2016- BIDS MUST BE SEALED & ADDRESSED TO: AGENCY ADDRESS: State of Wisconsin

2016- BIDS MUST BE SEALED & ADDRESSED TO: AGENCY ADDRESS: State of Wisconsin
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R05/2014)
BIDS MUST BE SEALED & ADDRESSED TO:
AGENCY ADDRESS:
17 West Main Street
P.O. Box 7857
Madison, WI 53707
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 envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #
201601.
Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before
the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a
bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently
opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted
separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise
specified. Records will be available for public inspection after issuance of the notice of intent to award or the award
of the contract. Bidder should contact the person named below for an appointment to view the bid record. Bids
shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached
terms and conditions apply to any subsequent award.
Bids MUST be in this office no later than
August 6, 2015 at 2:00PM CT
Name (Contact for further information)
Elizabeth Behnke
Phone
Date
608-266-2609
7/07/2015
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Item
No.
Quantity
and Unit
Fax bids are not accepted
Price
Per Unit
Total
Description
Request for Bid
Wisconsin Department of Justice
Medical-Forensice Evidence Collection Kits
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.
Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity
Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.
We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED
Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact
the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the
Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials
covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial
part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any
other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is
accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
Email:
This form can be made available in alternate formats to individuals with disabilities upon request.
Fax
INSTRUCTIONS TO BIDDERS
You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of
Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in
this RFB. You should also register to become a Bidder at: http://vendornet.state.wi.us. This RFB contains all necessary
statutory language required by law. It is organized to help you determine if this is a business opportunity for your company.
The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear
process you must follow in order to submit a response to the RFB.
1.
Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase.
Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.
2.
Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs
in order to provide the commodity or service. This may include a specific license or certification, a history of providing
this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location.
Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.
3.
The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read
this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and
therefore, if you can’t meet a requirement, it is likely that your bid will be rejected unless no Bidder can meet an
individual RFB requirement. Reviewing this section will help you determine your ability to meet the Purchasing
Agency’s needs.
4.
Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is
critical because the bid pricing will determine what Bidder(s) will be allowed to enter into a contract with the State).
5.
The remaining sections of the RFB describe the process you must follow and the way you must present your bid to the
State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to
review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.
6.
If you are still interested in competing for the State’s business, you should provide your best pricing, and complete all
the required forms.
7.
Please note, your bid response be complete and accurate. You must follow all instructions exactly as asked. DO NOT
substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price
sheet. If you have questions, contact the Procurement Manager identified in the RFB.
8.
Your RFB response must arrive at the proper location before the due date and time. Late bids will be rejected.
Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future
procurement opportunities.
TABLE OF CONTENTS
1.0
INTRODUCTION AND PURPOSE
3
1.1
1.2
1.3
1.4
1.5
1.6
Definitions
Purpose and Scope of the Request for Bid
Contract Term
Modifications of Contract
Order of Precedence
Cooperative Purchasing Services
3
4
4
4
4
4
2.0
BIDDER QUALIFICATIONS AND REQUIREMENTS
5
2.1
2.2
Authorized Dealer
Prototype
5
5
3.0
MANDATORY REQUIRED SPECIFICATIONS OF BID
5
3.1
3.2
Kit Box
Contents of Box
4.0
SPECIAL TERMS AND CONDITIONS OF BID
9
4.1
4.2
4.3
4.4
Payment Terms
Equivalency of Swabs
Certificates of Insurance
Cancelation and Termination
9
9
9
9
5.0
PRICING STRUCTURE AND PRICE SHEET INSTRUCTIONS
10
5.1
5.2
5.3
Method of Bid
Price Sheet Instructions
Requesting Price Adjustments
10
10
10
6.0
BID PROCEDURE AND INSTRUCTIONS
10
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
Calendar of Events
Correspondence, Clarification, and Questions
Reasonable Accommodations
VendorNet Registration
Submitting a Bid
Faxed Bids
Emailed Bids
Format of Bid Response
Multiple Bids
Incurring Costs
10
10
11
11
11
12
12
12
12
12
7.0
BID ACCEPTANCE AND AWARD
12
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
Bid Opening
Bid Review
Bid Acceptance
Method of Award
Bidder References
Subcontractors
Supplier Diversity
Award Notification
12
12
12
13
13
13
13
14
8.0
REQUIRED FORMS
14
5
5-8
2
1.0
Introduction and Purpose
1.1
Definitions
For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless
otherwise indicated.
Agency:
Authority:
Authorized Users:
Bid:
Bidder:
Commodity:
Contract:
Contract Administrator:
Contractor:
Contract Manager:
DOJ:
an office, department, agency, institution of higher education, association, society or other
body in state government created or authorized to be created by the constitution or any law,
which is entitled to expend moneys appropriated by law, including the legislature and the
courts, but not including an authority.
a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233,
234, 235, 237, or 279.
includes any State Agency, University of Wisconsin campus, or other state or local public
body authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and
(8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement
Manual.
a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid
is an offer to sell.
a person or firm that responds to this Request for Bid.
a tangible article of trade or item of merchandise; goods, products, materials, supplies, or
finished products. A Commodity is not a Service for purposes of this RFB, but a
Commodity may include incidental or related Services.
the written agreement between the successful Bidder and the State covering the
commodities and services to be performed pursuant to this RFB.
the Procuring Agency employee responsible for oversight of the implementation,
administration, and completion of the Contract.
the person or entity that has been awarded the Contract as a result of this Bid, and who is
required to provide equipment, materials, supplies, contractual services, or leasing real
property to, the Procuring Agency.
the employee of an Agency responsible for 1) resolving contractual matters that cannot be
resolved with the Contract Administrator; and 2) facilitating and/or completing all official
actions under the contract including but not limited to amendments, renewals and
termination.
the Wisconsin Department of Justice.
Minority Business Enterprise
(MBE):
a business that has been certified under s. Comm 105.14, 105.21, or 105.23.
Municipality:
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.).
a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s
intent to award a Commodity contract to the successful Bidder.
a Bidder who receives an award in response to this RFB
the Procuring Agency’s procurement specialist or other person responsible for overseeing
and administering the procurement process for a Bid.
the state Agency conducting this Request for Bid.
Request for Bid
an intangible product, including actions, recommendations, plans, research,
customizations, modifications, documentation, and maintenance and support, including all
related materials necessary to fulfill that which the successful Bidder is obligated to
accomplish or provide under this RFB.
a descriptive statement of the physical, functional and performance characteristics of the
commodity or service required by the Procuring Agency. A Specification may be a
description of the physical or functional characteristics, or of the nature of a supply. It may
include a description of any requirement for inspecting, testing or preparing a supply item
for delivery, or the necessary performance criteria.
Notice of Award
Prime Contractor:
Procurement Manager:
Procuring Agency:
RFB:
Contractual Services or
Services:
Specification:
3
1. 2
Purpose and Scope of the Request for Bid
The Wisconsin Department of Justice is seeking bids for Medical-Forensic Evidence Collection Kits (formerly known as
Sexual Assault Evidence Collection Kits). These kits will be utilized by hospitals to collect forensic evidence during the
examination of sexual assault victims and suspects. The instructions and samples defined by the kit will yield consistent
forensic evidence collection regardless of which hospital is performing the examination. In turn, this will ensure that the
sexual assault evidence submitted to the Wisconsin State Crime Laboratory Bureau for analysis is collected in an optimal
and desired fashion. The forensic evidence collected and analyzed through the use of this Medical-Forensic Evidence
Collection Kit will offer critical investigative information to law enforcement agencies across the State of Wisconsin.
The Department of Justice does not guarantee it will purchase any specific quantity or dollar amount, but estimates ordering
approximately 6,000 kits per year, split into smaller orders placed as needed. Bids that require a minimum number of
commodities or services be ordered will be rejected.
1.3
Contract Term
This contract will run for an initial one (1) year period. The Procuring Agency and the Contractor, upon written mutual
agreement, may renew the Contract for up to an additional five (5) one-year periods. The Contract shall be effective on the
date it is executed by the Procuring Agency.
1.4
Modifications of Contract
The Contract must not be used for purchasing commodities or services outside of the general scope and intent of the
original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in
writing and signed by both parties or they will be void.
1.5
Order of Precedence
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid
response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by
the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the
Contract will result in the cancellation of the contract award.
In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:




1.6
Official Purchase Order
Final Signed Contract with clarifications included
Bid Response as accepted by the State of Wisconsin
Request for Bid
Cooperative Purchasing Services
Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor
Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on
Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same
rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status
of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting
contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333
attached to this RFB).
4
2.0
BIDDER QUALIFICATIONS AND REQUIREMENTS
ALL BIDDER QUALIFICATIONS IN THIS SECTION ARE MANDATORY. FAILURE TO MEET A QUALIFICATION WILL DISQUALIFY YOUR
BID. HOWEVER, THE PROCURING AGENCY RESERVES THE RIGHT TO WAIVE ANY QUALIFICATION IF NO BIDDER IS ABLE TO
SATISFY THAT QUALIFICATION.
BEFORE THE AWARD OF ANY CONTRACT, THE DEPARTMENT SHALL BE SATISFIED THAT THE BIDDER HAS SUFFICIENT QUALIFIED
RESOURCES AVAILABLE FOR PERFORMING THE WORK DESCRIBED IN THIS BID. IT IS THE BIDDER’S RESPONSIBILITY TO ACQUAINT
THE DEPARTMENT WITH THESE QUALIFICATIONS BY SUBMITTING APPROPRIATE OR SUPPORTING DOCUMENTATION.
2.1
Authorized Dealer
Vendor must be an authorized dealer of all products included in the Medical-Forensic Evidence Collection Kits.
2.2
Prototype
Two (2) prototype/samples of Medical-Forensic Evidence Collection Kit assembled in accordance with Section 3.0
specifications must be provided at the time of bid. Any bids received without the required prototypes will be disqualified.
3.0
MANDATORY REQUIRED SPECIFICATIONS OF BID
All requirements in this section are mandatory unless otherwise stated. The following requirements must be met at no additional
cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise
stated. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able to
meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most
closely meets the requirements specified in this RFB.
3.1
Kit Box: Each Medical-Forensic Evidence Collection Kit must be contained in its own box, sufficient to hold the
contents described below. The box must have a fully removable lid. Width ends of box top must be pre-sealed by
vendor with integrity sealing flaps and imprinted "INTEGRITY SEAL TO BE OPENED BY AUTHORIZED
PERSONNEL ONLY".
The top, length, and width sides of box must be imprinted with black ink with the art pictured in Attachment 1. A
unique identifying number will be printed on outside left end of each kit box (15-0001 through 15-6000)
*NO expiration date can be printed on the outside kit box.(lot # is OK)
3.2
Contents of Kit: Each Medical-Forensic Evidence Collection Kit must contain the following items in the order
specified here.
3.2.1
Swab Drying Rack: The swab drying rack must be made of collapsible cardboard or cardstock and provide four
(4) punch through holes for vaginal swabs and two (2) punch through holes for each of the following types of
swabs: cervical, dried secretions, anal, oral, skin to skin, mons pubis, external genital, and penis.
The swab drying rack must fit comfortably within the kit box when collapsed. If possible, it should friction fit
within the lid of the kit box for added stability while in use.
Artwork for the swab drying rack is pictured in Attachment 2.
3.2.2
Police Evidence Seals: Each box must contain two (2) police evidence seals capable of resealing the kit box after
evidence collection. An example of these seals is shown in Attachment 3, section B.
3.2.3
Biohazard Label: Each box must contain one (1) biohazard label with peel and stick backing. An example of this
label is shown in Attachment 3, section C.
5
3.2.4
Toxicology Label: Each box must contain one (1) toxicology label with peel and stick backing. Artwork for this
label pictured in Attachment 3, section A.
3.2.5
Medical-Forensic Evidence Collection Kits Instruction Sheet: Each box must contain one (1) Medical-Forensic
Evidence Collection Kit Instruction sheet printed front and back on 8 ½ x 14 white paper. See Attachment 4.
3.2.6
Wisconsin Crime Lab Information Sheet: Each kit must contain one (1) Wisconsin Crime Lab
Information Sheet printed front and back on 8 ½ x 14 white paper. See Attachment 5.
3.2.7
Pre-void External Genital Wipe: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide. The envelope must contain one 4x4 sterile gauze pad.
The outside of the envelope must be printed with the artwork pictured in Attachment 6.
3.2.8
Oral Swabs, Smear, and Floss: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
•
•
•
Twelve (12) inches of unwaxed dental flows
One (1) plastic single slide mailer
One (1) frosted-on-one-end microscope slide with label “ORAL” affixed the frosted end
One (1) collapsible swab box with air hole punched, printed with artwork.
Two (2) packages DNA Free plastic shaft cotton swabs, approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope and the swab box must be printed with the artwork pictured in Attachment 7.
3.2.9
Buccal Cell Standard (DNA): One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
One (1) collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages of DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs
must be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 8.
3.2.10
Fingernail Evidence: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
•
Two (2) collapsible swab boxes with air holes punched (plain, no artwork).
One (1) self-sealing envelope labeled Left Hand
o Left hand envelope must contain:
o One (1) paper bindle
o Two (2) DNA Free fine tipped/tapered-tipped cotton swab with plastic shaft OR sterile cotton
tapered swab.
One (1) self-sealing envelope labeled Right Hand
o Left hand envelope must contain:
o One (1) paper bindle
o Two (2) DNA Free fine tipped/tapered-tipped cotton swab with plastic shaft OR sterile cotton
tapered swab.
The outside of the envelope must be printed with the artwork pictured in Attachment 9.
6
3.2.11
Skin to Skin Contact: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
One (1) collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 10.
3.2.12
Debris: One open-end style white self-sealing envelope, approximately 7 ½ inches long by 5 inches wide.
The outside of the envelope must be printed with the artwork pictured in Attachment 11.
3.2.13
Dried Secretions: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
One (1) collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 12.
3.2.14
Public Hair Combings: One open-end style white self-sealing envelope, approximately 7 ½
inches long by 5 inches wide containing the following:
•
•
One (1) swabbie towel
One (1) 5 inch black plastic comb (pocket style)
The outside of the envelope must be printed with the artwork pictured in Attachment 13.
3.2.15
Pubic Hair Standards or Mons Pubis Swabs: One open-end style white self-sealing envelope,
approximately 7 ½ inches long by 5 inches wide containing the following:
•
•
•
One (1) swabbie towel
One (1) swab collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 14.
3.2.16
External Genital Swabs: One open-end style white self-sealing envelope, approximately 7 ½ inches long
by 5 inches wide containing the following:
•
•
One (1) collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 15.
3.2.17
Vaginal Swabs and Smear: One open-end style white self-sealing envelope, approximately 7 ½ inches
long by 5 inches wide containing the following:
•
•
One (1) collapsible swab box with air hole punched, printed with artwork.
Four (4) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
7
•
•
One (1) single slide mailer
One (1) frosted-on-one-end microscope slide with the label “VAGINAL” affixed to the frosted end of the
slide
The outside of the envelope and the swab box must be printed with the artwork pictured in Attachment 16.
3.2.18
Cervical Swabs and Smear: One open-end style white self-sealing envelope, approximately 7 ½ inches
long by 5 inches wide containing the following:
•
•
•
•
One (1) collapsible swab box with air hole punched, printed with artwork.
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
One (1) single slide mailer.
One (1) frosted-on-one-end microscope slide with the label “CERVICAL” affixed to the frosted end of
the slide.
The outside of the envelope and the swab box must be printed with the artwork pictured in Attachment 17.
3.2.19
Penis Swabs: One open-end style white self-sealing envelope, approximately 7 ½ inches long by 5 inches
wide containing the following:
•
•
One (1) collapsible swab box with air hole punched (plain, no artwork).
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
The outside of the envelope must be printed with the artwork pictured in Attachment 18.
3.2.20
Anal Swabs and Smear: One open-end style white self-sealing envelope, approximately 7 ½ inches
long by 5 inches wide containing the following:
•
•
•
•
One (1) collapsible swab box with air hole punched, printed with artwork.
Two (2) packages DNA Free plastic shaft cotton swabs approximately 5 ¾ inches long. The swabs must
be Puritan brand or equivalent.
One (1) single slide mailer
One (1) frosted-on-one-end microscope slide with the label “ANAL” affixed to the frosted end of the
slide
The outside of the envelope and the swab box must be printed with the artwork pictured in Attachment 19.
8
4.0
SPECIAL TERMS AND CONDITIONS OF BID
The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The bidder
may not submit its own contract document as a substitute for the State’s Special Terms and Conditions.
Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional
language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to
any of the terms and conditions will occur only if the change is in the best interest of the State.
4.1
Payment Terms
Payment will not be made until the Medical-Forensic Evidence Collection Kits are determined to meet all specifications,
requirements and deliverables and has been accepted by the Department of Justice.
4.2
Equivalency of Swabs
All swabs used in the Medical-Forensic Evidence Collection Kits must be Puritan brand, DNA Free swabs or equivalent.
DOJ will be the sole determiner of equivalence.
4.3
Certificates of Insurance
At the time that the Notice of Intent to Award is issued, the winning Vendor will be required to provide copies of applicable
insurance certificates. The Agency will evaluate all insurance certificates for compliance. Should the Contractor not provide
the appropriate Certificates of Insurance within 60 days of the State’s issuance of the Notice of Intent to Award, the
Contractor shall be given an additional seven days to comply. Should the appropriate Certificates of Insurance not be
received within that time, the State reserves the right to cancel the award or contract and make another award.
The Certificates of Insurance must be provided as stated herein to:
Wisconsin Department of Justice
Bureau of Budget and Finance
Elizabeth Behnke, Purchasing Agent
17 West Main Street
P.O. Box 7857
Madison, WI 53707-7857
4.4
Cancelation and Termination
4.4.1
Termination for Cause
The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written
notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.
The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar
days notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.
Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released
from all obligations to the other party arising after the date of termination or expiration, except for those that by
their terms survive such termination or expiration.
4.4.2
Termination for Convenience
Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by
providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least one
hundred and twenty (120) to the State in advance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees
owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event,
compensation for such partially completed Services shall be no more than the percentage of
completion of
the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion
of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may
be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services
9
paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor
requesting the refund.
4.4.3
Contract Cancelation
The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:
• Fails to perform any material obligation required under the Contract
• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity
• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day
notice.
• Makes an assignment for the benefit of creditors
• Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes
• Incurs a delinquent Wisconsin tax liability
• Fails to submit a non-discrimination or affirmative action plan as required here in
• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the
Wisconsin Statutes (Wisconsin’s Fair Employment Law)
• Becomes a federally debarred Contractor
• Is excluded from federal procurement and non-procurement contracts
• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this
Contract
• Fails to maintain the confidentiality of the State’s information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information
• Contractor performance threatens the health or safety of a State employee or State customer.
5.0
PRICING STRUCTURE AND PRICE SHEET INSTRUCTIONS
5.1
Method of Bid
The Bidder must submit a net unit price and, if applicable, an extended net total for each item specified. Prices must be in
U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.
5.2
Price Sheet Instructions
Bidder must complete the attached Price Sheet (Attachment 20). Bidders may not alter the Price Sheet in any manner.
Alternate pricing formats will not be accepted and may result in the disqualification of the bid.
5.3
Requesting Price Adjustments
Any price decreases from the manufacturer or supplier that are passed through to the Bidder are required to be passed to the
Agency within 30 days of the effective date of the price decrease.
6.0
BID PROCEDURE AND INSTRUCTIONS
6.1
Calendar of Events
Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event
that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it
will do so by posting an amendment to this RFB on VendorNet.
EVENT
Date of Issue of the RFB.
Date Questions Due
Responses to Questions Posted to VendorNet
Bids Due from Bidders
Anticipated Award Date
Contract Start Date
6.2
DATE
July 7, 2015
July 22, 2015 at 2:00PM
July 23, 2015 at 2:00PM (or earlier)
August 6, 2015 at 2:00PM
August 20, 2015
Upon Successful Execution of Contract
Correspondence, Clarification, and Questions
10
Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by July 22,
2015. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy,
omission, or other deficiency in this RFB, the Bidder must immediately notify the Procuring Agency representative named
below of the issue in writing and request modification or clarification of the RFB document.
All communication and/or questions on all matters regarding this Bid must be made in writing via email to Elizabeth
Behnke at [email protected]
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB,
supplements or revisions will be posted on VendorNet (http://vendornet.state.wi.us).
All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except
Elizabeth Behnke, is strictly prohibited during the period from the date this RFB is released until the date the notice of
intent to award is issued. Elizabeth Behnke may authorize in writing contact or communication with another state employee
or officer as circumstances may dictate. Prospective Bidders who hold a current contract with the Procuring Agency may
continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current
contract only.
6.3
Reasonable Accommodations
Upon request, the DOJ must provide reasonable accommodations, including the provision of informational material in an
alternative format, for qualified individuals with a disability. If accommodations are needed please contact: Elizabeth
Behnke at 608-266-2609 or [email protected]
6.4
VendorNet Registration
Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all
businesses and organizations that wish to sell commodity and services to the State. By registering on VendorNet, a Bidder
may register for a bidders list for any commodity or service the Bidder is interested in providing to the State. VendorNet
also provides automatic email notification each time a Procuring State Agency, including University of Wisconsin System
campuses, posts a Request for Bid with an estimated value over $50,000 in their designated commodity and or service
area(s). Only registered Bidders with a valid email address at the time an RFB is posted will receive email notifications of
amendments. Bidders who obtain the RFB from a third party, through the State of Wisconsin Public Notices website or by
any other means assume responsibility for checking for updates to the RFB.
6.5
Submitting a Bid
Bidders must submit an original signed Bid, marked as stated below, and one copy of all materials required for acceptance
of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:
USPS ADDRESS
Elizabeth Behnke
Wisconsin Department of Justice
Bureau of Budget and Finance
PO Box 7857
Madison, WI 53707-7857
COMMON CARRIER ADDRESS
Elizabeth Behnke
Wisconsin Department of Justice
Bureau of Budget and Finance
17 West Main Street – 8th Floor
Madison, WI 53703
All Bids must be received and time-stamped at the above location no later than August 6, 2015 at 2:00PM CT. Bids not
time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute
receipt of a Bid by the DOJ Purchasing Office.
All Bids must be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside
of the package:
Vendor's Name and Address
Request for Bids Title: Medical-Forensic Evidence Collection Kits
Request for Bids Number: DOJ 2016-01
Bid Due Date: August 6, 2015 at 2:00PM CT
Hand Delivered Bids
The Department of Justice at 17 West Main Street in Madison has building security policies and procedures. There is a
security checkpoint at the first floor lobby. Security personnel will date stamp the bid and call the appropriate procurement
specialist. Bids stamped by the DOJ security guard will count as received at the time of the stamp.
11
6.6
Faxed Bids
Faxed bids will NOT be accepted.
6.7
Emailed Bids
Emailed bids will NOT be accepted.
6.8
Format of Bid Response
Bidders responding to this RFB must comply with the following format requirements:
6.8.1
Signed Request for Bid Sheet: Include the signed Request for Bid sheet (DOA-3070, front page of this document)
with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB shall 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. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.
By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the
vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without
consultation, communication or agreement with any other respondent or with any competitor for the purpose of
restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's
organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly
or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by
the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit
or not to submit a bid for the purpose of restricting competition.
6.8.2
Additional Information: Include the completed Vendor Information sheet (DOA-3477) and Vendor Reference
sheet (DOA-3478) and any other forms required in the bid. Include all additional information that shall be
essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory
documentation that would clarify and/or substantiate the bid document.
6.8.3
Price Information: Provide price information on the Price Sheet – Attachment 20, included in this RFB. All prices
for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in
this RFB shall be included. No alternate price formats will be accepted.
Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.
6.9
Multiple Bids
Multiple Bids are permitted. However, each separate Bid must conform fully to the requirements for a Bid submission.
Each bid must be submitted separately and labeled as Bid #1, Bid #2, etc.; on each page included of the Bid response.
6.10
Incurring Costs
Neither the State of Wisconsin nor the Department of Justice is liable for any costs incurred by the Bidder in responding to
this RFB.
7.0
BID ACCEPTANCE AND AWARD
7.1
Bid Opening
Bids will be opened at 9:00AM on August 7, 2015 at 17 West Main Street, Madison WI 53707, 8th Floor. The names of all
Bidders may be read aloud at that time.
7.2
Bid Review
All Bids will be reviewed by the DOJ’s Purchasing Agent to ensure compliance with submittal requirements. The DOJ
shall be the sole judge as to Bidders’ compliance with the Bid instructions.
7.3
Bid Acceptance
Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not
comply with Special Terms and Conditions of Bid may be rejected. DOJ in its sole discretion retains the right to accept or
reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.
12
7.4
Method of Award
The Bid Award will be made on the basis of the lowest responsive, responsible Bidder. Prices Bid must be in US dollars
unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified.
The DOJ will award to one Bidder, whichever is judged to be in the best interest of the State. The State is the sole
determinant of its best interests.
The Award will be based on low cost, successful reference checks, and ability to meet all qualifications mandatory
requirements.
7.5
Bidder References
The Bid response must include a completed Bidder Reference Form (DOA-3478) listing a minimum of four (4)
organizations with whom the Bidder has done business similar in size and scope to this RFB.
For each organization listed, the Bidder must include the company name, address, contact person, email address and
telephone number along with a brief description of the product or service that formed the basis of the business relationship.
The Procuring Agency will determine which references to contact in order to assess the quality of the product or service.
7.6
Subcontractors
The Contractor will be responsible for the contract performance of its subcontractors. The contract will be between the DOJ
and the awardee. The Contractor will be responsible for its subcontractors’ performance of the pertinent contract
obligations including related Specifications, insurance requirements and applicable regulations. The Bidder must identify
any potential subcontractor it intends to use to provide the product or service it will provide if awarded the contract. All
subcontractors must be approved in writing by the Procuring Agency. Any proposed substitution of an approved
subcontractor must be submitted in writing to the DOJ 30 days prior to implementation of the substitution, and include the
substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the
Department may result in cancellation of the contract without notice and without penalty to the State.
7.7
Supplier Diversity
7.7.1
Minority Owned Business Enterprise
Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This
program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.
The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin
statutes provide for a permissive 5% price preference for certified MBEs that compete for State contracts. This
means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified
bid is not more than 5% higher than the apparent low bid. (A MBE Bidder preference will not be considered on a
printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to
participate in the performance of its contracts. The Contractor is strongly urged to use due diligence to further this
policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services
incidental to this agreement.
The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such
businesses certified by the Wisconsin Supplier Diversity Program, their contract amount, and spend for each
period to the Procuring Agency.
A listing of certified MBEs, as well as the services and commodities they provide, is available at:
https://wisdp.wi.gov/search.aspx.
7.7.2
Veteran-Owned Business
The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide
purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue
impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants
must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at:
http://dva.state.wi.us There is no price preference for certified VBs that compete for State contracts.
7.7.3
Disabled Veteran-Owned Business
Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This
program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.
13
The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin
statutes provide for a permissive 5% price preference for certified DVBs that compete for State contracts. This
means that State agencies may make an award to the DVB submitting the lowest qualified bid when that qualified
bid is not more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a
printing or stationery procurement.) Policy provides that DVBs 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 DVBs or by using such enterprises to provide commodities and
services incidental to this agreement.
The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the identities of
such businesses certified by the Supplier Diversity Program and their contract amount.
A listing of certified DVBs, as well as the services and commodities they provide, is available at:
https://wisdp.wi.gov/search.aspx.
7.7.4
Woman-Owned Business Enterprise
Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This
program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.
State certified WBEs are able to provide both governmental entities and private companies with a credible
recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when
seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price
preference for certified WBEs that compete for State contracts.
A listing of certified WBEs, as well as the services and commodities they provide, is available at:
https://wisdp.wi.gov/search.aspx.
7.8
Award Notification
All Bidders who respond to this RFB with a Bid shall be notified in writing, via email, of the Agency’s intent to contract.
8.0
REQUIRED FORMS
The following is a list of forms pertaining to this RFB. An “X” preceding the form indicates that it must be completed and returned
with the Bid response.
X
X
X
X
X
X
X
Vendor Information
Bidder Reference form
Designation of Confidential and Proprietary Information
Vendor Agreement-Wisconsin’s Cooperative Purchasing Service
Standard Terms and Conditions
Request for Bid (bid cover sheet)
Other(s): Cost Sheet
DOA-3477
DOA-3478
DOA-3027
DOA-3333
DOA-3054
DOA-3070
Attachment 20
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