RFB S-0358 DHS-15

RFB S-0358 DHS-15
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R05/2014)
BIDS MUST BE SEALED & ADDRESSED TO:
AGENCY ADDRESS:
Reference Section 2.3 for Submission Address
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 #
S-0358 DHS-15
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
September 29, 2014 at 3:00 PM CT
Name (Contact for further information)
Jessica A Harlan, E-mail: [email protected]
Phone
Date
608 266-1138
September 5, 2014
Quote Price and Delivery FOB
DESTINATION
Fax bids are accepted
Description
Fax bids are not accepted
The Wisconsin Department of Health Services is requesting bids for FRESH BAKERY PRODUCTS, per
attached terms, conditions and specifications.
Before submitting this bid, be sure to include all requirements listed in Section 2.4. Bid prices must include
all costs for furnishing and delivering the products included in the bid in accordance with the terms and
conditions in this bid.
Ingredient lists and nutritional analysis per serving must be provided for each bid item on the Bid Form.
Products must be FREE of butter, milk and milk derivatives. Only 100% vegetable shortening/oil is
used during the entire production process of baking. No trans fats preferred.
Company’s places of operation and products must meet the approval standards of the American Institute of
Baking. In addition, both products and place(s) must meet all Federal, State, and Local Laws, Codes and
Regulations. Bidders must provide their current year certification for company’s place of operation(s) and
products meeting the approval standards of the American Institute of Baking.
Delivery Time
Payment Terms
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
Yes
No
Unknown
substantial part in the United States.
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
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the applicant organization) certifies to the best of his or
her knowledge and belief that the applicant defined as the primary participant in accordance with 2 CFR
Part 180, and its principals:
a) are not presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal department or agency.
b) have not within a three year period preceding this Bid been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public (Federal, State, or local)
transaction; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statement, or
receiving stolen property;
c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b)
of this certification; and
d) have not within a three year period preceding this application/bid had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Should the applicant not be able to provide this certification, an explanation as to why should be placed
after the transmittal letter.
The applicant agrees that it will include, without modification, the clause titled “Certification Regarding
Debarment, Suspension, In Eligibility, and Voluntary Exclusion Lower Tier Covered Transaction”.
Appendix to 2 CFR Part 180 in all lower tier covered transactions (i.e., transactions with subgrantees
and/or contractors) and in all solicitations for lower tier covered transactions.
By:
Date:
(Signature of Official Authorized to Sign Application)
For:
Name of Vendor
DUNS Number:
Dun & Bradstreet if applicable
TABLE OF CONTENTS
STATE OF WISCONSIN ................................................................................................................................... 1
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION ........................................................... 2
TABLE OF CONTENTS......................................................................................................................................... 3
1
GENERAL INFORMATION ......................................................................................................................... 5
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
2
PREPARING AND SUBMITTING BIDS ................................................................................................ 10
2.1
2.2
2.3
2.4
2.5
2.6
2.7
3
GENERAL INSTRUCTIONS .................................................................................................................. 10
INCURRING COSTS .......................................................................................................................... 10
SUBMITTING THE BID ...................................................................................................................... 10
BID ORGANIZATION AND FORMAT ..................................................................................................... 12
MULTIPLE BIDS .............................................................................................................................. 14
PRODUCT DEMONSTRATIONS AND SITE VISITS ..................................................................................... 14
WITHDRAWAL OF BIDS .................................................................................................................... 15
BID SELECTION AND AWARD PROCESS ........................................................................................... 16
3.1
3.2
3.3
3.4
3.5
4
INTRODUCTION ................................................................................................................................ 5
SCOPE ............................................................................................................................................ 5
CONTRACT QUANTITY/VOLUME .......................................................................................................... 5
PROCURING AND CONTRACTING AGENCY .............................................................................................. 6
DEFINITIONS ................................................................................................................................... 6
CLARIFICATION AND/OR REVISIONS TO RFB SPECIFICATIONS AND REQUIREMENTS ........................................ 7
REASONABLE ACCOMMODATIONS ....................................................................................................... 8
CALENDAR OF EVENTS ....................................................................................................................... 8
CONTRACT TERM ............................................................................................................................. 8
NUMBER OF CONTRACTS ................................................................................................................... 9
VENDORNET REGISTRATION ............................................................................................................... 9
PRELIMINARY REVIEW ..................................................................................................................... 16
RIGHT TO REJECT BIDS AND NEGOTIATE CONTRACT TERMS .................................................................... 16
METHOD OF AWARD ...................................................................................................................... 16
NOTIFICATION OF AWARD ................................................................................................................ 16
OTHER ELIGIBLE PARTIES ................................................................................................................. 17
BIDDER REQUIREMENTS ...................................................................................................................... 18
4.1
4.2
4.3
GENERAL REQUIREMENTS FOR BID RESPONSE ...................................................................................... 18
MANDATORY REQUIREMENTS........................................................................................................... 19
DELIVERY REQUIREMENTS ................................................................................................................ 20
4.4
5
COST SUBMISSION................................................................................................................................... 25
5.1
5.2
5.3
5.4
6
GENERAL INSTRUCTIONS ON COST SUBMISSION ................................................................................... 25
FIXED PRICE PERIOD ....................................................................................................................... 26
PRICE ADJUSTMENT ........................................................................................................................ 26
PRICE CLARIFICATIONS .................................................................................................................... 26
SPECIAL CONTRACT TERMS AND CONDITIONS ............................................................................ 27
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
7
REFERENCES AND VENDOR STATEMENT(S) .......................................................................................... 23
PAYMENT TERMS AND SCHEDULE ...................................................................................................... 27
FACILITY SECURITY .......................................................................................................................... 27
FRATERNIZATION ............................................................................................................................ 28
PRIME CONTRACTOR AND SUBCONTRACTORS ...................................................................................... 28
LIQUIDATED DAMAGES .................................................................................................................... 28
SUPPLIER DIVERSITY........................................................................................................................ 28
EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT ................................................................... 30
TERMINATION OF CONTRACT ............................................................................................................ 30
STANDARD TERMS AND CONDITIONS.................................................................................................. 30
POST AWARD REQUIREMENTS .......................................................................................................... 32
7.1
7.2
AFFIRMATIVE ACTION ..................................................................................................................... 32
CIVIL RIGHTS COMPLIANCE .............................................................................................................. 32
1
1.1
GENERAL INFORMATION
Introduction
The Wisconsin Department of Health Services (DHS) Division of Mental Health and Substance Abuse
Services (DMHSAS) and Division of Long Term Care, (DLTC), through its Bureau of Strategic
Sourcing (BSS) requests bids to establish a contract for the purchase of Fresh Bakery Products,
delivered.
1.2
Scope
Four DHS Centers and Facilities are seeking a contract for purchase of Fresh Bakery Products, delivered
weekly to each location. The locations include:
1. Winnebago Mental Health Institute (WMHI), 1300 South Drive, Winnebago, WI 54985-0009
2. Mendota Mental Health Institute (MMHI), 301 Troy Drive, Madison, WI 53704-1599
3. Central Wisconsin Center (CWC), 317 Knutson Drive, Madison, WI 53704-1133
4. Sand Ridge Secure Treatment Center (SRSTC), 1111 North Road, Mauston, WI 53948
At some time during the life of the contract the following locations may need to order products from the
awarded vendor(s):
Southern Wisconsin Center (SWC), 21425 Spring Street, Union Grove, WI 53182-9708
Northern Wisconsin Center (NWC), 2820 East Park Avenue, Chippewa Falls, WI 54729
NOTE: Bidders must agree to deliver to other DHS locations, as requested, at the same bid price.
1.2.1 Current Operations
All the DHS Centers and Facilities operate 24/7/365. The Food Service Administrator, or their designee,
at each facility using the contract will administer the contract.
WMHI has their own bakery operation, but is not able to produce all bakery products needed for their
menus. All other locations use commercially prepared bakery products only. Facilities may require a
period of routine deliveries when their own bakery equipment isn’t operating or there is a planned
construction project in their department that won’t allow for any fresh bakery production.
1.3
Contract Quantity/Volume
Approximate fresh bakery purchases within the last year: $65,000 for all four locations. The projected
value of the contract resulting from this solicitation is approximately $200,000 over the three-year
lifespan. Reference DHS Bakery Bid Price worksheet for estimated monthly purchase amounts.
1.3.1 Orders
Bids that require the Department to guarantee orders of a specific quantity or dollar amount may be
disqualified. The Department will not guarantee any specific quantities nor will it commit to any
minimum orders; however, each location must order 1 full ordering unit, i.e. 1 loaf, 1 pkg of 30 count, 1
pkg of 12 count, etc.
Specific order types may be issued to the Contractor:
•
Purchase Order(s): issued as one-time orders.
•
Blanket Purchase Order(s): issued for a specified period of time, to allow departmental
personnel to issue releases against the blanket purchase order(s) as needed.
•
Purchase Orders may be sent by US mail, phone, fax, internet, etc.
Additional fresh bakery products may be added to the resulting contract at the discretion of DHS
Purchasing. Prices shall be in line with the established contract prices for like products.
1.3.2 Electronic Commerce/Online Ordering
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce”
opportunities that may be offered by the Vendor. All electronic orders shall receive contract pricing
and/or discounts. Vendors should indicate what, if any E-Commerce options they offer.
1.4
Procuring and Contracting Agency
This RFB is issued by the Wisconsin Department of Health Services, which is the sole point of contact
for the State of Wisconsin during the selection process. The person responsible for managing the
procurement process, referred to hereafter as the Procurement Manager, is Jessica A Harlan (See Section
1.6).
1.5
Definitions
The following definitions are used through the RFB:
Agency, Department, or DHS means the Wisconsin Department of Health Services.
Agreement and Contract (used interchangeably) means the final written contract negotiated between
DHS and the contractor.
Client means a person under the custody or supervision of the Wisconsin Department of Health Services
Contractor means bidder or vendor awarded final contract.
Subcontractor means a third party who contracts with the awarded contractor for the provision of
services, which the contractor has contracted with the Department to perform.
Technical Bid means the vendor’s bid not including the Cost Bid.
Bidder/Vendor means a firm submitting a bid in response to this RFB.
State means the State of Wisconsin.
1.6
Clarification and/or Revisions to RFB Specifications and Requirements
Any questions concerning this RFB must be submitted in writing to Jessica A Harlan, Procurement
Manager at [email protected]
Written questions must be submitted by 09/15/14 no later than 3:00 PM CT. All questions are to be
submitted in non-protected text format with the following subject line listed below:
Subject Line: Question S-0358 DHS-15 – Company Name
Telephone questions will not be accepted. Any oral responses, information, dates, and/or technical
assistance received by a prospective Bidder from the Department or Department staff shall not, in any
manner whatsoever and whether before or after the release of this RFB, be binding on the State of
Wisconsin, unless followed-up and explicitly confirmed and stated in writing by the State. Bidders are
cautioned that only formal addenda issued via VendorNet are binding.
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB
document at this point in the RFB process. If a vendor discovers any significant ambiguity, error,
conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should notify immediately
the above named individual of such error and request modification or clarification of the RFB.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise
any part of this RFB, revisions/amendments and/or supplements will be provided through the State
VendorNet system. Each bid shall stipulate that it is predicated upon the requirements, terms, and
conditions of this RFB and any supplements or revisions thereof.
From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the Department
of Health Services regarding this RFB shall be made through Jessica A Harlan of the Bureau of Strategic
Sourcing/Purchasing Office unless otherwise noted in the RFB. Phone calls to state staff regarding this
procurement are not permitted during the procurement process. Violation of these conditions may be
considered sufficient cause for automatic rejection of a Bid.
1.7
Reasonable Accommodations
The Department will provide reasonable accommodations, including the provision of informational
material in an alternative format for qualified individuals with disabilities upon request. If a vendor
needs accommodations at the outset of this RFB process, please contact the Procurement Manager (See
Section 1.6).
1.8
Calendar of Events
Listed below are specific and estimated dates and times of actions related to this Request for Bid (RFB).
The actions with specific dates must be completed as indicated unless otherwise changed by the State.
In the event that the State finds it necessary to change any of the specific dates and times in the calendar
of events listed below, it will do so by issuing an amendment to this RFB. There may or may not be a
formal notification issued for changes in the estimated dates and times.
Date
Event
09/05/14
Date of issue of the RFB (Posted to VendorNet)
09/15/14 by 3:00 PM CT
Written Inquiries Due: deadline for submitting written inquires, questions,
and requests for clarification
09/18/14 (estimated)
Inquiry Postings Due: State deadline for VendorNet posting of answers to
submitted written inquiries
09/29/14 by 3:00 PM CT
Bids Due: late bids will not be accepted
10/06/14
Notification of intent to award
11/01/14
Contract Start Date
1.9
Contract Term
The contract shall be effective on the date indicated on the purchase order or the contract execution date
and shall run for one year from that date, with an option by mutual agreement of the agency and
contractor, to renew for two, one-year terms.
Any Contract resulting from this RFB shall not be, in whole or in part, subcontracted, assigned, or
otherwise transferred to any other Contractor without prior written approval from the Department.
1.10 Number of Contracts
It is the intention of the Department to award a single contract for the products and services required in
this RFB. However, the contractor(s) shall not have exclusive rights to provide all services covered
under the contract during the term of the contract(s) or any extension thereof.
1.11 VendorNet Registration
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell and/or provide payable services to the State. Anyone may
access VendorNet on the Internet at http://vendornet.state.wi.us to receive 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 website address for inclusion on the bidders list for goods and services that
the organization wants to sell to the State. A subscription with notification guarantees the organization
will receive an e-mail message each time a state agency, including any campus of the University of
Wisconsin System, posts a request for bid or a request for proposal in their designated
commodity/service area(s) with an estimated value exceeding $50,000. Organizations without Internet
access receive 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 as they are registered with the VendorNet system.
2
2.1
PREPARING AND SUBMITTING BIDS
General Instructions
The selection of a contractor will be based on the information submitted in the vendor's bid and may
include references and any required on site visits or oral interviews. Failure to respond to each of the
requirements in the RFB may be the basis for rejecting a response.
Elaborate bids (e.g., expensive artwork, illustrations, advanced modeling techniques, etc.) beyond what
is sufficient to present a complete and effective vendor bid are not necessary or desired.
2.2
Incurring Costs
The State of Wisconsin is not liable for any cost incurred by bidders in replying to this RFB.
2.3
Submitting the Bid
Bidders must submit Bids in strict accordance with the requirements set forth in this section. All
materials must be submitted to:
COMMON CARRIER ADDRESS:
USPS ADDRESS:
Department of Health Services
Department of Health Services
Attn: Jessica A Harlan, Procurement Manager
Attn: Jessica A Harlan, Procurement Manager
1 W. Wilson St., Rm 655
1 W. Wilson St., Rm 655
Madison, WI 53703
PO BOX 7851
Madison, WI 53703
All materials must be received in the prescribed formats by 09/29/14 no later than 3:00 PM CT.
All bids must be stamped as accepted by the Procurement Manager or designee. Receipt of a Bid by the
State mail system does not constitute receipt of a Bid by the Purchasing Office, for the purposes of this
RFB. No bids are allowed to be submitted by fax or email; any bid submitted by fax or email will be
rejected.
To ensure confidentiality of the document, all bids must be packaged, sealed and show the following
information on the outside of the package:
—Bidder's name and address
—Request for Bid title
—Request for Bid number
—Request for Bid due date
There are two components needed for complete submission of the Bids: Paper (Hard Copies) and
Electronic. Both components are due to the address above by the stated date and time. The following
submission requirements must be followed for each of the components:
Paper (Hard Copy) Bid Components
This component must contain the original and two paper copies of the entire Bid response (Section 2.4)
including any proprietary information.
Electronic Bid Components
In addition to the paper documents described above, the Bid must be submitted in non-password
protected PDF format on reproducible CDs recorded and labeled as follows:
Disc One must contain the entire Bid response including any proprietary information and have the
following label affixed to the disc:
Bid response – Proprietary Information Included
Procurement Title
Name of Bidder
RFB S-0358 DHS-15
Disc Two must contain the entire Bid response excluding the proprietary information reported on the
Designation of Confidential and Proprietary Information form (DOA – 3027). Note: The Department in
responding to open records requests will release the information on this disc. It is the sole responsibility
of the Bidder to ensure that there is no conflict between the Designation of Confidential and Proprietary
Information form (DOA – 3027) and the information provided on this disc. The following label must be
affixed to the disc:
Bid response – Proprietary Information Excluded
Procurement Title
Name of Bidder
RFB S-0358 DHS-15
2.4
Bid Organization and Format
Bids must be organized into clearly delineated sections, as shown below. Each heading and subheading
should be separated by tabs or otherwise clearly marked. The State reserves the right to exclude any
responses from consideration that do not follow the required format as instructed below.
The Bid response should be typed and submitted on 8.5 x 11 inch paper bound securely. The bid should
be well organized and each page marked by a page number, the name of the responding vendor, and the
RFB number (S-0358 DHS-15). Font size and style throughout the submission should be 12-point font
or greater.
The Bid submission must respond to the requested information in each of the following sections and
subsections, and responses should be clearly labeled with the following bolded headings and
subheadings and be presented in the following order:
TAB 1 – Bidder Table of Contents
TAB 2 – Bidder Forms
Cover Sheet, Request for Bid Form DOA-3070 (Page 1)
Certification Regarding Debarment and Suspension (Page 2)
Vendor Information Form DOA – 3477
Designation of Confidential and Proprietary Information Form DOA – 3027
Cooperative Purchasing Form DOA – 3333
Cost Submission – DHS Bakery Bid Price worksheet
Transmittal Letter
Transmittal Letter
A transmittal letter must accompany the RFB package. It must be on official business letterhead of the
prime Vendor submitting the Bid, and must be signed in ink by an individual authorized to legally bind
the Bidder.
The Transmittal Letter must stipulate the following:
•
The Bidder is the Prime Vendor and is a corporation or other legal organization;
•
Services that the Vendor intends to sub-contract to another entity;
•
No attempt has been made or will be made by the Bidder to induce any other person or firm
to submit or not to submit a Bid;
•
Bidder certifies they have not directly or indirectly, entered into any agreement or
participated in any collusion or otherwise taken any action in restraint of free competition;
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.
•
The Bid is valid for a minimum of 60 days from the Bid due date;
•
The person signing this letter and all RFB documents is authorized to make decisions on
behalf of the Bidding organization and that the person has not participated, and will not
participate, in any action contrary to this statement;
•
Assurance that the Bidder will agree to execute and fulfill a contract according to the
conditions and terms specified in this RFB;
•
That the Bid is predicated upon the requirements, terms, and conditions of this RFB, the
posted Questions and Answers, all its attachments, and any supplements or revisions thereof;
and
•
That an individual authorized to legally bind the Bidder has signed this Transmittal Letter.
TAB 3 – Bidder Information
The following documentation items should be included for review in this section:
References Disclosure and Financial Statement(s)
Include the Vendor Reference form (DOA – 3478) in this section and Vendor Statement(s) as per
Section 4.4.
TAB 4 – Response to Bidder Requirements
Provide a response to the requirements specified in Section 4 Bidder Requirements. Responses should
be in the same sequence as they appear in this RFB and be numbered as they appear in the RFB.
TAB 5 – Glossary and Additional Information (Optional)
Provide a glossary of all abbreviations, acronyms, and technical terms used to describe the services or
products presented. This glossary should be provided even if these terms are described or defined at
their first use in the bid response.
Include any additional information that will be essential to an understanding of the bid response. This
might include diagrams, ingredients labels, excerpts from manuals, or other explanatory documentation
that would clarify and/or substantiate the bid submittal. Any material included here should be
referenced elsewhere in the document and labeled with the name of the RFB section that the additional
information is supporting.
2.5
Multiple Bids
Multiple bids from a vendor will be permissible; however, each bid must conform fully to the
requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid
#2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple
bids.
2.6
Product Demonstrations and Site Visits
Bidders may be required to participate in demonstrations and/or site visits to support and clarify their
bids, if requested by the Department. The Department will make every reasonable attempt to schedule
demonstrations and site visits at a time and location that is agreeable to the bidder. Failure of a bidder to
complete a demonstration and/or permit a site visit on the date scheduled may result in rejection of the
vendor's bid.
The successful demonstration of the Bidder's product(s) and/or service(s) does not constitute acceptance
by the State.
2.6.1 Samples and Testing
Bidder may be required to submit at no-charge; postage-paid, non-returnable samples upon request after
bids are opened. Samples will be used for bid evaluation purposes or verification of the product bid. If
awarded, final product must be equivalent or better than samples provided. DHS will be sole judge of
products equivalency. All samples become the property of DHS.
If product samples are requested, all samples must be clearly labeled as “Bid Sample” and identified
with the bidder’s name, bid number, and item description. All product samples are to be delivered as
instructed on the sample request letter. Do not send samples with bid response. Failure to submit the
required product sample(s) by the date, time and location specified in the product sample request letter,
may result in the disqualification of the bid.
Product samples will be evaluated by the DHS for, but not limited to, flavor, color, texture, nutritional
content, ingredients, packaging and customer and/or food service staff taste-testing preference. All
product samples shall be evaluated in an identical manner to determine whether the products delivered
conform to the specifications. Bidders will not be allowed to attend or participate in the sampling.
If, in the opinion of the Test Panel, the product sample does not meet the evaluation criteria, the product
bid will be eliminated from further bid consideration. DHS shall be the sole judge of acceptability.
2.6.2 Site Visits
Bidder may request to visit the delivery locations prior to submitting a bid to assure themselves and the
Department that they fully understand all requirements of the bid. No additional charges shall be
allowed by the Contractor for lack of information or misunderstanding information if the Bidder chooses
not to attend the site visits. Any Vendor request to visit a delivery dock area prior to the bid opening
must be requested and approved through DHS Purchasing (See Section 1.6).
2.7
Withdrawal of Bids
Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid
in writing at any time up to the bid closing date and time or upon expiration of 72 hours after the
deadline for submission if received by the RFB Procurement Manager. To accomplish this, the written
request must be signed by an authorized representative of the bidder and submitted to the RFB
Procurement Manager. If a previously submitted bid is withdrawn before the deadline for submission,
the bidder may submit another bid at any time up to the bid closing date and time.
3
3.1
BID SELECTION AND AWARD PROCESS
Preliminary Review
The purpose of the preliminary review is to determine if each bid is sufficiently responsive to the RFB to
constitute a valid submission. Bids must comply with the instructions to vendors contained in this RFB.
Failure to comply with the instructions may cause the bid to be rejected without further consideration.
The state reserves the right to waive any minor irregularities in the bid.
3.2
Right to Reject Bids and Negotiate Contract Terms
The State reserves the right to reject any and all bids. The State may negotiate the terms of the contract,
including the award amount, with the selected bidder prior to entering into a contract. If contract
negotiations cannot be concluded successfully with the lowest cost bidder, the agency may negotiate a
contract with the next lowest cost bidder.
3.3
Method of Award
The State will compile and abstract the cost for each bid submitted in response to this solicitation.
Award(s) shall be made on the basis of the lowest cost submission from a responsive and responsible
bidder as defined in Wisconsin Administrative Code 6.01(9).
State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or
certified Disabled Veteran-Owned Business (DVB) firms submitting the lowest cost, qualified bid when
that qualified bid is not more than 5% higher than the apparent low bid. Authority for this program is
found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and
560.036(2), Wisconsin Statutes.
3.4
Notification of Award
All vendors who respond to this RFB will be notified in writing of the Department’s award of the
contract as a result of this RFB.
After the notification of award is made and under the supervision of agency staff, copies of all bids, with
the exception of any and all materials deemed to be confidential and proprietary information, will be
available for public inspection from 8:00 a.m. to 4:00 p.m. at 1 W. Wilson St., Room 655, Madison, WI
53703. Vendors should schedule reviews with Jessica A Harlan (See Section 1.6).
3.5
Other Eligible Parties
State of Wisconsin agencies, Wisconsin municipalities, other affiliated institutions and non-profit
organizations specifically linked by their mission to the Department of Health Services, may desire to
purchase from this contract. Upon mutual agreement of both the bidder and the Department, the same
pricing, terms, and conditions, resulting from this RFB may be extended to other eligible parties as
described above and/or the entities as defined in Wisconsin’s Cooperative Purchasing Service Vendor
Agreement DOA – 3333 (Reference TAB 2 – Bidder Forms).
4
BIDDER REQUIREMENTS
These requirements listed in this section should be for informational purposes and/or to confirm
compliance with the requirements and cannot be scored or evaluated.
4.1
General Requirements for Bid Response
The Bidders response to this Section must clearly demonstrate the capacity to handle the needs stated in
this RFB in addition to the Bidders current workload. The State reserves the right to request
supplementary information deemed pertinent to assure Bidders competence, business organization, and
financial resources are adequate to successfully perform. This determination is at the sole discretion of
the Department and by submitting a bid for this RFB the bidder agrees to these terms.
Requirements that include the word "must" or "shall” describe a mandatory requirement. Failure to meet
a mandatory requirement may disqualify your bid. The awarded bidder must perform the required work
in accordance with all federal, state, and local rules and regulations.
To complete Section 4 of the bid response, Bidder must:
1) provide an affirmative or negative response by checking YES or NO for each requirement
where indicated;
2) describe how the specifications will be met and/or provide additional information where
requested and;
3) complete any required form(s).
Only bids submitted by Bidders that meet all mandatory specifications will be considered for
review. However, if no bidder is able to comply with a given specification, condition of bid or provide
a specific item, the state reserves the right to delete that specification, condition of bid or item.
Additional requirements may apply upon contract execution, specific to the services being provided. By
checking YES bidder is agreeing to the terms and conditions of the requirement whether actual or
implied after the execution of a contract. If supplemental materials will be provided, clearly mark all
supplements with the corresponding section number.
NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject a bid.
Format your response to correspond numerically with items on the Submittal Instruction (See Section
2.4).
4.2
Mandatory Requirements
Bidders responding to this RFB must agree to comply with the following minimum requirements:
4.2.1 Specifications
All bakery products shall be fresh and never frozen. Bakery must be free of butter, milk, or milk
derivatives. Only 100% all vegetable shortening/oil shall be used during the entire production process of
baked goods, including pan release. Zero grams trans-fat per serving is preferred.
Packaging must comply with all regulations and standard practices as they apply to institutional food
service use. If twist ties are used to close the package they cannot contain any metal or product that can
conduct electricity.
Bread racks must be free of any metal construction materials. Racks containing removable metal support
bars will not be allowed. Bread racks completely constructed from plastic are required.
Note: Reference DHS Bakery Bid Price worksheet for each product required and product specifications.
Unless noted, it will be assumed the product bid is in compliance with specifications and packaging is as
requested. Any deviations or exceptions must be noted on the DHS Bakery Bid Price worksheet.
4.2.2 Yes
No
Bidder must be in the business of providing bakery products on a commercial basis and must have done
so for the past three years.
4.2.3 Yes
No
Vendor product ingredient lists and nutritional analysis per serving shall be provided for each bid item
listed on the bid form. Indicate on each page of the product information sheets, which bid item number
the information applies to. Enter your company’s name on each vendor product information sheet.
4.2.4 Yes
No
One time product substitutions shall not acceptable in this contract without prior approval by the
ordering facility. Adding new products and deleting products must be negotiated with the Contract
Manager prior to product change. Product samples may be requested and provided at no charge prior to
the approval of any new products.
4.2.5 Yes
No
Bidder’s place of operation and products shall meet the approval standards of the American Institute of
Baking and must show evidence of current year’s certification. In addition, both products and places
must meet all Federal, State, and Local Laws, Codes and Regulations.
4.2.6 Experience and Qualifications (Optional)
Bidder may provide a written statement limited to three pages demonstrating the bidder’s competency in
the delivery of the requirements above as well as how the bidder is able meet the requirements
successfully.
4.3
Delivery Requirements
Bidders responding to this RFB must agree to comply with the following delivery requirements:
4.3.1 Delivery Schedule
Because of the industry, fresh bakery deliveries will not be routinely requested on Wednesday or
Sundays. Current delivery schedules are listed below. DHS Centers and Facilities reserve the right to
change this schedule as deemed necessary by the location. When possible, DHS will provide a minimum
of 30 day notice prior to adding a new routine delivery location, or deleting a current delivery location.
Deliveries shall be made as often as necessary to maintain proper inventory levels and product freshness.
This may require deliveries to be made on a daily basis. Unless otherwise instructed, all products will be
delivered F.O.B. destination to each individual location listed and any additional locations if requested
by DHS. Bidder agrees that the DHS Centers and Facilities reserve the right to change the delivery
schedule as necessary to meet the needs of the individual locations.
DHS Food Production personnel at each location will determine the delivery schedule and allowable
time windows for delivery. Deliveries will not be accepted later than 3:00 P.M., unless other hours are
requested by the individual location. The awarded vendor will be required to provide 24 hour notice of
any delays in delivery from scheduled delivery date.
The current fresh bakery delivery schedule is:
Mon
CWC
MMHI
xx
xx
SRSTC WMHI
xx
Tues
Wed
Thurs
Fri
xx
xx
xx
xx
During weeks that a holiday falls on the designated delivery day, the location and the vendor will
determine an alternate delivery day.
Deliveries will not be accepted on the following days:
New Year’s Day
Martin Luther King Jr. Day
Memorial Day
July 4th
Labor Day
Thanksgiving
Christmas Eve Day
Christmas Day
New Year’s Eve Day
4.3.2 F.O.B. Destination
All deliveries are to be made to the designated dock or food service area. It is understood that unloading
of orders is the responsibility of the vendor. Delivery shall be inside the building and set in place per the
instructions provided by each location.
4.3.3 Delivery Restrictions
Some locations have security procedures in place, with each service location having a different security
level. The truck may be subject to search on facility entry and exit.
The following security procedures, at a minimum, must be observed:
•
Cabs of trucks must always be locked when driver is not inside cab.
•
At no time will the driver leave the unlocked cab unattended.
•
Driver must observe the no smoking policy while on grounds.
•
All truck drivers are subject to the policies and procedures of each location.
DHS retains the right to require the reassignment of a Contractor employee or employees, as the
Department may deem necessary. Reasons for this request may be but are not limited to incompetence,
carelessness, disruptive or otherwise objectionable behavior. The request for reassignment is in no way a
call for dismissal. It is just a request for the individual to be reassigned out of the resulting State
contract.
4.3.4 Emergency Services
In the event of a disaster, pandemic or other emergency at any DHS Center or Facility, the vendor agrees
to provide 24-hour service to DHS locations except where the vendor’s ability to perform is impaired by
the same disaster or emergency.
DHS locations may request that the vendor provide a summary of what provisions have been made to
serve customers in an emergency situation and to identify what supplies would be available to meet the
their needs. It is possible that an emergency may result in a delivery request being made for additional
delivery days.
4.3.5 Subcontracted Personnel
The vendor may use sub-contractors to meet delivery needs, but remains responsible for the contract
requirements. The awarded vendor must indicate how service will be provided to DHS locations.
4.3.6 Shortages/Over Shipments
The vendor shall be required to give 24 hours advance notice to the ordering location of any back
order, and at that time offer a substitute of equal or better quality at same contract price. The ordering
location must approve the substitution in advance of the product being shipped.
If a shortage is identified at the time of product delivery because of an oversight on the part of the
vendor, the vendor will be notified at once and the shortage shall be delivered in time for the items’
anticipated meal date need.
Upon written notification from DHS, to the vendor, of an over shipment, item(s) must be removed
within 48 hours at the vendor’s expense. If such goods are not removed within 48 hours, the DHS
reserves the right to dispose of the over shipment as its own property and shall not be held liable for the
cost.
The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. The vendor
shall remove rejected products within 48 hours after notice of rejection at the vendor’s expense.
Products determined to be unfit for human consumption will not be removed without permission of the
local health authorities. Products not removed within the allowed time may be destroyed. DHS will not
be responsible for, or pay for, products rejected. The vendor will be liable for any costs as a result of
rejected products. If the vendor is then unable to furnish an acceptable product, the State of Wisconsin
may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate
requirement(s). Any difference in costs between the contract price and the price of such shipment(s)
from another vendor shall be deducted from any monies, which may be due to the awarded vendor.
4.3.7 Random Sampling
Upon delivery and before payment of the final invoice, any part of the final product may be pulled from
the vendor’s delivery truck and randomly inspected to assure the DHS product specifications have been
met in all respects. Failure to meet any specification may mean rejection of the entire order at no cost to
the DHS. No changes in the specifications will be permitted without written authorization from DHS
Purchasing.
4.4
References and Vendor Statement(s)
Bidder must include in their bid a list of four organizations and/or clients with whom the bidder has
done business in the last three years similar to that required by this solicitation. Include points of
contact (person’s name, company name, address, email address, and telephone number) along with a
brief description of the product/service. Completed form (DOA – 3478) will be considered your
response to this section. (NOTE: Potential subcontractors or DHS staff cannot be references.)
The procuring agency will determine which, if any, references to contact and/or to visit to assess the
quality of work performed, the personnel assigned to the project, and/or to see the product in use. The
bidder will not be present during any reference check site visits. The results of any reference checks
may be used to clarify and substantiate information in the bid submission. If contacted, all references
should verify that a high level of satisfaction was provided. DHS may also utilize other pertinent
sources of information regarding the services provided by the bidder.
4.4.1 Disclosure Statements
In addition, Bidders must provide a statement that discloses any administrative action or lawsuit,
threatened or pending, that regards (1) a financial matter that could significantly affect the
organization’s solvency or financial ability to successfully perform under this contract; (2) a matter that
has been or would be brought against the organization as a party to a contract by another party to that
contract; or (3) a licensing or regulatory matter that would affect the organization’s credentials or ability
to perform under this contract. Furthermore, Bidder must disclose any past contract actions brought
against the organization for breach of contract or any contracts that were terminated because of the
organization’s breach or financial instability.
If the vendor is a subsidiary, this information must also be submitted for all parent companies. If the
vendor will use subcontractors, associated companies, or others to complete the work of the project, the
vendor’s responses must include pertinent subcontractor information.
4.4.2 Financial Statements
Bidders and each subcontractor (if any) must be able to substantiate their financial stability.
Independently audited financial statements for the last three completed fiscal years, along with
additional supporting documentation (Income Statement, Statement of Cash Flows, Balance Sheet, and
Statement of Change in Financial Position along with all auditors’ notes) must be submitted with the bid
response. If the Bidder is a subsidiary, the parent company must be identified and the consolidated
audited financial statements of the parent company must be submitted. The State may request reports on
financial stability from independent financial rating services to substantiate the biding vendor’s stability.
Vendor name is to be included on each page submitted.
If no audit was required, please explain why and submit two years of financial statements certified by
two officers of the Board of Directors, and the chief financial officer/financial manager.
5
5.1
COST SUBMISSION
General Instructions on Cost Submission
To be considered for award, Bidder must bid on all products.
For each item bid, the vendor must provide the:
•
servings per ordering unit;
•
bid price per one serving (up to four decimal placed allowed);
•
bid price per one ordering unit;
•
the extended total for purchasing the estimated amount of each item;
•
bid item’s ordering name and;
•
item number as it will appear on the nutritional analysis data sheet, ingredient list and
purchase order.
The attachment labeled DHS Bakery Bid Price worksheet contains the Cost Submission template for
this bid, and must be completed and returned. The template should be submitted as per the instructions
in Section 2.4. Questions on the last page of worksheet must be answered.
Bidder must furnish bid prices to include all product costs for furnishing and delivering the products
included in the bid in accordance with the terms and conditions in this bid. Vendor must calculate the
total for each item and the total for all items.
5.1.1 Bid Price Worksheet
The quantity shown on the DHS Bakery Bid Price worksheet is an estimated four-week total based on
previous purchases for that particular product. Four weeks corresponds to one complete menu cycle.
Quantities listed on the worksheet are estimated for bid purposes only; actual quantities will be
determined by the individual DHS locations at time of order. Such quantities may total more or less than
the estimated quantities in this RFB. DHS does not guarantee any specific quantity during the contract
period.
5.1.2 Alternate Products
If any of the items that are submitted for bid, differ from the bid items product specification in any way,
such information must to be noted on the bid form. For example, if the specification is for a package of
hamburger buns that is specified twelve to a bag and your product is packed eight to a bag, you may bid
your item, but you must note the deviation on the bid form that you submit.
5.1.3 Fair Price Analysis
Purchases made under this contract may require further fair price analysis (i.e. published price list, list of
previous buyers, etc.). The awarded vendor may be required to provide this documentation prior to the
order being issued.
5.2
Fixed Price Period
Prices must remain firm for the initial one year contract term. Prices established may be lowered due to
general market conditions during the initial contract term between the Contractor and the State.
5.3
Price Adjustment
Price adjustment requests proposed after the initial Contract term must be received by DHS Purchasing
in writing 30 calendar days prior to the effective date of proposed increase for acceptance or rejection.
Proposed price increases are limited to fully documented cost increases submitted with the request. If
DHS Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in
whole or part. Acceptance of the price increases shall be in the form of an amendment to the contract.
Price increases must be labeled with the contract number and be submitted in the same format as the
original RFB. Any price increase requested that is not submitted in the proper format may be rejected.
5.4
Price Clarifications
The Department reserves the right to clarify any pricing discrepancies related to assumptions on the part
of any vendor. Such clarification will be solely to provide consistent assumptions from which an
accurate cost comparison can be achieved.
6
6.1
SPECIAL CONTRACT TERMS AND CONDITIONS
Payment Terms and Schedule
Contractor must agree that all invoices shall reflect the prices and discounts established for the items on
this contract for all orders placed by DHS even though the contract number and/or correct prices may
not be referenced on each order.
DHS must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DHS
Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as
per the terms of the Agreement. Only properly submitted invoices will be officially processed for
payment. Prompt payment requires that Contractor invoices be clear and complete in conformity with
the instructions below. All invoices must be itemized showing:
•
Contractor name
•
remit to address
•
purchase order number
•
release number if given
•
date of order/release
•
complete item description
•
price per the Contract
Delivery Ticket / Invoice must be in duplicate. All delivery tickets will be signed by DHS personnel
who have checked the delivery and must be left with the order at the DHS location listed on the
Purchase Order.
6.2
Facility Security
DHS requires that all persons providing services in its locations submit and pass criminal background
and license/credential checks. History of arrests and/or convictions could disqualify an individual if
deemed relevant to the position, service or site. Background checks will be conducted and paid for by
the Vendor. Criminal background check forms will be provided by the awarded vendor.
These products will be required to be delivered within the confines of the DHS locations to which access
may be tightly controlled. Delivery persons will need to be properly documented with approved
identification: a valid Wisconsin or other State’s driver’s license. All vehicles may be thoroughly
searched entering and leaving the location to prevent introduction of contraband and the use of the
vehicle as a means of escape by clients. Vehicles containing weapons, drugs or drug paraphernalia, live
animals, additional passengers, and/or any other restricted items will not be allowed to enter the
location. Possession of contraband may be reported to local law enforcement.
Vehicles leaving the location may be required to have a designated position at which to stop before
reaching the vehicle exit, so that the driver and passengers can be properly identified. All vehicles
leaving the location shall again be searched at the truck exit. Any vehicle that cannot be thoroughly
searched must be held inside the location through an official count. Trucks to be loaded inside the
location must be loaded under the supervision of a staff member.
Note: DHS will not be responsible for any additional delivery charges resulting from being denied
entry by non-compliant delivery personnel.
6.3
Fraternization
Fraternization with clients is prohibited. Nothing is to be given to clients (food, mail, money,
newspapers or magazines, etc.) without authorization and nothing is to be received from clients for
removal or transport from the location.
6.4
Prime Contractor and Subcontractors
The prime contractor will be responsible for contract performance when subcontractors are used.
However, when subcontractors are used, they must abide by all terms and conditions of the contract. If
subcontractors are to be used, the bidder must clearly explain their participation.
6.5
Liquidated Damages
The contractor is expected to meet all delivery dates negotiated and specified in the contract. The
contractor agrees the Department shall have the right to liquidate any damages, through deduction from
the contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the
contractor.
6.6
Supplier Diversity
6.6.1 Minority-Owned Business Enterprise
Minority-owned business enterprises (MBEs) are certified by the Wisconsin Supplier Diversity
Program. This program can be found at: https://wisdp.wi.gov/. 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 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 supplier/contractor is strongly urged to use due
diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to
provide goods 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 Wisconsin Supplier Diversity Program and their contract
amount.
A listing of certified MBEs, as well as the services and commodities they provide, is available
at: http://wisdp.wi.gov/search.aspx.
6.6.2 Veteran-Owned Business
The State of Wisconsin 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/. Currently there is no price preference for certified
VBs that compete for State contracts.
6.6.3 Disabled Veteran-Owned Business
Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Supplier Diversity Program.
This program can be found at: https://wisdp.wi.gov/. 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 goods 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: http://wisdp.wi.gov/search.aspx.
6.6.4 Woman-Owned Business Enterprise
Woman-owned business enterprises (WBEs) are certified by the Woman's Business Ombudsman. This
program can be found at: https://wisdp.wi.gov/.
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. Currently 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: http://wisdp.wi.gov/search.aspx.
6.7
Executed Contract to Constitute Entire Agreement
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and
revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by the
Department and the contractor shall become part of the contract. Failure of the successful bidder to
accept these as a contractual agreement may result in a cancellation of award. The following priority for
contract documents will be used if there are conflicts or disputes:
1) Official purchase order.
2) The respective agreement/contract.
3) Vendor’s bid awarded in soliciting work.
4) State’s RFB.
5) State of Wisconsin Standard Terms and Conditions (DOA – 3054 and DOA – 3681).
6.8
Termination of Contract
The Department may terminate the contract at any time at its sole discretion by delivering 30 days
written notice to the contractor. Upon termination, the Department’s liability will be limited to the pro
rata cost of the services within the limits of the fixed-price contract work performed as of the date of
termination with the prior written approval of the Department. In the event the contractor terminates the
contract, for any reason whatsoever, it will refund to the agency within 14 days of said termination all
payments made hereunder by the Department to the contractor for work not completed or not accepted
by the Department. Such termination will require written notice to that effect to be delivered by the
contractor to the Department not less than 14 days prior to said termination.
6.9
Standard Terms and Conditions
The State of Wisconsin Standard Terms and Conditions (DOA – 3054) and Supplemental Standard
Terms and Conditions for Procurements for Services (DOA – 3681) shall govern this solicitation and
subsequent award. In the event of a conflict between the Standard and Supplemental Standard Terms
and Conditions and this solicitation, the terms of RFB # S-0358 DHS-15, including any amendments,
shall prevail.
Vendors must accept all terms and conditions or submit point-by-point exceptions along with proposed
alternative or additional language for each point, including any supplemental documents. Submission of
any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient
response to this requirement and may result in rejection of the vendor’s bid.
Failure of the successful Bidder to accept these obligations in a contractual agreement may result in
cancellation of the award. The State reserves the right to negotiate contractual terms and conditions
other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.
7
7.1
POST AWARD REQUIREMENTS
Affirmative Action
As required by Wisconsin's Contract Compliance Law (s. 16.765, Wis. Stat.), every Provider contracting
with the Purchaser must agree to equal employment and affirmative action policies and practices in its
employment programs. The Provider must submit an Affirmative Action Plan to the Purchaser in
accordance with the Wisconsin Office of Contract Compliance instructions posted on the following
website: http://vendornet.state.wi.us/vendornet/contract/contcom.asp.
An affirmative action plan is required from a Provider who receives a state contract over $50,000 AND
who has a work force of 25 or more employees as of the award date, unless the Provider is exempt by
established criteria. The plan is due to the Purchaser within 15 working days of the award date of the
Purchaser’s contract. The plan must have been prepared or revised not more than one year prior to the
award date of the contract. Universities, other states and local governments, except those of the State of
Wisconsin who receive state contracts of over $50,000, must submit affirmative action plans in the same
manner as the Provider.
7.2
Civil Rights Compliance
In agreements for the provision of services to clients, the Provider must comply with all Federal Civil
Rights laws applicable to service delivery requirements. The Provider agrees to meet state and federal
Civil Rights Compliance (CRC) laws, requirements, rules and regulations, as they pertain to the services
covered by this agreement. All Providers must submit the appropriate CRC documentation within 15
working days of the award date of the agreement or contract in accordance with the procedures outline
on the following website: http://dhs.wisconsin.gov/civilrights/CRC/requirements.htm.
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