Canteen Services for SRSTC RFB

Canteen Services for SRSTC RFB
REQUEST FOR BID (RFB)
FOR
CANTEEN SERVICES
RFB # FE1-02
ISSUED BY:
STATE OF WISCONSIN
SAND RIDGE SECURE TREATMENT CENTER
DEPARTMENT OF HEALTH & FAMILY SERVICES
April 7, 2010
Bids must be submitted no later than -
Friday, April 30, 2010 10:00 am Central Time
For further information regarding this RFB contact:
Kristine Stauffacher, Purchasing Supervisor
Phone: (608) 847-1759
Fax: (608) 847-1810
LATE BIDS WILL BE REJECTED
Sand Ridge Secure Treatment Center
Canteen Services
State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 N(R09/97)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY:
Department of Health and Family Services
ADDRESS:
Sand Ridge Secure Treatment Ctr.
1111 North Rd.
P.O. Box 700
Mauston, WI 553948-0700

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 # __FE2-01_____. Late bids will be rejected. Bids MUST be date and time
stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids
dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does
not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a
result of not being properly and clearly marked is subject to rejection. Bids must be submitted
separately, i.e., not included with sample packages or other bids. Bid openings are public unless
otherwise specified. Records will be available for public inspection after issuance of the notice of
intent to award or the award of the contract. Bidder should contact person named below for an
appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date
of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent
award.
THIS IS NOT
AN ORDER
REQUEST FOR BID
BIDDER (Name and Address)
Bids MUST be in this office no later than
April 30, 2010; 10:00am Central Time
Name (Contact for further information)
Kristine Stauffacher, Purchasing Supervisor
Phone
Date
608-847-1759
April 7, 2010
Quote Price and Delivery FOB
Sand Ridge Secure Treatment Ctr., Mauston, WI
 Fax bids are accepted
Item
No.
Quantity
and Unit
X Fax bids are not accepted
Price
Per Unit
Description
Total
CANTEEN SERVICES
AS DESCRIBED IN ATTACHED BID DOCUMENT.
This form must be completed, signed, and
returned along with the following:
BID PRICE WORKSHEET
(ELECTRONICALLY OR ON
DISK)
VENDOR INFORMATION SHEET
VENDOR REFERENCE SHEET
DESIGNATION OF CONFIDENTIAL AND
PROPRIETARY INFORMATION, if desired
Payment Terms
Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the
Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison,
Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids
____________________________________________________________________________________________________________________________________________________________________________

We are a work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor,
101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
____________________________________________________________________________________________________________________________________________________________________________
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were
manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes
No
Unknown
____________________________________________________________________________________________________________________________________________________________________________
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no
attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential
competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
(
)
Fax
(
)
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
Sand Ridge Secure Treatment Center
Canteen Services
Phone
Social Security No. if Sole
Proprietor (Voluntary)
TABLE OF CONTENTS
1.
PURPOSE
1
2.
CONTRACT PERIOD
1
3.
BID METHOD
1
4.
PRICE AND PRODUCT ADJUSTMENTS DURING
CONTRACT PERIOD
2
5.
PRICE VERIFICATION
2
6.
INVOICING
2
7.
CONTRACTOR PERFORMANCE
3
8.
CONTRACT TERMINATION
3
9.
PRODUCT FOR TESTING AND EVALUATION
3
10.
AUDIT
3
11.
DELIVERY
4
12.
QUALITY, GRADE, PACKAGING, ETC.
4
13.
ORDER PACKING ERROR CORRECTION PROCEDURES
4
14.
ORDER ENTRY SYSTEM SPECIFICATIONS
5
15.
REPORTING SYSTEM REQUIREMENTS
5
16.
BID SUBMISSION
6
17.
METHOD OF AWARD
6
18.
INTENT TO AWARD
7
19.
APPEALS PROCESS
7
20.
VENDORNET REGISTRATION
8
21.
PRIME CONTRACTOR AND MINORITY BUSINESS
CONTRACTOR
8
Sand Ridge Secure Treatment Center
Canteen Services
22.
PROPRIETARY INFORMATION
9
ATTACHMENTS
Standard Terms and Conditions
Supplemental Standard Terms and Conditions for Procurement for Services
Vendor Information
Vendor Reference
Designation of Confidential and Proprietary Information
Sand Ridge Secure Treatment Center
Canteen Services
1.
PURPOSE
The Department of Health Services--Sand Ridge Secure Treatment Center (SRSTC) is
soliciting bids to contract for a prime vendor of commissary items. The contractor
will be required to provide the following types of items: personal care, office supplies,
stamps, greeting cards, individual drink mix packets, cookies, snack chips, crackers
and candy. These commodities will be purchased on, and must be delivered on, a
weekly basis. The contractor must also supply software and hardware for online order
placement; ability to scan patient orders to eliminate data entry; and ability to integrate
patient balances from Insight to provided software.
2.
CONTRACT PERIOD
The contract resulting from this bid solicitation is for a one-year period beginning July
1, 2010 and ending on June 30, 2011. Two one-year extensions of this contract are
possible by mutual agreement between SRSTC and the contractor.
3.
BID METHOD
Bid prices shall be based on prices paid by the bidder during the week of April 1,
2010. Bidders will indicate base price (bidder’s delivered or laid in cost) and quote a
fixed fee amount per item on the bid price worksheet furnished in this bid.
(Worksheet is available in Excel format from Kristine Stauffacher; request via
telephone, see cover page.) The fixed fee amount is per line item and may vary from
line to line.
Quantities listed in this bid document are only estimates of typically purchased
products for a one-year period. These estimates are based on SRSTC patient
purchases from February 2009 to January 2010. Bidders should not view these
quantities as any guarantee of future purchase levels.
If a bidder is not able to supply or bid an item at the unit size indicated on the bid price
worksheet, the bidder should complete the ALT UNIT SIZE column with the unit size
being bid. Conversions will be made by SRSTC to make comparisons between bids
when alternative unit sizes have been bid. If a bidder is unable to supply or bid on an
item, the bidder should place NO BID in the ALT UNIT SIZE column. Not bidding
on, or giving an alternative unit size, on a limited number of items will not eliminate a
bid from consideration.
The successful bidder will be requested to furnish a complete listing of products that
are available for purchase and their base prices. Contractor will be allowed to include
a reasonable fixed fee on any item added during the course of the contract.
Sand Ridge Secure Treatment Center
Canteen Services
1
4.
PRICE AND PRODUCT ADJUSTMENTS DURING CONTRACT PERIOD
It is agreed that base prices on some commodity items may change during the life of
the contract. If the commodity line item cost increases or decreases more than five
percent, the item price charged to SRSTC may be modified based on the change to the
base item cost, but the fixed fee for the line item may not be adjusted. SRSTC
Contract Administrator (Jean French, Financial Specialist) must be notified at least ten
days prior to the date the price change will become effective. Contractor is
responsible for notifying SRSTC of changes to base prices. Contractor invoices will
be evaluated for correct bid price billing and dispute will be made of changes made
without notification to SRSTC.
New products may be added to this contract at the discretion of the facility. Items
which are no longer manufactured or which are not being ordered in sufficient
quantity may be deleted from this contract. The contractor shall offer substitutes, as
appropriate, with the facility making the final decision of acceptance. The contractor
shall notify the facility a minimum of ten days in advance of discontinuing an item.
Under no circumstances, will the contractor deliver product that does not have the
prior approval of the facility.
5.
PRICE VERIFICATION
As part of the bid review process, the facility may verify the accuracy of bidders’ base
costs prior to determining lowest responsible bidder. The apparent low bidder may be
required to submit copies of manufacturer or supplier invoices for the week of April 1,
2010 that document and confirm the base prices bid.
6.
INVOICING
Contractor will invoice weekly for the previous week’s order based on their bid price
per item, base price plus fixed fee.
Final sale prices to patients must consist of the bid item price (base price plus fixed
fee), an additional 10 % commission, and sales tax of 5.5 % on taxable items. This is
the price that must appear when order is placed on the online ordering system and on
order forms designed for distribution to patients. (No commission or sales tax is
added to the price of U.S. postage stamps.)
Contractor shall pay the 10% commission on a monthly basis, including a detail listing
of items sold. Contractor will be responsible for remitting sales tax and appropriate
sales tax reports for items sold.
Sand Ridge Secure Treatment Center
Canteen Services
2
7.
CONTRACTOR PERFORMANCE
Contractor performance shall be used as a basis in the decision by the facility to offer
to extend this contract into each of the two optional renewal periods or to terminate
and re-bid this contract.
Contractor agrees that should the facility be forced to purchase commissary products
locally, at the facility’s discretion, as a result of the contractor’s failure to supply the
product, the contractor will pay the facility the difference in price between the bid
price and the price paid by the facility.
One factor in acceptable contractor performance for the term of this contract shall be
at least a 95 % fill rate based on the amount of orders filled.
8.
CONTRACT TERMINATION
SRSTC reserves the right to cancel this contract at any time for convenience with or
without cause.
SRSTC will provide the contractor ninety (90) calendar days notice, in writing, of its
cancellation of this contract. Contract obligations of the contractor shall continue
during the notice period as if contract were in full force.
Should the awarded contractor wish to terminate this contract, the contractor agrees to
provide the facility, in writing, ninety (90) calendar days notice during which the
contractor agrees to fulfill the contract.
Should the contractor fail to comply, SRSTC reserves the right to remove the
contractor from the bidder’s list for a prime vendor commissary contract in the State
of Wisconsin for a period of the remainder of the current contract, plus two (2)
additional years from the end date of the current contract.
9.
PRODUCT FOR TESTING AND EVALUATION
Sample products may be required by SRSTC for testing and evaluation. Contractor
agrees to furnish such sample products free and postage paid. Nutrition data must be
provided to the facility upon request, free of charge.
10.
AUDIT
During the life of the contract, SRSTC may, with seven (7) days notice to the
contractor, conduct an in-house audit of the contractor’s records to determine the
validity of pricing. The contractor agrees to make all invoices and bills of lading
available to audit staff.
Sand Ridge Secure Treatment Center
Canteen Services
3
11.
DELIVERY
Individual orders should be packaged in clear bags that are sealed and contain a visible
detailed packing slip labeled with the patient’s name, identification number and
location. Individual and shipping containers shall be new, clean and unbroken.
Orders will be sorted by location (housing unit) within shipping containers.
Deliveries shall be made to the facility on a pre-determined day of the week (MondayFriday) during the following time frames: 8:00 a.m.—11:30 a.m. or 1:00 p.m.—4:00
p.m., allowing ample time for unloading prior to end of time frame. Deliveries shall
be made in accordance with instruction from the facility.
Contractor agrees to allow facility to return and receive full credit for any orders of
patients who leave the institution prior to delivery of their order when the facility was
unaware of the release at least 48 hours in advance of the delivery.
During the weeks that a holiday falls on the designated delivery day, an alternate day
will be determined by the facility and the contractor.
Any change to the above delivery schedule during the contract period must be
approved by the SRSTC Management Services Director or designee.
12.
QUALITY, GRADE, PACKAGING, ETC.
Merchandise delivered must be guaranteed to comply in all aspects of all applicable
Federal Pure Food Laws and Regulations and laws of the State of Wisconsin. Only
alcohol free products can be delivered.
Packaging shall be in accordance with the best commercial practices so as to protect
food items from dirt and other contaminates. No metal, tin, aluminum or glass
packaging can be used.
No products with a “sell by date” shown on the product shall be delivered to SRSTC
after the date shown.
Individual packages shall be plainly marked with the kind, variety, count and net
contents. Each item should be clearly marked with its ingredients.
13.
ORDER PACKING ERROR CORRECTION PROCEDURES
The contents of each order delivered will be checked against the provided packing slip
by an SRSTC staff member and the patient who placed the order when the deliveries
are distributed. Shortages will be noted on the packing slip. If an incorrect item is
received, the patient may have this noted on the packing slip and return the item.
Returned items and packing slips will be forwarded to the business office.
Sand Ridge Secure Treatment Center
Canteen Services
4
The SRSTC business office will compile a list of refunds due to patients for shortages
or incorrect items. This list will be supplied to the contractor. The contractor will
credit SRSTC for these items at their bid price. This credit should be shown on the
next invoice. SRSTC will be responsible for issuing credit to the patients.
No backorders or corrections will be allowed.
14.
ORDER ENTRY SYSTEM SPECIFICATIONS
The contractor must provide and maintain at no additional cost and to the facility’s
satisfaction, all software and hardware required to operate an order entry system. The
hardware must include a modem that can transmit orders to the vendor or the ability to
access the order entry system via the internet. This system must be operational no less
than two weeks prior to the date this contract begins, July 1, 2010.
The supplied on-line order placement system must be Windows-based, user-friendly,
and simple. The system must have the capability to electronically transmit the data
over a communications line or direct download via the internet by use of an electronic
scanner. The system must have the ability to assign order dollar limits to individual
patient accounts; as well as item limits by housing unit. The contractor must provide
verification, via telephone or email, of receipt of the order within 12 hours of when it
is sent.
The vendor shall provide on-site instruction and training for all facility business office
personnel in use of the online ordering system and patient list maintenance. The
contractor shall also provide written instructions and procedures. Telephone
assistance must also be available.
The vendor may recommend an order entry system that does not require hardware in
addition to the internet-accessible computers currently utilized by business office
personnel. The vendor must be prepared to explain the functionality of this order
entry system. The facility reserves the right to decide, once the lowest, responsible
bidder has been determined, between a stand-only computerized entry system as
described above and any alternative order entry system recommended by the vendor.
15.
REPORTING SYSTEM REQUIREMENTS
Weekly Sales Report
SRSTC must be provided a weekly summary of sales. This report should list each
patient’s name, identification number, location and total order dollar amount based on
final sale price (bid price plus 10% plus sales taxes when applicable). This report
should be available within one hour of when receipt of the order is acknowledged by
the vendor.
Sand Ridge Secure Treatment Center
Canteen Services
5
Invoice Sales Report
A sales report must accompany the invoice sent by the vendor each week. This report
should indicate each item sold, the quantity of each item sold, the bid price per item,
an item subtotal and a grand total. Any outstanding credits for shortages or incorrect
orders should be reflected on the invoice.
16.
BID SUBMISSION
The original and one copy of the bid, and all supporting documents must be delivered
to:
Kristine Stauffacher, Purchasing Supervisor
Sand Ridge Secure Treatment Center
1111 North Road
PO Box 700
Mauston, WI 53948
Telephone: (608) 847-1759
The bid worksheet must be submitted as an Excel file on a 3.5” diskette. Diskette
must be included in the bid package.
The bid must be received at the above address no later than Friday, April 30, 2010,
10:00 am Central Time. All bids must be time-stamped as accepted by SRSTC by the
stated time. Any bids received after that time and date will be rejected.
Fax bids will not be accepted. The bid worksheet may be submitted on a 3.5” floppy
disk in Excel format or via email in Excel format. All other materials must be
submitted on paper.
To ensure confidentiality of the documents, all bids must be packaged, sealed and
show the following information on the outside of the package:
Vendor’s Name and Address
Canteen Services Bid # FE0-01
Bid Due Date: April 30, 2010 – 10:00 a.m.
17.
METHOD OF AWARD
Award will be made to a single responsible bidder with the lowest combined bid based
on the projected quantities provided on the worksheet, after adjustments are made for
items with alternative unit sizes or items not bid. To be considered a responsible
bidder, the bidder must be able to meet all of the requirements for product, packaging,
delivery, computer software/hardware, and reporting.
Sand Ridge Secure Treatment Center
Canteen Services
6
18.
INTENT TO AWARD
All contractors who respond to this RFB will be notified in writing of SRSTC’s intent
to award the contract as a result of the RFB.
After notification of the intent to award is made, and under the supervision of agency
staff, copies of bids will be available for public inspection from 8:00 a.m. to 3:30 p.m.
at SRSTC, 1111 North Road, Mauston, WI 53948.
The contractor receiving the award will be required to sign a contract with Sand Ridge
Secure Treatment Center based on the specifications of this bid. Additionally, because
the names and identification numbers of the patients are considered protected health
information, the contractor will also be required to sign a Business Associate
Agreement under the terms of the Health Insurance Portability and Accountability
Act.
19.
APPEALS PROCESS
Notices of intent to protest and protests must be made in writing to the head of the
Department of Health Services. Protestors should make their protests as specific as
possible and should identify statutes and Wisconsin Administrative Code provisions
that are alleged to have been violated.
Any written notice of intent to protest the intent to award a contract must be filed with:
Karen Timberlake, Secretary
Department of Health Services
One West Wilson
Madison, WI 53707
(608) 266-9622
And be received in her office within five (5) working days after the notice of intent to
award is issued.
The written protest must be received in her office within ten (10) working days after
the notice of intent to award is issued.
The decision of the head of the procuring agency may be appealed to the Secretary of
the Department of Administration within five (5) working days of issuance, with a
copy of such appeal filed with the procuring agency. The appeal must allege a
violation of a Wisconsin statute or a section of the Wisconsin Administrative Code.
Sand Ridge Secure Treatment Center reserves the right to purchase commissary items
on a month to month basis from the apparent responsible, low bidder should a protest
or an appeal delay the award of this contract.
Sand Ridge Secure Treatment Center
Canteen Services
7
20.
VENDORNET REGISTRATION
Only vendors registered with the State of Wisconsin’s VendorNet will receive future
official requests for bids/proposals for large procurements. VendorNet is the State’s
vendor registration system through which the State guarantees that it will notify
vendors of opportunities to bid or submit proposals, when the anticipated contract is
valued at $25,000 or more, either via e-mail, when the vendor has Internet access, or
by first class mail. For VendorNet registration and information, call (608) 264-7897,
toll free (800) 482-7813 or web site www.vendornet.state.wi.us. VendorNet
registration is not required to submit a bid/proposal as vendors still may obtain
information of Official State bids/proposals through the State of Wisconsin public
notices website.
21.
PRIME CONTRACTOR AND MINORITY BUSINESS CONTRACTOR
Subcontractors must abide by all terms and conditions of the agreement. When
subcontractors are used this should be clearly explained in the bid. However, the
prime contractor will be responsible for contract performance whether or not
subcontractors are used.
The State of Wisconsin is committed to the promotion of minority business in the
state’s purchasing program and a goal of placing 5% of its total purchasing dollars
with certified minority businesses. Authority for this program is found in Wisconsin
Statutes 15.107, 16.75(4), 16.75(5), and 560.036(2), Wisconsin Statutes. The
contracting agency is committed to the promotion of minority business in the state’s
purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises
certified by the Wisconsin Department of Commerce, Bureau of Minority Business
Development should have the maximum opportunity to participate in the performance
of its contracts. The supplier/contractor is strongly urged to use due diligence to
further this policy by awarding subcontracts to minority-owned business enterprises or
by using such enterprises to provide goods and services incidental to this agreement,
with a goal of awarding at least 5% of the contract price to such enterprises.
The supplier/contractor shall furnish appropriate quarterly information about its effort
to achieve this goal, including the identities of such enterprises certified by the
Wisconsin Department of Commerce and their contract amount.
A listing of certified minority businesses, as well as the services and commodities they
provide is available from the Department of Administration, Office of Minority
Business Program, (608) 267-7806. The listing is published on the Internet at:
http://www.doa.state.wi.us/dsas/mbe/index.asp.
Sand Ridge Secure Treatment Center
Canteen Services
8
22.
PROPRIETARY INFORMATION
By signing Designation of Confidentiality and Proprietary Information, DOA-3027,
the applicant is specifying any restrictions on the use of data contained within a bid.
Proprietary information submitted in response to this request for bid will be handled in
accordance with applicable State of Wisconsin procurement regulations. Any material
submitted by the bidder in response to this bid request that the bidder considers
confidential and proprietary information and which qualifies as a trade secret, as
provided in s. 19.36(5), Wisconsin Statutes, or material which can be kept confidential
under s. 19.36(5), Wisconsin Statutes, or material which can be kept confidential
under s. 19.36(5), Wisconsin Statue, of Wisconsin’s open records law must be
identified on the “Designation of Confidential and Proprietary Information form,
(DOA-3027).” Data contained in the bid, all documentation provided therein, and
materials and innovations developed as a result of these contract services cannot be
copyrighted or patented without written authorization of SRSTC. Any copyrighted
material authorized by SRSTC, or distribution of material developed through this
agreement will acknowledge use of SRSTC funds.
Sand Ridge Secure Treatment Center
Canteen Services
9
STANDARD TERMS AND CONDITIONS
(Request For Bids/Proposals)
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
1.0
SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer
and model numbers are used, they are to establish a design, type of construction, quality, functional capability
and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer,
stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be
the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications
which may result in rejection of their bid/proposal.
2.0
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or
specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request.
In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms,
conditions, and specifications and the bidders/proposers shall be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right
to increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational
institutions also qualify for educational discounts. Unit prices shall reflect these discounts.
6.1
Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall
establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract
administration.
6.2
Prices established in continuing agreements and term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award.
Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the
proposed effective date of the price increase, and shall be limited to fully documented cost increases to
the contractor which are demonstrated to be industrywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal documents and contracts or agreements.
6.3
In determination of award, discounts for early payment will only be considered when all other conditions
are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are
deemed favorable. All payment terms must allow the option of net thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal
as deemed to be in the best interests of the State of Wisconsin.
Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and
time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected.
Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing
office.
9.0
METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise
specified.
10.0
ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an
authorized agency. No other purchase orders are authorized.
Sand Ridge Secure Treatment Center
Canteen Services
10
11.0
PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if
required), and accepted as specified.
Invoices presented for payment must be submitted in accordance with instructions contained on the purchase
order including reference to purchase order number and submittal to the correct address for processing.
A good faith dispute creates an exception to prompt payment.
12.0
TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin
state and local taxes on its purchases except Wisconsin excise taxes as described below.
The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin
may be subject to other states' taxes on its purchases in that state depending on the laws of that state.
Contractors performing construction activities are required to pay state use tax on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to
promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price
when alternate procurement is necessary. Excess costs shall include the administrative costs.
14.0
ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements are stated elsewhere in the request; in such cases,
the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.
15.0
APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of
Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws,
ordinances, and regulations which are in effect during the period of this contract and which in any manner affect
the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to
follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales
and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred
contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and
non-procurement contracts.
16.0
ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin
(purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such
overcharges as to goods, materials or services purchased in connection with this contract.
17.0
ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or
delegated without the prior written consent of the State of Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or equipment or the performance of contractual services,
not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely
handicapped individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this
contract, the contractor agrees not to discriminate against any employee or applicant for employment because of
age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5),
Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall
include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take
affirmative action to ensure equal employment opportunities.
19.1
Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has
a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is
awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on
preparing the plan and technical assistance regarding this clause are available from the contracting state
agency.
Sand Ridge Secure Treatment Center
Canteen Services
11
19.2
The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
19.3
Failure to comply with the conditions of this clause may result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein
guarantees the articles were manufactured or produced in accordance with applicable federal labor laws.
Further, that the sale or use of the articles described herein will not infringe any United States patent. The
contractor covenants that it will at its own expense defend every suit which shall be brought against the State of
Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to
it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will
pay all costs, damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must
comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable
OSHA Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of
this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged
in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property damage including products liability and completed
operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in
carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence
combined single limit for automobile liability and property damage.
23.3
The state reserves the right to require higher or lower limits where warranted.
24.0
CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and
specifications of this contract.
25.0
VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
26.0
PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the
solicitation, submission, review, and approval of procurement activities.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection
prior to issuance of the notice of intent to award or the award of the contract.
27.0
PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in
accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law.
Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to
defend the determination in the event of an appeal or litigation.
27.1
Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a
result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.
27.2
Any material submitted by the vendor in response to this request that the vendor considers confidential
and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats.,
or material which can be kept confidential under the Wisconsin public records law, must be identified on a
Designation of Confidential and Proprietary Information form (DOA-3027). Bidders/proposers may
request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices
cannot be held confidential.
Sand Ridge Secure Treatment Center
Canteen Services
12
28.0
DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or a member of the official's immediate family owns or
controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the
state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract.
Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate
disclosure requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled
materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled
content which meet specifications.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous
chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each
item with the shipped container(s) and one (1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official or employee for commercial promotion is
prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State
of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior
written authorization of the contracting agency.
32.0
HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or claims of any character brought for or on account of
any injuries or damages received by any persons or property resulting from the operations of the contractor, or
of any of its contractors, in prosecuting work under this agreement.
33.0
FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats.,
relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of
Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise
exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to
apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation,
P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.
34.0
WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow
the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase
goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall
result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for
State agencies and campuses or to block the sale of comparable items to State agencies and campuses.
35.0
FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement
in accordance with reasonable control and without fault or negligence on their part. Such causes may include,
but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually
severe weather, but in every case the failure to perform such must be beyond the reasonable control and
without the fault or negligence of the party.
Sand Ridge Secure Treatment Center
Canteen Services
13
SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENT
FOR SERVICES
State of Wisconsin
Department of Administration
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats
1.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful
vendor will become contractual obligations if procurement action ensues.
2.0
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own
organization, that in connection with this procurement:
2.1
The prices in this bid/proposal have been arrived at independently, without consultation,
communication, or agreement, for the purpose of restricting competition, as to any matter relating
to such prices with any other bidder/proposer or with any competitor;
2.2
Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not
been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the
bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the
case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any
competitor; and
2.3
No attempt has been made or will be made by the bidder/proposer to induce any other person or
firm to submit or not to submit a bid/proposal for the purpose of restricting competition.
2.4
Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's
organization responsible within that organization for the decision as to the prices being offered
herein and that he/she has not participated, and will not participate, in any action contrary to 2.1
through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's organization responsible within that
organization for the decision as to the prices being offered herein, but that he/she has been
authorized in writing to act as agent for the persons responsible for such decisions in certifying that
such persons have not participated, and will not participate in any action contrary to 2.1 through
2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3 above.
3.0
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1
3.2
Prior to award of any contract, a potential vendor shall certify in writing to the procuring agency that
no relationship exists between the potential vendor and the procuring or contracting agency that
interferes with fair competition or is a conflict of interest, and no relationship exists between the
vendor and another person or organization that constitutes a conflict of interest with respect to a
state contract. The Department of Administration may waive this provision, in writing, if those
activities of the potential vendor will not be adverse to the interests of the state.
Vendors shall agree as part of the contract for services that during performance of the contract, the
vendor will neither provide contractual services nor enter into any agreement to provide services to
a person or organization that is regulated or funded by the contracting agency or has interests that
are adverse to the contracting agency. The Department of Administration may waive this
provision, in writing, if those activities of the vendor will not be adverse to the interests of the state.
4.0
DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin
employee or who is retained as a vendor full-time by a State of Wisconsin agency from being retained as
a vendor by the same or another State of Wisconsin agency where the individual receives more than
$12,000 as compensation for the individual’s services during the same year. This prohibition does not
apply to individuals who have full-time appointments for less than twelve (12) months during any period of
time that is not included in the appointment. It does not include corporations or partnerships.
5.0
EMPLOYMENT: The vendor will not engage the services of any person or persons now employed by the
State of Wisconsin, including any department, commission or board thereof, to provide services relating to
this agreement without the written consent of the employing agency of such person or persons and of the
contracting agency.
Sand Ridge Secure Treatment Center
Canteen Services
14
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1),
and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION: The vendor shall establish and maintain adequate
records of all expenditures incurred under the contract. All records must be kept in accordance with
generally accepted accounting procedures. All procedures must be in accordance with federal, state and
local ordinances.
The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent
records or documents relating to any contract resulting from this bid/proposal held by the vendor. The
vendor will retain all documents applicable to the contract for a period of not less than three (3) years after
final payment is made.
8.0
INDEPENDENT CAPACITY OF VENDOR: The parties hereto agree that the vendor, its officers, agents,
and employees, in the performance of this agreement shall act in the capacity of an independent vendor
and not as an officer, employee, or agent of the state. The vendor agrees to take such steps as may be
necessary to ensure that each subvendor of the vendor will be deemed to be an independent vendor and
will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.
Sand Ridge Secure Treatment Center
Canteen Services
15
Vendor Information
1.
Bidding/Proposing Company or Individual Name: ___________________________________________
FEIN: ______________________________
CEO/Pres. Name: ________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
2.
State: __________________
Zip: ________________________
Person to contact for questions concerning this bid:
Name: ____________________________________________________________________________________
Title: _____________________________________________________________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
3.
State: __________________
Zip: ________________________
Name of vendor:
Name: ____________________________________________________________________________________
Title: _____________________________________________________________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
4.
State: __________________
Zip: ________________________
Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the person/department responsible for affirmative action in the company to
contact about this plan.
Name: ____________________________________________________________________________________
Title: _____________________________________________________________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
Sand Ridge Secure Treatment Center
Canteen Services
State: __________________
Zip: ________________________
16
5.
Person to which state purchase orders and purchasing concerns are to be addressed:
Name: ____________________________________________________________________________________
Title: _____________________________________________________________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
6.
State: __________________
Zip: ________________________
Person to which accounting/billing questions are to be addressed:
Name: ____________________________________________________________________________________
Title: _____________________________________________________________________________________
Phone: _____________________________
Toll Free Phone: _________________________________
Fax: _______________________________
e-Mail Address: _________________________________
Address: __________________________________________________________________________________
City: ____________________________
Sand Ridge Secure Treatment Center
Canteen Services
State: __________________
Zip: ________________________
17
Vendor Reference
Provide contact and appropriate information on the product(s) and/or service(s) used for three (3) or more
installations with requirements similar to those included in this solicitation document. If vendor is proposing any
arrangement involving a third party, the named references should also be involved in a similar arrangement.
1.
Company Name: ________________________________________________________________________
Contact Person: __________________________________
e-Mail: _______________________________________
Phone: ________________________________
Fax: ____________________________________
Address: __________________________________________________________________________________
City: ____________________________
State: __________
Zip: ____________________
Product (s) and/or Service(s) Used: _____________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
2.
Company Name: ________________________________________________________________________
Contact Person: __________________________________
e-Mail: _______________________________________
Phone: ________________________________
Fax: ____________________________________
Address: __________________________________________________________________________________
City: ____________________________
State: __________
Zip: ____________________
Product (s) and/or Service(s) Used: _____________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
3.
Company Name: ________________________________________________________________________
Contact Person: __________________________________
e-Mail: _______________________________________
Phone: ________________________________
Fax: ____________________________________
Address: __________________________________________________________________________________
City: ____________________________
State: __________
Zip: ____________________
Product (s) and/or Service(s) Used: _____________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Sand Ridge Secure Treatment Center
Canteen Services
18
STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #
includes proprietary and confidential
information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept
confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this
bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore
cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats.
as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique
or process to which all of the following apply:
1. The information derives independent economic value, actual or potential, from not being generally known to, and not
being readily ascertainable by proper means by, other persons who can obtain economic value from its
disclosure
or
use.
2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released
Section
Page #
Topic
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO
DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR
ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal
response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal
document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of
any materials unless they are specifically identified above.
Company Name___________________________________________
Authorized Representative___________________________________
Signature
Authorized Representative___________________________________
Type or Print
Date_____________________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
Sand Ridge Secure Treatment Center
Canteen Services
19
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement