as indicated unless otherwise changed by DWD.
In the event that DWD finds it necessary to change any of the specific dates and times, it will do
so by issuing amendments to this RFB. There may or may not be a formal notification issued for
changes of the estimated dates and times.
DATE
EVENT
01/17/2014
Release RFB
01/23/2014
Deadline for vendor submission of questions
01/24/2014
Response to submitted questions
01/31/2014
9:00 a.m.
Bid submission deadline
01/31/2014
Send out Letter of Intent (estimated)
02/13/2014
Contract Start Date (estimated)
7.
CONTRACT QUANTITIES/NEW OR DELETED ITEMS
DWD does not guarantee to purchase any specific quantity or dollar amount. Bids that state
DWD must guarantee a specific quantity or dollar amount may be disqualified.
8.
CONTRACT REQUIREMENTS AND BIDDER/CONTRACTOR QUALIFICATIONS
To be eligible for a contract award, you must be qualified and able to provide the following.
Respond on attached “Bidder Response Sheet” unless otherwise noted below.
8.1.
Bidder must be an established authorized reseller of ENO Smartboards and ENO Short Throw
Projectors.
8.2.
Bidder must have In-depth knowledge of ENO Smartboards and ENO Short Throw
Projectors.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
9.
BID #ILD0005
PAGE 7 OF 25
8.3.
Bidder must supply references of at least three firms to which similar products /
services have been provided during the past three years.
8.4.
Bidder should be able to provide reports on purchases against this contract. The bidder
shall supply reports as requested. Bidder should be able to provide these reports within 15
working days of state’s request. Reports will be requested by Meredith A. Cook, the
Contract Administrator or designee.
8.5.
Bidder must be prepared to honor the manufacturer’s standard warranty. Indicate
warranty term and enclose standard warranty documents with your bid.
8.6.
Bidders must meet the following criteria:
o Bidders must have a sales service staff, able to provide prompt technical assistance
and training to respective State Agencies at any Wisconsin location, including problem
solving/troubleshooting, etc.
o Bidders must have ready access to manufacturer technical resources for problems that
are beyond the ability of the bidder’s sales services staff.
8.7.
Upon request, Contractor must provide a Certificate of Insurance and maintain the
minimum limits specified prior to issuance of a Purchase Order. All policies must be issued
with a 30-day cancellation notice, by an insurance company licensed to do business in the
State of Wisconsin, with a minimum AM Best rating of A1, and signed by an authorized
agent.
8.8.
Bidder must be able to install at any of the potential DWD locations (See Attachment H).
SPECIFICATIONS
See SPECIFICATIONS and/or COST SHEET for the minimum acceptable specifications for products
desired.
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the
design, type of construction, quality, functional capability and performance level desired.
10.
DELIVERY OF BID RESPONSE
Delivery of the required bid response materials shall be required by January 31, 2013 at 9:00 AM
Central Standard Time. Failure to meet this delivery requirement will disqualify your bid.
11.
METHOD OF BID
Bidder must submit all required forms and email them to [email protected] All prices
must be quoted in U.S. Dollars.
Bids requiring an order minimum may be disqualified.
12.
VENDORNET
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, goods 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 goods and services that the
organization wants to sell to the state. Annually renewable registration 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
specified commodity/service area(s) with an estimated value over $50,000. It is recommended
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 8 OF 25
registrants provide an email address that is monitored centrally in the organization to ensure
timely receipt of notifications. Organizations without Internet access may request paper copies
in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued
at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.
If questions exist about VendorNet, call the VendorNet Information Center at 1-800-482-7813 or,
for Madison area organizations; call 608-264-7898.
13.
BID RESPONSE REQUIREMENTS
In order for your bid to be considered, the following information must be provided. Fill out and
submit one copy (unless stated otherwise) by the due date and time listed on the bid cover
page. Include, in the following order:










Bid Cover (Signature) Pages, form DOA-3070
Cooperative Purchasing Form
Certification Regarding Debarment form
Vendor Information Sheet, Attachment A, form DOA-3477
References and Examples Sheet, Attachment B, form DOA-3478
MBE Program Awareness, Compliance & Action Plan, Attachment C
Minority Business Participation Report, Attachment D
Debarment, Attachment E
Qualified Bidder's Checklist, Attachment F
Bidder Response Sheet, Attachment G (emailed separately as an Excel spreadsheet with only
the yellow cells filled in with your cost)
NOTE: the following documents will only be needed if an Addendum is issued or additional information
is requested
13.1. Addendum Cover (Signature) Page(s), if applicable to this bid request, for DOA-3098
Failure to provide these forms/information with your bid submittal may disqualify your bid.
14.
SUBMISSION OF BID
Bids may not be submitted via facsimile.
Bids must be submitted via email to: [email protected] with the subject line: ATTN:
Meredith Cook – ILD0005 Bid Response.
To be considered, emailed bids must be received by the due date and time and should include
the entire bid packet scanned, minus section 12.3, as one single PDF format file. Section 12.3 will
be submitted in Excel format with only the yellow cells completed with single page view costs.
The extended cost will be calculated automatically.
Any correspondence, documents, price lists, etc. to support your bid, must include the bid
number.
15.
METHOD OF AWARD
Bids will be reviewed by DWD to verify that they meet all specified requirements in this RFB. Each
bid, meeting all specified requirements, will be further reviewed on the basis of costs submitted,
discounts, examples given, and favorable references. This verification may include reviewing the
vendor’s bid document, contacting references furnished in the vendor’s bid, requesting reports
on the vendor’s financial stability, reviewing demonstrations of the vendor’s product(s)/service(s),
and reviewing results of past performance of the vendor with the State of Wisconsin.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 9 OF 25
Awards will be made to the low total from the lowest responsible bidder.
Lowest responsible bidder is defined in State regulations Adm. 6.01 as:
…the person or firm submitting the competitive bid with the lowest price that meets the
specifications contained in the requests for bids. In establishing the lowest responsible
bidder, all of the following factors may be considered:
a)
b)
c)
d)
e)
f)
The financial ability to provide the services required or to complete the
contract;
The skill, judgment, experience, and resources to complete the contract;
The necessary facilities, staff, personnel, and equipment to complete the
contract;
The demonstrated ability to satisfactorily perform the work or provide the
materials in a prompt, conscientious manner;
The demonstrated ability to comply in situations where the award is
contingent on special considerations subject to the nature of the
services or contract required, and;
Any other factor determined to be relevant in assessing the bidder’s
ability to supply as required.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
16.
BID #ILD0005
PAGE 10 OF 25
TERMS AND CONDITIONS
The Standard and/or Supplemental Terms and Conditions provided with this document represent
the terms and conditions which will apply to this contract. Vendors may not submit their own
contract document as a substitute for these terms and conditions.
STANDARD TERMS & CONDITIONS, DOA-3054 (R10/2005)
1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer
and model numbers are used, they are to establish a design, type of construction, quality, functional capability
and/or performance level desired.
When alternates are bid/proposed, they must be identified by
manufacturer, stock number, and such other information necessary to establish equivalency. The State of
Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates
to the specifications which may result in rejection of their bid/proposal.
2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the
absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms,
conditions, and specifications and the bidders/proposers shall be held liable.
3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.
6.1
Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.)
as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall
establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract
administration.
6.2
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 industry wide. The conditions under which price increases may be
granted shall be expressed in bid/proposal documents and contracts or agreements.
6.3
In determination of award, discounts for early payment will only be considered when all other conditions
are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed
favorable. All payment terms must allow the option of net thirty (30).
7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals,
to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed
to be in the best interests of the State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting procurement 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 procurement
office.
9.0 METHOD OF AWARD:
specified.
Award shall be made to the lowest responsible, responsive bidder unless otherwise
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.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 11 OF 25
11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices
within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase
order including reference to purchase order number and submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state
and local taxes on its purchases except Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its
purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors
performing construction activities are required to pay state use tax on the cost of materials.
13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable for all costs in excess of the contract price when
alternate procurement is necessary. Excess costs shall include the administrative costs.
14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a
result of this request except where special requirements are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance,
or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting
authority.
15.0 APPLICABLE LAW 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 nonprocurement contracts.
16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with this contract.
17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.
18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when
engaged in the production of materials, supplies or equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped
individuals.
19.0 NONDISCRIMINATION/AFFIRMATIVE ACTION: In connection with the performance of work under this contract,
the contractor agrees not to discriminate against any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis.
Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take
affirmative action to ensure equal employment opportunities.
19.1
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a
workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is
awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 12 OF 25
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.
24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and
specifications of this contract.
25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection
prior to issuance of the notice of intent to award or the award of the contract.
27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in
accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law.
Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a
result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.
27.2
Any material submitted by the vendor in response to this request that the vendor considers confidential and
proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material
which can be kept confidential under the Wisconsin public records law, must be identified on a Designation
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 13 OF 25
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.
28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family,
or any organization in which a state public official or a member of the official's immediate family owns or
controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the
state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract.
Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials
whenever technically and economically feasible. Bidders are encouraged to bid products with recycled
content which meet specifications.
30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical,
as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the
shipped container(s) and one (1) copy with the invoice(s).
31.0 PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official or employee for commercial promotion is
prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State
of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior
written authorization of the contracting agency.
32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers,
agents and employees from all suits, actions, or claims of any character brought for or on account of any
injuries or damages received by any persons or property resulting from the operations of the contractor, or of
any of its contractors, in prosecuting work under this agreement.
33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats.,
relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of
Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt
from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for
a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, 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.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 14 OF 25
SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENT OF SERVICES, DOA-3681 (R01/2001)
1. ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual
obligations if procurement action ensues.
2. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case
of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:
o
The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement,
for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with
any competitor;
o
Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly
disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case
of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other
bidder/proposer or to any competitor; and
o
No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to
submit a bid/proposal for the purpose of restricting competition.
o
Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization
responsible within that organization for the decision as to the prices being offered herein and that he/she has not
participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices
being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in
certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their
agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above.
3. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between
the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no
relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a
state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will
not be adverse to the interests of the state.
 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide
contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the
contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this
provision, in writing, if those activities of the contractor will not be adverse to the interests of the state.
4. DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a
contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin
agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This
prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time
that is not included in the appointment. It does not include corporations or partnerships.
5. EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin,
including any department, commission or board thereof, to provide services relating to this agreement without the written consent
of the employing agency of such person or persons and of the contracting agency.
6. CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats.,
regarding conflicts of interests by directors in the conduct of state contracts.
7. RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under
the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance
with federal, state and local ordinances.
The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to
any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a
period of not less than three (3) years after final payment is made.
8. INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the
performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state.
The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an
independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
17.
BID #ILD0005
PAGE 15 OF 25
SUPPLIER DIVERSITY
16.1
Minority Business Enterprise Program (MBE)
The State of Wisconsin is committed to the promotion of minority businesses in the State’s
procurement program. Authority for this program is found in Wisconsin Statutes 15.107(2),
16.75(3m), and 16.755.
Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to
state-certified Minority Business Enterprises (MBE) and/or by using such enterprises to provide
goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 5%
of the contract cost to such enterprises. An MBE means a business certified, or certifiable, by the
Wisconsin Department of Commerce under Statute 560.036(2).
Bidders must submit the attached MBE Program Awareness, Compliance & Action Plan
(Attachment C) indicating their proposed utilization of state-certified minority businesses for this
contract. Contact the State’s Minority Business Manager for assistance in locating certified firms
at (608) 267-3293. A listing of State of Wisconsin certified minority businesses, as well as the
services and commodities they provide, is on the State-certified MBE web site:
www.doa.wi.gov/mbe
16.2
Woman Owned Business (WBE)
The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in
560.035, Wisconsin Statutes.
The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin
Department of Commerce should have the maximum opportunity to participate in the
performance of its contracts. Bidders are strongly urged to use due diligence to further this
policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to
provide goods and services incidental to this agreement.
16.3
Disabled Veteran Owned Business (DVB)
The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the
Wisconsin Department of Commerce should have the maximum opportunity to participate in the
performance of its contracts. Bidders are strongly urged to use due diligence to further this
policy by awarding subcontracts to Disabled Veteran-Owned businesses or by using such
enterprises to provide goods and services incidental to this agreement.
18.
SUBCONTRACTING OR THIRD PARTY PAYMENTS
The bidder must identify whether they or another vendor (subcontractor) will be providing
ongoing support. All subcontracting shall be pre-approved by Agency Partners. Subcontractors
must abide by all terms and conditions of the contract. The prime contractor shall be
responsible for all subcontractor(s) work and payment. Agencies will not pay any subcontractor
or third parties directly.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
19.
BID #ILD0005
PAGE 16 OF 25
PRICING AND DISCOUNTS
All costs for the contract must be included in the cost detail sheet. These cost items are detailed
in and are included in Section 8.0, Specifications and Attachment A, Cost Sheet. Prices for
licenses and maintenance are set by ENO Smartboards and ENO Short Throw Projectors. ENO
Smartboards and ENO Short Throw Projectors requires their products to be distributed through
certified resellers.
Prices are to remain firm during the first term of the contract. Any price increases proposed after
the first term must be submitted in writing to Contract Administrator a minimum of 90 days before
the proposed effective date of the increase. Notice of price increases must be fully
documented. Documentation shall include copies of the supplier's notification to the vendor of
the increase including the effective date. Increases shall not affect any orders written prior to
the effective date of the increase. The Contract Administrator shall approve price increases.
Any price reductions passed on to other customers occasioned because of a competitive
"softening" of the market are to be correspondingly offered at the same ratio to the state. Prices
may be lowered at any time. Failure on the part of the vendor to promptly accord such industrywide price decreases may constitute a breach and the contract may be cancelled. The state
reserves the right to award any cancelled contract to the next low bidder if it is determined to
be in the state's best interest. In the event of a decrease in price, the contractor(s) shall
immediately notify the contract administrator of such decreases and issue revised price lists to
cover this reduction. The decrease in price to the State of Wisconsin shall become effective on
the same date as the decrease is effective to the contractor(s).
20.
ORDERS
DWD may use the following methods to purchase from this contract:



21.
Specific purchase orders may be placed for one-time shipments.
Purchase orders, blanket-type, may be issued by Procurement for the State’s fiscal year
time period, July 1 – June 30, to allow departmental personnel to call or fax for product
or service against the order as needed.
Purchasing card releases: placed by department personnel using their State
purchasing card under agency and State guidelines.
INVOICING REQUIREMENTS
Invoices/Purchase Order:
State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt
by the agency. Before payment is made, the agency also must verify that all invoiced charges
are correct as per this contract. Only properly submitted invoices shall be officially received for
payment. Thus, your prompt payment requires that your invoices be clear and complete in
conformity with the instructions below.
All invoices must be itemized showing:
a.
b.
c.
purchase order number
vendor name
remit to address
d. complete product description as
stated on your bid.
e. prices per the contract
The original invoice must be sent to the bill-to address shown on the Purchase Order.
Invoices/Purchasing card
Orders placed by DWD using a purchasing card must reflect current contract pricing.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
22.
BID #ILD0005
PAGE 17 OF 25
CONTRACT CANCELLATION
This Contract may be terminated by either party under the following conditions:
22.1. Please review section 13.0 and 24.0 of the Standard terms and Conditions of Bid. Agency
Partners may terminate the contract at any time at its sole discretion by delivering 90 days
written notice to the contractor.
If the problem is service performance, contractor will be warned in writing of
unsatisfactory performance and intent to cancel this contract. Contractor will be given a
period of time to ‘cure’ the performance. If the performance does not improve
contractor will be given 30 days written notice that the contract will be cancelled.
Upon termination, Agency Partner’s liability will be limited to the pro rata cost of the
services performed as of the date of termination.
22.2. In the event the contractor terminates the contract, for any reason whatsoever, it will
require written certified letter notification delivered to the Department purchasing agent
not less than 90 days prior to said termination. The contractor will, in turn, refund the
Department, within 30 days of said termination, all payments made hereunder by the
Department to the contractor for work not completed.
22.3. If at any time the contractor performance threatens the health and/or safety of Agency
Partners, Agency Partners have the right to cancel and terminate the Contract without
notice.
22.4. Failure to maintain the required Certificates of Insurance, Permits, Licenses, etc. shall be
cause for contract termination. If the Contractor fails to maintain and keep in force the
insurance as provided in #23.0 of the Standard Terms and Conditions, Agency Partners
have the right to cancel and terminate the Contract without notice.
22.5. 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,
Agency Partners have the right, in addition to any other rights of whatsoever nature that it
may have at law or inequity, to terminate this Contract by giving 90 calendar days notice
in writing of such termination.
23.
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.
24.
CONFIDENTIALITY
Contractor acknowledges that some of the data and documentation it may become privy to in
the performance of this contract is of a confidential nature. Contractor shall make all
reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such
confidential information.
Contractor or its employees may have direct or indirect contact with clients, staff, or other
parties. All information regarding clients is confidential in nature. Contractor shall make all
reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such
confidential information, including but not limited to identity of clients or services being received.
Bidder must have a policy regarding ethics and confidentiality for their staff to follow. Provide a
copy of that policy with your bid. Some buying agencies that provide health services may
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 18 OF 25
additionally require interpreters to sign Health Insurance Portability and Accountability Act
(HIPAA) privacy statements at the time of service.
Contractor or its employees and subcontractors will not reuse, sell, or make use in any format the
data researched or compiled for this contract for any venture, profitable or not, outside this
contract.
Contractor agrees to observe complete confidentiality with respect to all aspects of any
confidential information, proprietary data and/or trade secrets and any parts thereof, whether
such contents are the State's or the manufacturer's, proposer's, or distributor's whereby
Contractor or any Contractor's personnel may gain access while engaged by the State or while
on State premises.
The restrictions herein shall survive the termination of this contract for any reason and shall
continue in full force and effect and shall be binding upon the Contractor or its agents,
employees, successors, assigns, subcontractors, or any party claiming an interest in this contract
on behalf of or under the rights of Contractor following any termination. Contractor shall advise
all Contractor's agents, employees, successors, assigns and subcontractors which are engaged
by the State of the restrictions, present and continuing, set forth herein. Contractor shall defend
and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its
agents, employees, successors, assigns and subcontractors regarding the restrictions herein.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 19 OF 25
STATE OF WISCONSIN
DOA-3477 (R05/98)
ATTACHMENT A
1.
VENDOR INFORMATION
PROPOSING COMPANY/ORGANIZATION NAME
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
State
Zip + 4
Website
2.
Name the person to contact for questions concerning this bid.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $50,000 on this contract must submit affirmative action information to
the department. Please name the Personnel/Human Resource and Development or other person
responsible for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may
contact concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
Address
City
State
Zip + 4
)
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 20 OF 25
STATE OF WISCONSIN
DOA-3478 (R12/96)
ATTACHMENT B
REFERENCES
Vendor:
_______________________________________________________________________
Provide company name, address, contact person, telephone number, and appropriate
information on the product(s) and/or service(s) provided to customers similar to those
requested in this solicitation document. Potential subcontractors cannot be references.
Any subcontractor arrangement for the completion of this work shall be listed on a separate
id page.
Company Name: ________________________________________________________________________
Address (include Zip + 4)__________________________________________________________________
Contact Person: ___________________________________
Phone No. ________________
E-Mail Address: __________________________________________________________________________
Product(s) Used and/or Service(s) Provided: _______________________________________________
Company Name: ________________________________________________________________________
Address (include Zip + 4)__________________________________________________________________
Contact Person: ___________________________________
Phone No. ________________
E-Mail Address: __________________________________________________________________________
Product(s) Used and/or Service(s) Provided: _______________________________________________
Company Name: ________________________________________________________________________
Address (include Zip + 4)__________________________________________________________________
Contact Person: ___________________________________
Phone No. ________________
E-Mail Address: __________________________________________________________________________
Product(s) Used and/or Service(s) Provided: _______________________________________________
Company Name: ________________________________________________________________________
Address (include Zip + 4)__________________________________________________________________
Contact Person: ___________________________________
Phone No. ________________
E-Mail Address: __________________________________________________________________________
Product(s) Used and/or Service(s) Provided: _______________________________________________
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 21 OF 25
ATTACHMENT C
AGENCY PARTNERS MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
AWARENESS, COMPLIANCE & ACTION PLAN
As a matter of sound business practice, the Wisconsin Department of Workforce Development is
committed to “supply diversity” by promoting the use of minority business whenever and wherever
possible. Further, as an agency of the State of Wisconsin, AGENCY PARTNERS shares in the state goal of
placing five (5) percent of its total annual purchasing dollars with state-certified minority businesses.
State of Wisconsin purchasing policy provides that Minority Business Enterprises (MBE) 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/projects.
You, as a contractor, are 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 (second-tier suppliers), with a goal of awarding 5% of the contract
cost to such enterprises.
Quarterly reports are requested to be submitted to the Department of Workforce Development
Procurement Unit, itemizing the costs of services and goods provided by certified firms. Reports should
state the costs for the previous contract/project quarter.
Authority for the MBE program is found in Wisconsin Statutes 15.107(2), 16.75(4), and 16.755 and 560.036(2),
and details about the program can be found at:
http://www.doa.state.wi.us/category.asp?linkcatid=677&linkid=113&locid=0
Your complete response on the following form must address the following components of your
company’s/organization’s commitment/action plan:
a) Indication that you understand the State of Wisconsin’s goal,
b) Listing of any MBE vendors with which you intend to subcontract,
c) Description of the various second tier MBE expenses (goods and services procured that are
incidental to the contract/project; examples are: specific office supplies to perform the
contract, percentage of cost for uniforms for contract staff, travel to perform the
contract/project, percentage of facility maintenance services for your facility used directly by
your staff during the contract/project period) your company/organization will be able to report
that are in direct connection with the administration of this contract,
d) Statement expressing your commitment to complete the required monthly or quarterly reports
that will reflect your subcontracts and second-tier expenditures for the period.
For information on certified State of Wisconsin Minority Business Enterprises, please contact:
Wisconsin Department of Commerce
Bureau of Minority Business Development
201 W Washington Avenue, 5th Floor
PO Box 7970
Madison, WI 53707
608-267-9550
Fax: 608-264-6151
Email: [email protected]
A partial listing of some certified minority business enterprises qualified for this request for bid follows. A
complete listing of certified minority businesses, as well as the services and commodities they provide, is
available on the web at: www.doa.wi.gov/mbe and Information regarding certification of minority
businesses is available at: http://commerce.wi.gov/BD/BD-MBD-Index.html
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 22 OF 25
ATTACHMENT C, CONT’D
MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM
AWARENESS, COMPLIANCE & ACTION PLAN
Complete, sign, and include in your bid response.
Failure to complete this form as a component of your bid may result in rejection of your bid.
Our company/organization is a Wisconsin-certified Minority Business Enterprise (MBE)
 Yes
 No
 Yes
 No
We are aware of the State of Wisconsin’s goal to spend at least 5% of their total annual purchasing
dollars with state-certified MBE firms.
 Yes
 No
Our company/organization is a minority business but has not yet received Wisconsin certification
(please provide details): _____________________________________________
We are aware that if awarded this contract/project our company/organization will provide
monthly or quarterly reports to Agency Partners reporting all expenditure activity directed to MBE
subcontractors or second-tier MBE suppliers that directly relate to this contract. (Any noncertified minority businesses could be a potential subcontractor/second-tier supplier--indicate
these on your plan. Agency Partners will work with those businesses for possible certification.)
Subcontractors: Our company/organization intends to subcontract at least 5% dollar volume
with certified MBE firms listed below (names, addresses, telephone numbers):
 Yes
 No
 Yes
 No
Second-tier Suppliers: In addition to direct subcontracting efforts, your company/organization can help the State of
Wisconsin achieve the 5% goal by managing your second-tier minority purchases. Second-tier business refers to
incidental business expenses your company may spend with Wisconsin-certified MBE firms as it pursues the normal
course of business supplying the Agency Partners-contracted products or services. Here are some examples:
 Percentage of your office supplies specifically used during the course of this contract/project.
 Percentage of uniform costs for staff performing this contract/project.
 If you travel to perform this contract/project, you could use a state-certified MBE travel agency and report
that expense.
 Percentage of facilities maintenance services for facility(ies) directly used by your staff during the course of
this contract/project.
These second-tier expenses can only be reported to the extent that they directly relate to your business with DWD.
The percentage of the expense you can report is determined by the amount of your DWD sales as it relates to your
total sales volume. Per the terms of your contract, you should actively pursue directing business towards these types
of companies, and report your efforts in this regard on a monthly basis.
***************************************************************************************************
In paragraph form, describe your company/organization’s commitment/action plan with regard to the planned use
of state-certified MBE businesses in subcontracting efforts, as well as developing MBE second-tier suppliers. Please list
your specific commitments (attach sheet, if necessary). If you have questions, please call DWD Procurement Staff,
608-267-8898.
SIGNATURE: ______________________________________ DATE: __________________________________
PRINTED NAME & TITLE: ____________________________________________________________________
COMPANY: ________________________________________PHONE NUMBER: ________________________
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 23 OF 25
ATTACHMENT D
MINORITY BUSINESS PARTICIPATION REPORT
Wisconsin Department of Workforce Development
s.16.75(3m) Wis. Stats.
Return via email
to:
[email protected]
Report Date
Contract / Purchase Order #
Time Period Covered by Report
Monthly:
Quarterly:
#2
through
#3
#4
#1
Project Name / Contract Title
Prime Vendor / Contractor Name
Minority Vendor
Contractor Name, Address and Telephone Number
Federal Employer Identification Number – FEIN
Product / Service
Purchased
Subcontract
$ Amount
Second Tier
$ Amount
If no business was awarded to Minority Business Enterprises (MBE) for this period, please
describe the efforts made to encourage minority business participation.
_______________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
I certify that the information contained on this report is true and correct.
I also certify that I am an authorized representative of the above-identified Prime Vendor /
Contractor.
(Prime Vendor/Contractor Authorized Representative Name)
(Title)
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 24 OF 25
ATTACHMENT E
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION INSTRUCTIONS
By signing and submitting this proposal, the prospective primary participant is providing the
certification set out below.
1.
2.
3.
4.
5.
6.
7.
8.
9.
The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or explanation
will be considered in connection with the department or agency's determination whether to enter
into this transaction. However, failure of the prospective primary participant to furnish a certification
or an explanation shall disqualify such person from participation in this transaction.
The certification in this clause is a material representation of fact upon which reliance was placed
when the department or agency determined to enter into this transaction. If it is later determined
that the prospective primary participant knowingly rendered an erroneous certification, in addition
to other remedies available to the Federal Government, the department or agency may terminate
this transaction for cause or default.
The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant learns
that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as
used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this
proposal is being submitted for assistance in obtaining a copy of those regulations.
The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
The prospective primary participant further agrees by submitting this proposal that it will include the
clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered Transaction,'' provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for
lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not required to, check
the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or
default.
WISCONSIN DEPARTMENT OF
WORKFORCE DEVELOPMENT
BID #ILD0005
PAGE 25 OF 25
ATTACHMENT E
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
As the awarded vendor on this contract, you are required to provide debarment/suspension
certification indicating that you are in compliance with the below Federal Executive Order.
Certification can be done by completing and signing this form.
Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors
receiving individual awards, using federal funds, and all sub-recipients certify that the organization
and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency from doing business with the Federal
Government.
Your signature certifies that to the best of your knowledge, neither you or your
principals performing services hereunder are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency.
Name:
Company:
Address:
City, State, ZIP:
PHONE:
FAX:
e-mail:
Signature:
Date:
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