Revised Master RFP Document

Revised Master RFP Document
State of Wisconsin
Wis. Statutes s.16.75
DOA-3261 N(R01/98)
PROPOSALS MUST BE SEALED AND ADDRESSED TO:

Remove from proposal list for this commodity/service. (Return this page only.)
Proposal envelope must be sealed and plainly marked in lower corner with due date and Request
for Proposal
. Late proposals will be rejected. Proposals MUST be date and time
stamped by the soliciting purchasing office on or before the date and time that the proposal is due.
Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the mail
system does not constitute receipt of a proposal by the purchasing office. Any proposal that is
inadvertently opened as a result of not being properly and clearly marked is subject to rejection.
Proposals must be submitted separately, i.e., not included with sample packages or other proposals.
Proposal 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. Proposer should contact
person named below for an appointment to view the proposal record. Proposals shall be firm for
acceptance for sixty (60) days from date of proposal opening, unless otherwise noted. The attached terms
and conditions apply to any subsequent award.
#B-024-23
AGENCY: Wisconsin Department of Natural Resources
ADDRESS: Attn: Rick T. House
PO Box 7921
Madison, WI 53707-7921
THIS IS NOT
AN ORDER
REQUEST FOR PROPOSAL
PROPOSER (Name and Address)
Proposals MUST be in this office no later than
Public Opening

July 19, 2012 @ 2:00 PM CST
No Public Opening

Name (Contact for further information)
Rick T. House
(email address: [email protected])
Phone
Date
608-267-7208
06/07/2012
Quote Price and Delivery FOB
Destination
Description
Request for Proposal
#B-024-23
Wisconsin Department of Natural Resources
Used Licensable
Passenger Vehicles
RFP Issue Date
June 7, 2012
Payment Terms – NET 30
Delivery Time – PER RFP REQUIREMENTS
claim minority preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Proposer must be certified by the
 We
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.
_____________________________________________________________________________________________________________________________________________________________________________
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 that are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our proposal 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 proposal 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 proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or
potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer 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 Proposal and all terms of our proposal.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
(
)
Fax
(
)
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
Social Security No. if Sole
Proprietor (Voluntary)
TABLE OF CONTENTS
1.0
2.0
3.0
4.0
5.0
GENERAL INFORMATION .......................................................................................................................... 4
1.1
Introduction and background ................................................................................................................ 4
1.2
Scope of the project .............................................................................................................................. 4
1.3
Procuring and contracting agency ......................................................................................................... 5
1.4
Definitions ............................................................................................................................................ 6
1.5
Clarification and/or revisions to the specifications and requirements ................................................... 7
1.6
Vendor Conference ............................................................................................................................... 7
1.7
Reasonable accommodations ................................................................................................................ 7
1.8
Calendar of events ................................................................................................................................ 7
1.9
Contract term and funding .................................................................................................................... 8
1.10
How to get on the State of Wisconsin’s Bidders List ............................................................................ 8
PREPARING AND SUBMITTING A PROPOSAL ...................................................................................... 9
2.1
General instructions .............................................................................................................................. 9
2.2
Incurring costs....................................................................................................................................... 9
2.3
Submitting the proposal ........................................................................................................................ 9
2.4
Proposal organization and format ......................................................................................................... 9
2.5
Multiple proposals .............................................................................................................................. 10
2.6
Interviews............................................................................................................................................ 10
2.7
Withdrawal of proposals ..................................................................................................................... 10
PROPOSAL SELECTION AND AWARD PROCESS ................................................................................ 11
3.1
Preliminary evaluation ........................................................................................................................ 11
3.2
Proposal scoring.................................................................................................................................. 11
3.3
Evaluation criteria ............................................................................................................................... 12
3.4
Right to reject proposals and negotiate contract terms........................................................................ 12
3.5
Award and final offers ........................................................................................................................ 12
3.6
Notification of intent to award ............................................................................................................ 13
3.7
Appeals process .................................................................................................................................. 13
PROPOSER QUALIFICATIONS ................................................................................................................. 14
4.1
Other Qualifications ............................................................................................................................ 14
4.2
Specific Experience ............................................................................................................................ 14
4.3
Vendor references ............................................................................................................................... 14
TECHNICAL REQUIREMENTS ................................................................................................................. 15
5.1
6.0
7.0
8.0
Used Vehicles for Class 4-13 .............................................................................................................. 15
COST PROPOSAL ......................................................................................................................................... 16
6.1
General instructions on preparing cost proposals ............................................................................... 16
6.2
Fixed price period ............................................................................................................................... 16
SPECIAL CONTRACT TERMS AND CONDITIONS............................................................................... 17
7.1
Payment requirements ......................................................................................................................... 17
7.2
Executed contract to constitute entire agreement ................................................................................ 17
7.3
General Performance Specifications ................................................................................................... 17
7.4
Termination of contract....................................................................................................................... 17
7.5
Cooperative Purchasing ...................................................................................................................... 18
STANDARD TERMS AND CONDITIONS ................................................................................................. 19
Standard Terms and Conditions (Requests for Bids/Proposals) (DOA-3054) .................................................. 19
2
Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) ........................... 19
9.0
REQUIRED FORMS ...................................................................................................................................... 22
Designation of Confidential and Proprietary Information (DOA-3027) ........................................................... 23
Vendor Information (DOA-3477) ..................................................................................................................... 24
Vendor Reference (DOA-3478) ........................................................................................................................ 25
Vendor Agreement (optional) (DOA-3333) ...................................................................................................... 26
Vehicle Safety Inspection.................................................................................................................................. 27
Cost Proposal Form (Class 4-13) ...................................................................................................................... 30
APPENDIX A ............................................................................................................................................................ 31
FHWA VEHICLE CLASSIFICATION
3
1.0 GENERAL INFORMATION
1.1
Introduction and background
The purpose of this document is to provide interested parties with information enabling them to prepare and
submit a proposal for procuring used licensable passenger vehicles to the Wisconsin Department of Natural
Resources. The State as represented by the Department of Natural Resources (DNR) intends to use the
results of this solicitation to award a contract to provide the purchase of used vehicles as described in this
document.
The Department of Natural Resources fleet service needs vehicles on an on-going nature. Because of low
miles driven on some vehicles on an annual basis, it is not always cost effective to purchase new vehicles
for specific program areas. The DNR is exploring the purchase of used vehicles to compliment the fleet
rotation for low mileage usage vehicles.
The contract will be awarded to the proposals that scores the highest according to the process outlined in
Section 3.
Any questions about this RFP should be directed to the Department contact provided in Section 1.5.
1.2
Scope of Project
Vendors providing proposals for procuring used licensable vehicles must have a valid dealer’s license in
good standing with all regulating agencies (state, local and federal if applicable).
This proposal may be awarded to multiple vendors to ensure that the DNR can procure used vehicles in a
timely fashion. The DNR will use the Federal Highway Administration (FHWA) classification, Appendix
A, for procuring used vehicles.
Vehicle values “Strike Price” will be provided in advance by the requesting agency as the maximum
purchase price that can be used in procuring a vehicle including vendor’s flat fee.
The Flat Fees proposed by the vendor is to include:
 Service Fee – Fee collected by vendor for each procurement occurrence.
 Auction Fee - Fee paid to an auction company (if applicable).
 Vehicles must pass a certified post auction inspection, using the attached Vehicle Safety Inspection
sheets on pages 27 through 29.
 Inspection Fee - Fee paid for certified post auction inspection.
 Vendor must provide a CarFax® report on all vehicles if available.
 Vendor must include license and registration fees. (Vehicle must be licensed upon delivery.
Procuring fleet program will designate plate type at time of procurement).
 All vehicle delivery costs will be included to get vehicle to 2421 Darwin Road, Madison
Wisconsin 53704.
 Any other fees in the acquisition of each/all vehicle(s).
Vendor must outline all Seller/Buyer protection language (State of Wisconsin standards as a minimum).
Vendor must outline settlement process if the vehicle does not match requested type and/or condition.
Vendor must identify the industry standard scale for vehicle condition based on inspection and vehicle
report.
4
1.3
Procuring and contracting agency
This Request for Proposal (RFP) is issued by the WDNR, which is the sole point of contact for the State of
Wisconsin during the selection process. The person responsible for managing the procurement process is
Rick House.
The contract resulting from this RFP will be administered by the Wisconsin Department of Natural
Resources. The contract manager will be Rick House, PO Box 7921, Madison, WI 53707-7921.
5
1.4
Definitions
The following definitions are used throughout the RFP.
Agency: means the Wisconsin Department of Natural Resources.
Bidder/Vendor: means a firm submitting a bid in response to the Request for Proposal.
Commercial Fleet: means multiple vehicles owned or leased by private business entities
Condition Report: means industry standard grading system for vehicle condition
Contractor: means proposer awarded the contract.
Department: means Department of Natural Resource.
DOA: means State of Wisconsin Department of Administration
DOT: means State of Wisconsin Department of Transportation
DNR or WDNR: means the Wisconsin Department of Natural Resources
FHWA: Federal Highway Administration
FMCSA: Federal Motor Carrier Safety Administration
Flat Fee: All fees to be included in the proposal per Section 1.2 Scope of Project
Government Fleet: means vehicles owned or leased by a unit of government such as: State, County,
Municipalities, Public School Districts etc….
Inspection: means inspecting the vehicle using the attached Vehicle Safety Inspection sheets on pages 27
through 29.
Licensed Dealer: means anyone who sells, leases, offers, or negotiates sales or leases of motor vehicles in
Wisconsin must have a Wisconsin Dealer License.
MBE: means Minority Business Enterprise
Must: means that a requirement is mandatory.
Proposer/vendor: means a firm or individual submitting a proposal in response to this RFP.
Ready for Delivery: means deliver vehicles, properly licensed and titled to 2421 Darwin Rd. Madison WI.
Required Standard Equipment: means the minimum amount of equipment that must be included in the
proposal price.
RFP: means Request for Proposal.
Shall: means that a requirement is mandatory
State: means State of Wisconsin
Strike Price: Maximum acceptable purchase price dictated by the agency in advance including all vendor
fees of the written purchase request
USPS: United States Postal Service
WisDOT: means the Department of Transportation
6
1.5
Clarification and/or revisions to the specifications and requirements
Any questions concerning this RFP must be submitted in writing on or before 4:00 PM, June 21, 2012,
(email submission is preferred) to:
Rick House
Purchasing Agent Senior
Wisconsin Dept. of Natural Resources
101 S. Webster St., PO Box 7921
Madison, WI 53707-7921
Telephone #: (608) 267-7208
FAX #: (608) 264-6277
Email Address: [email protected]
Vendors are expected to raise any questions, exceptions, or additions they have concerning this RFP
document at this point in the RFP process. If a vendor discovers any significant ambiguity, error, conflict,
discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the above
named individual of such error and request modification or clarification of the RFP.
The agency expects to respond via email to all questions submitted before the deadline, by, July 5, 2012.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial
RFP.
Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP
and any supplements or revisions thereof.
Any contact with State employees concerning this RFP is prohibited, except as authorized by the RFP
manager, Rick House, during the period from date of release of the RFP until the notice of intent to contract
is released.
1.6.
Vendor Conference
A vendor conference will be held on June 28, 2012 at 1:00 p.m. at 2421 Darwin Road, Madison WI, 53704
to respond to written questions and to provide any needed additional instruction to vendors on the
submission of proposals. If no questions are received, the State reserves the right to cancel the vendor
conference. Oral answers provided at the conference are not binding. The WIDNR will summarize all
questions presented at the conference and provide written answers to all vendors. These written answers
will be incorporated as part of the RFP document through issuance of an addendum, which will be provided
to all recipients of the initial RFP. Vendor attendance at the conference is not mandatory, but is advisable.
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 you think you need
accommodations at the bid opening, contact the Department of Natural Resources at (608) 267-7208
(voice) or TTY Access via relay - 711.
1.8
Calendar of events
Listed below are specific and estimated dates and times of actions related to this Request for Proposal
(RFP). 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 a supplement to this RFP. There may or may not be
a formal notification issued for changes in the estimated dates and times.
7
DATE
June 8, 2012
June 21, 2012 @ 3:30 PM CST
June 28, 2012 @ 1:00 PM CST
July 5, 2012 (est.)
July 19, 2012 @ 2:00 PM CST
August 9, 2012
August 30, 2012 (est.)
September 13, 2012 (est.)
1.9
EVENT
Date of issue of the RFP
Last day for vendor submission of written questions
Vendor Conference @ 2421 Darwin Rd., Madison WI,
53704
Agency emails written answers to questions and emails
notification to vendors of supplements or revisions to the
RFP
Proposals due from vendors
Interviews by invited vendors (optional - if needed)
Notification of intent to award sent to vendors
Contract start date
Contract term and funding
The contract shall be effective on the date indicated on the purchase order or the contract execution date
and shall be in effect for one year from that date. The agency has the authority to renew this contract as
funding allows for up to two additional one-year periods by mutual agreement.
1.10
How to get on the State of Wisconsin’s Bidders List
Vendors are directed to the State of Wisconsin’s computerized vendor information system, ”VendorNet”,
for additional electronic copies of this Request for Proposal package, and for information on receiving
automatic notification of all state agency procurements over $50,000 in a vendors particular area of interest.
The web address for VendorNet is http://vendornet.state.wi.us. If there is a need to solicit bids for
additional services upon the completion of the contract initiated by this procurement, only vendors
registered with “VendorNet” will receive automatic notification of the bid. Your firm’s receipt of this bid
in the mail does not guarantee receipt of future bids for these services.
8
2.0
PREPARING AND SUBMITTING A PROPOSAL
2.1
General instructions
The evaluation and selection of a contractor and the contract will be based on the information submitted in
the vendor's proposal plus references and any interviews/oral presentations. Failure to respond to each of
the requirements in the RFP may be the basis for rejecting a response.
Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective
proposal, are not necessary or desired.
2.2
Incurring costs
The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.
2.3
Submitting the proposal
Proposers must submit an original and four (4) copies of all materials required for acceptance of their
proposal by July 19, 2012 @ 2:00 PM CST, along with one electronic copy (on USB Drive or CD) to
the following addresses:
Wisconsin Dept. of Natural Resources
Attn: Rick House
101 S. Webster St., PO Box 7921
Madison, WI 53707-7921
To ensure confidentiality of the document, all proposals must be packaged, sealed and show the following
information on the outside of the package:
—Proposer's name and address
—Request for proposal title
—Request for proposal number
—Proposal due date
An original plus one (1) copy of the Cost Proposal Form must be sealed and submitted as a separate
part of your proposal. Do not include the Cost Proposal Form on the USB Drive or CD being
prepared and sent with the written proposal. The outside of the cost proposal envelope must be clearly
labeled with the words “Cost Proposal, RFP #B-024-23, USED VEHCILE Contract”, and include the
name of the proposer and the due date. The cost proposal is due to the addressee on the same due date and
time as noted above for the entire proposal. All bidders are responsible for the delivery of their RFP
package to this purchasing office prior to the stated RFP opening time. Late and unsigned proposals
will be rejected. No fax proposals will be accepted.
2.4
Proposal organization and format
Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be
organized and presented in the order and by the number assigned in the RFP. Proposals must be organized
with the following headings and subheadings. Each heading and subheading should be separated by tabs or
otherwise clearly marked. Failure to provide any requested information in the prescribed format may result
in disqualification of the proposal.
The RFP sections which should be submitted or responded to are:
Tab 1 - Cover Letter/Vendor Certifications: Include here any cover letter included with the proposal and
include a signed copy of form number DOA-3261 Request for Proposal Cover Sheet. Proposals submitted
in response to this RFP must be signed by a person in the vendor’s organization who is responsible for the
decision as to the prices being offered in the proposal or by a person who has been authorized in writing to
act as an agent for the person responsible for the decision on prices. Each proposal shall stipulate that it is
predicated upon the terms and conditions of this RFP and any supplements or revisions thereof.
9
By submitting a signed proposal, the vendor’s signatories certify that in connection with this procurement:
(a) the vendor’s organization or agent of the vendor’s organization has arrived at the prices in its proposal;
without consultant, communication, or agreement with any other respondent or with any competitor for the
purpose of restricting competition, (b) the prices quoted in the proposal have not been knowingly disclosed
by the vendor’s organization or by any agent of the vendor’s organization and will not be knowingly
disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt
has been made or will be made by the vendor’s organization or by any agent of the vendor’s organization to
induce any other person or firm to submit or not to submit a proposal for the purpose of restricting
competition.
Tab 2 – Additional Required Forms: Include here completed and signed copies of the required forms
listed in Section 9.0 except for the cost proposal form, which is submitted separately, and the vendor
reference form(s), which is(are) included in Tab 4. Do not include the cost proposal form in this tab.
Tab 3 – Mandatory Qualifications: Provide a point-by-point response to each and every proposal
requirement specified in Section 4.1 of this RFP. Responses must be in the same sequence and numbered as
they appear in this RFP. Responses must indicate all information requested in each specific requirement.
Tab 4 – Vendor References: Using the attached Vendor Reference Form (DOA-3478), please provide
references as specified in Section 4.3 of this RFP.
Tab 5 – Additional Information: Include additional information which will be essential to an
understanding of the proposal.
Separate Envelope – Cost Information: The vendor must submit their Cost Proposal according to the
instructions provided in Section 2.3 above. Failure to provide any requested information in the prescribed
format may result in disqualification of the proposal. Additional information on cost proposals can be
found in Section 6. No mention of the cost proposal amounts may be made in the response to the
proposer qualifications or technical requirements of this Request for Proposal.
2.5
Multiple proposals
Multiple proposals from a vendor will be permissible; however, each proposal must conform fully to the
requirements for proposal submission. Each such proposal must be submitted separately and labeled as
Proposal #1, Proposal #2, etc. on each page included in the response.
2.6
Interviews
Top scoring vendors based on an evaluation of the written proposal may be required to participate in
interviews, if requested by the DNR. The DNR will make every reasonable attempt to schedule each
presentation at a time and location that is agreeable to the proposer. Failure of a proposer to interview on
the date scheduled may result in rejection of the vendor's proposal. Proposers should note the dates
established in Section 1.7, Calendar of Events, and should be prepared to be available for an interview (if
requested) on those dates. If, at the time of proposal submission, a proposer knows that they will not be
available on the above indicated dates, they should make note of it in their response and indicate alternative
dates. Interviews will be held at the DNR Central Office in Madison, WI or by phone or video conference.
Each vendor invited to interview will be provided with additional details at the time of the invitation.
2.7
Withdrawal of proposals
Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may
withdraw a proposal in writing at any time up to the proposal closing date and time. To accomplish this, the
written request must be signed by an authorized representative of the proposer and submitted to the RFP
project manager. If a previously submitted proposal is withdrawn before the proposal due date and time,
the proposer may submit another proposal at any time up to the proposal closing date and time.
10
3.0
PROPOSAL SELECTION AND AWARD PROCESS
3.1
Preliminary evaluation
The proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet
mandatory requirements will result in rejection of the proposal. In the event that all vendors do not meet
one or more of the mandatory requirements, the DNR reserves the right to continue the evaluation of the
proposals and to select the proposal that most closely meets the requirements specified in this RFP.
3.2
Proposal scoring
Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. A
proposer may not contact any member of an evaluation committee except at the State’s direction. The
committee may review references and/or request interviews, and use the results in scoring the proposals.
Proposals from certified Minority Business Enterprises may have scores increased by as much as five
percent (5%) in accordance with Wis. Stats. 16.75(3m). Proposals will be ranked based on the numerical
scores received from the evaluation committee. The lowest cost proposal will receive 100% of the allotted
cost points. All other proposals will be scored using the formula as follows:
Lowest Proposed Cost
(Constant)
Other Proposer's Cost
X Maximum evaluation points given to cost = SCORE
(Varies according to proposal being scored)
Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a
constant numerator and the dollar amount of the firm being scored as the denominator. This result will
always be less than one. The result is then multiplied by the number of points given to the cost section of
the RFP.
11
3.3
Evaluation criteria
Proposals will be initially screened to endure the mandatory qualifications outlined in Section 4.1 are met.
The proposals meeting those qualifications listed below will then be scored using the following criteria in
Section 4.1.
Section of RFP and Description
Maximum
Points
Section 4.0 PROPOSER QUALIFICATIONS (20% of total value)
200
-----------
4.1 Other Qualifications
4.1.1 Provide your settlement process for vehicles that are unacceptable upon delivery
along with any associated fees for the return of the vehicle.
4.1.2 Provide documentation of sales to commercial and government fleets in the last
three (3) years.
4.1.3 Provide a list of the year, model and make of vehicles and quantities procured in
the last three (3) years.
50
50
25
4.2 Specific Experience
4.2.1 Document the number of years of experience sourcing and procuring used
vehicles.
-----------
4.3 Vendor References
4.3.1. Please provide a list of at least three current clients or organizations, including
those listed in your response to Sections 4.2 and 5.0.
Section 5.0 TECHNICAL REQUIREMENTS (50% of total value)
-----------
50
25
500
5.1 Used Vehicles
3.4
5.1.1 Describe your sources for providing used vehicles.
75
5.1.2 Describe your license and vehicle registration process to the State of Wisconsin.
50
5.1.3 Describe the industry standard scale to be used for vehicle inspection and
condition.
5.1.4 Describe how your buying techniques creates the best value for your customers
75
5.1.5 Detail your delivery time (in weeks) to 2421 Darwin Rd., Madison WI, 53704
from the time you receive a written purchase request.
5.1.6 Describe any innovations or ideas that may be valuable to this contract.
75
75
50
5.1.7 Has compatible electronic invoicing and electronic payments options with State
of Wisconsin systems.
5.1.8 Describe settlement process for unacceptable vehicles upon delivery, such as:
unpleasant odors, undisclosed body damage or mechanical issues, ¼ tank of fuel
minimum etc…
Section 6.0 COST PROPOSAL (30% of total value) …. see section 3.2
50
300
TOTALS
1000
50
Right to reject proposals and negotiate contract terms
The State reserves the right to reject any and all proposals. The DNR may negotiate the terms of the
contract, including the award amount, with the selected proposer prior to entering into a contract. If
contract negotiations cannot be concluded successfully with the highest scoring proposer, the agency may
negotiate a contract with the next highest scoring proposer.
3.5
Award and final offers
The DNR will compile the final scores for each proposal. The award may be granted to the highest scoring
responsive and responsible proposer or multiple proposers to ensure that the DNR can procure used
vehicles in a timely fashion. The proposer or proposers may be required to submit final and best offers;
however a proposer should not expect that the DNR will request a final and best offer. If final and best
offers are requested by the DNR and submitted by the vendor, they will be evaluated against the stated
criteria, scored and ranked by the evaluation committee. The award then will be granted to the highest
scoring proposer or proposers.
12
3.6
Notification of intent to award
All vendors who respond to this RFP will be notified in writing of the DNR's intent to award the contract(s)
as a result of this RFP.
After notification of the intent to award is made, and under the supervision of agency staff, copies of
proposals will be available for public inspection from 8:30 a.m. to 3:30 p.m. at the DNR’s Central Office in
Madison, WI. Vendors should schedule reviews with Rick House by phone at (608) 267-7208, or by email
at: [email protected]
3.7
Appeals process
The appeals procedure applies only to those requests for proposals that are greater than $50,000. Notices of
intent to protest and protests shall be made in writing. Protesters shall make their protests as specific as
possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have
been violated. Any protest of this DNR solicitation or of any intent to award issued as a result of this RFP
process must be made as provided by the Wisconsin Administrative Code and the State Procurement
Manual.
No later than five (5) working days after the date of this solicitation or no later than five (5) working days
after any intent to award is issued by DNR, a written notice of a vendor’s intent to protest must be received
by:
Cathy Stepp – Secretary
C/o Tim Sell
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53703-7921
The complete written protest must then be received by the DNR Secretary (and/or his designee) at the above
address, no later than ten (10) working days after any notice of intent to award is issued, or no later than ten
(10) working dates after the date of this solicitation. All properly filed protests will be reviewed and the
DNR Secretary will issue a decision regarding the protest. The decision of the DNR Secretary may then be
appealed to the Secretary of the Department of Administration, 101 E. Wilson St., Madison, WI 53703,
within five (5) working days of its issuance, with a copy of such appeal filed with the DNR, provided that
the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code .
13
4.0
PROPOSER QUALIFICATIONS
Please address your experience and expertise in each area listed below. Please include this narrative in Tab 3 of
your response to this request for proposal. Responses in the proposal must be in the same sequence and numbered
as they appear here. Be specific and discuss all positions and projects you have been involved with that pertain to
these areas, including the dates for which you were involved.
Mandatory Qualifications
The items below are mandatory and proposals not including any one of them shall be rejected without further
consideration. Please select Yes or No on the response below. Your response below requires a response of “Yes”
to continue. Proposals must include documentation that you:
Requires a Response of “Yes” to continue
Are you a licensed vehicle dealer? Describe ___________________________________
Yes
No
Do you have a buyer-seller protection contract?
Do you have an inspection process?
Do you have a Return Policy?
Do you sell to Commercial or Government Fleets?
4.1 Other Qualifications
4.1.1
Provide in detail your settlement process for vehicles that are unacceptable upon delivery. Also
provide in detail any associated fees for the returned vehicle.
4.1.2
Provide a summary of the types of different commercial and government fleets that you have
sourced and sold to, in the last three (3) years.
4.1.3
Provide a summary (by vehicle classification … see Page 31) of vehicles and quantities sourced
and sold to commercial and government fleets, in the last three (3) years.
4.2
Specific Experience
4.2.1
Describe your experience and the number of years of experience sourcing and procuring used
vehicles for commercial and government fleets.
4.3
Vendor References
Please provide a list of at least three current clients or organizations, including those listed in your response
to Sections 4.2 and 5.0, for whom you have provided services like those required by this solicitation within
the last five years. For each reference, the proposer must include the name, title, address, and telephone
number of a contact person along with a brief description of the project or assignment that was the basis for
the business relationship. The procuring agency will determine which, if any, references to contact to assess
the quality of work performed and personnel assigned to the project. The results of any references will be
provided to the evaluation committee and used in scoring the proposal. Please use the attached Vendor
Reference Form (DOA-3478) to provide reference information.
14
5.0
TECHNICAL REQUIREMENTS
5.1
Used Passenger Vehicles for Class 1-3
The individual or firm awarded this contract will be required to perform the following duties over the
course of the contract. The Department anticipates that the contractor will provide these services. Please
summarize your qualifications and experience pertinent to your ability to perform in Class 1-3, Appendix
A, page 31. Be specific and discuss all business transactions you have been involved that pertain to these
areas, for which you were involved.
5.1.1
5.1.2
5.1.3
5.1.4
5.1.5
5.1.6
5.1.7
5.1.8
Please describe in detail your process of sourcing and providing used vehicles.
Describe in detail your license and vehicle registration process to the State of Wisconsin.
Please describe the industry standard scale to be used for vehicles inspection and condition. See
7.1.3 for additional detail.
Describe how your buying technique creates the best value for your customers.
Detail your delivery time (in weeks) to 2421 Darwin Rd, Madison, WI 53704 from the time you
receive a written Purchase Order.
Please describe any innovations or ideas that may be valuable to this contract.
Describe your electronic invoicing and electronic payments options.
Describe settlement process for unacceptable vehicles upon delivery, such as: unpleasant odors,
undisclosed body damage or mechanical issues, ¼ tank of fuel minimum, vehicles must be clean
with all stickers removed from the body/shield prior to delivery with the exception of any sticker
required by law etc….
15
6.0
COST PROPOSAL
6.1
General instructions on preparing cost proposals
The cost proposal should be submitted in a separate envelope with the written proposal. Use the form
supplied in Section 9.0. The cost proposal scores will be calculated with the most points awarded to the
proposal with the lowest cost for (Class 1-3). There may be one award made to one vendor or multiple
awards. Other cost proposals will be assigned points that correlate to those assigned to the lowest cost
proposal(s). Cost proposal shall be a flat fee that includes all fees and delivery per Section 1.2 Scope of
Project.
6.2
Fixed price period
All prices, costs, and conditions associated with flat fees list below and outlined in the proposal shall remain
fixed and valid for acceptance for the first year of the contract starting on the due date for proposals.
Fees to be included in the proposal:
 Service Fee – Fee collected by vendor for each procurement occurrence
 Auction Fee - Fee paid to an auction company (if applicable)
 Vehicles must pass a certified post auction inspection, using the attached Vehicle Safety Inspection
sheets on pages 27 through 29.
 Vendor must provide a CarFax® report on all vehicles if available.
 Vendor must include license and registration fees. (Vehicle must be licensed upon delivery.
Procuring fleet program will designate plate type at time of procurement.)
 Inspection Fee - Fee paid for certified post auction inspection
 All vehicle delivery costs will be included to get vehicle to 2421 Darwin Road, Madison
Wisconsin 53704.
Prices established in continuing agreements/subsequent years 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 for subsequent years proposed shall be submitted to the contracting agency
thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to
fully documented cost increases to the contractor which are demonstrated to be industry wide. The
conditions under which price increases may be granted shall be expressed in bid/proposal documents and
contracts or agreements and mutually agreed upon by the State of Wisconsin, Department of Natural
Resources and the contractor.
All price increase requests must be submitted in writing to Rick House by any of the three methods listed
below. If approved, the price increase will be documented in the form of a contract amendment. Increases
shall not affect any orders written prior to the effective date of the increase.
USPS
Rick T. House FN/2
WI Department of Natural Resources
PO Box 7921
Madison, WI 53707-7921
Common Carrier and Hand Delivery Address
Rick T. House FN/2
WI Department of Natural Resources
101 S. Webster St.
Madison, WI 53703
Email: [email protected]
16
7.0
SPECIAL CONTRACT TERMS AND CONDITIONS
7.1
Payment requirements
Vendor invoice(s) must include vendor’s flat fee and documentation of the original purchase price for each
subject vehicle(s) (auction records, bill of sales, etc.) transaction. Send all invoices to: DNR Fleet, 2421
Darwin Road, Madison, Wisconsin 53704. All invoices must include the agency purchase order number
along with details of each vehicle purchased. The agency does not guarantee a minimum number of
purchases for this contract or a minimum total dollar value for this contract. The agency will pay the
invoice upon acceptance of the vehicle and approval for payment by the DNR Fleet Manager or agency
designee…. all fees and invoice cannot be greater than the strike price.
7.2
Executed contract to constitute entire agreement
In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and
revisions, and the proposal of the successful bidder, and additional terms agreed to, in writing, by the
Department and 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.
2.
3.
4.
7.3
Applicable State of Wisconsin statutes and regulations.
The terms of the resulting Contract.
The terms of Bidder’s Bid as accepted by the State.
The terms of the RFP as amended.
General Performance Specifications:






7.4
All requested vehicles and/or its equipment must be capable of performing at an effectiveness level
in accordance with manufacturer's specifications.
All requested vehicles and/or its equipment must be capable of performing all operations in
accordance with manufacturer's advertised data sheets and technical publications.
Equipment Required: All vehicles must have all standard equipment as stated at time of request by
the requesting agency. Any requested vehicles not supplied with equipment, special packages or
options from packages as specified are not acceptable. The only exception to this rule is any
devices such as “subscription services, and telemetric devices”.
Defective Product: Any vehicles and/or its equipment determined at inspection to be defective
(unless noted and agency has given written authorization) shall be returned and replaced at
vendor’s cost.
Vehicles delivered in an unacceptable condition i.e.(not meeting grade/condition as stated, smoke
smell interior, dirty interior/exterior, person delivering is unpleasant/unprofessional and unable to
work with staff at delivered location, altered an any fashion as to mask problem conditions, not
meeting specifications of this RFP unless previously accepted in writing.
Specialty vehicles or vehicles requiring up-fitted attachments or unique features may need to be
tested after delivery at DNR location before vehicle is considered “acceptable”. Any vehicle not
meeting functional performance standards may be rejected and subjected to be returned and
replaced at vendor’s cost.
Termination of contract
The agency may terminate the contract at any time at its sole discretion by delivering 30 days written notice
to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost of the services
performed as of the date of termination plus expenses incurred with the prior written approval of the
agency. In the event that the contractor terminates the contract, for any reason whatsoever, it will refund to
the agency within 5 days of said termination, all payments made hereunder by the agency to the contractor
for work not completed or not accepted by the agency. Such termination will require written notice to that
effect to be delivered by the contractor to the agency not less than 30 days prior to said termination.
17
7.5
Cooperative Purchasing
Wisconsin Statues (s. 16.73, Wis. Stats.) established authority to allow Wisconsin municipalities to
purchase from State contracts. For cooperative bidding services, a Vendor Agreement will be optional for
RFP No. B-024-23. Form DOA-3333 is attached, please complete and return with your proposal. By
agreeing to extend the contract to other municipalities additional units may be purchased other than the
initial units requested.
18
8.0
STANDARD TERMS AND CONDITIONS
The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract
negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)).
Failure of the successful proposer to accept these obligations in a contractual agreement may result in
cancellation of the award.
19
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired.
When alternates are
bid/proposed, they must be identified by manufacturer,
stock number, and such other information necessary to
establish equivalency. The State of Wisconsin shall be the
sole judge of equivalency. Bidders/proposers are cautioned
to avoid bidding alternates to the specifications which may
result in rejection of their bid/proposal.
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.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices
shall reflect these discounts.
6.1
6.2
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.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the
lowest responsible, responsive bidder unless otherwise
specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
A good faith dispute creates an exception to prompt
payment.
12.0
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.
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
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
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.
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
15.0
16.0
17.0
18.0
19.0
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.
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.
APPLICABLE LAW AND COMPLIANCE: This contract
shall be governed under the laws of the State of
Wisconsin. The contractor shall at all times comply with
and observe all federal and state laws, local laws,
ordinances, and regulations which are in effect during the
period of this contract and which in any manner affect the
work or its conduct. The State of Wisconsin reserves the
right to cancel this contract if the contractor fails to follow
the requirements of s. 77.66, Wis. Stats., and related
statutes regarding certification for collection of sales and
use tax. The State of Wisconsin also reserves the right to
cancel this contract with any federally debarred contractor
or a contractor that is presently identified on the list of
parties excluded from federal procurement and nonprocurement contracts.
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
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:
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.
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.
19.1
23.3
The state reserves the right to require higher or
lower limits where warranted.
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
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.
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.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection
prior to issuance of the notice of intent to award or the
award of the contract.
27.0
28.0
PROPRIETARY INFORMATION: Any restrictions on the
use of data contained within a request, must be clearly
stated in the bid/proposal itself. Proprietary information
submitted in response to a request will be handled in
accordance with applicable State of Wisconsin
procurement regulations and the Wisconsin public records
law. Proprietary restrictions normally are not accepted.
However, when accepted, it is the vendor's responsibility
to defend the determination in the event of an appeal or
litigation.
27.1
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a
result of the contracted commodities or services
cannot be copyrighted or patented. All data, documentation, and innovations become the property of
the State of Wisconsin.
27.2
Any material submitted by the vendor in response to
this request that the vendor considers confidential
and proprietary information and which qualifies as a
trade secret, as provided in s. 19.36(5), Wis. Stats.,
or material which can be kept confidential under the
Wisconsin public records law, must be identified on
a Designation of Confidential and Proprietary
Information form (DOA-3027). Bidders/proposers
may request the form if it is not part of the Request
for Bid/Request for Proposal package. Bid/proposal
prices cannot be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official or
a member of the official's immediate family owns or
controls a ten percent (10%) interest, is a party to this
agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a twelve
(12) month period, this contract is voidable by the state
unless appropriate disclosure is made according to s.
19.45(6), Wis. Stats., before signing the contract.
Disclosure must be made to the State of Wisconsin Ethics
Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain
University of Wisconsin faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT:
The
contents of the bid/proposal of the successful contractor 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.
3.2 Contractors shall agree as part of the contract for services
that during performance of the contract, the contractor will
neither provide contractual services nor enter into any
agreement to provide services to a person or organization
that is regulated or funded by the contracting agency or
has interests that are adverse to the contracting agency.
The Department of Administration may waive this
provision, in writing, if those activities of the contractor will
not be adverse to the interests of the state.
4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits
an individual who is a State of Wisconsin employee or who is
retained as a contractor full-time by a State of Wisconsin
agency from being retained as a contractor by the same or
another State of Wisconsin agency where the individual
receives more than $12,000 as compensation for the
individual’s services during the same year. This prohibition
does not apply to individuals who have full-time appointments
for less than twelve (12) months during any period of time that
is not included in the appointment. It does not include
corporations or partnerships.
5.0 EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person or
persons and of the contracting agency.
6.0 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
contractor shall establish and maintain adequate records of all
expenditures incurred under the contract. All records must be
kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not less
than three (3) years after final payment is made.
3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1 Prior to award of any contract, a potential contractor shall
certify in writing to the procuring agency that no
relationship exists between the potential contractor and
the procuring or contracting agency that interferes with fair
competition or is a conflict of interest, and no relationship
exists between the contractor and another person or
organization that constitutes a conflict of interest with
respect to a state contract.
The Department of
Administration may waive this provision, in writing, if those
activities of the potential contractor will not be adverse to
the interests of the state.
8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties
hereto agree that the contractor, its officers, agents, and
employees, in the performance of this agreement shall act in
the capacity of an independent contractor and not as an officer,
employee, or agent of the state. The contractor agrees to take
such steps as may be necessary to ensure that each
subcontractor of the contractor will be deemed to be an
independent contractor and will not be considered or permitted
to be an agent, servant, joint venturer, or partner of the state.
9.0
REQUIRED FORMS
The following forms must be completed and submitted with the proposal in accordance with the instructions given in
Section 2.4. Blank forms are attached. Please include these forms in Tab 2 of your response to this request for
proposal except the Cost Proposal Form see section 2.3.
Designation of Confidential and Proprietary Information (DOA-3027)
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Vendor Agreement (Optional) (DOA-3333)
Cost Proposal Form (see section 2.3)
22
STATE OF WISCONSIN
DOA-3027 N (R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Request for Proposal #B-024-23 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.
23
STATE OF WISCONSIN
Bid / Proposal #
B-024-23
DOA-3477 (R05/98)
Commodity / Service
USED VEHICLES
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
FEIN
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
24
STATE OF WISCONSIN
Bid / Proposal #
DOA-3478 (R12/96)
B-024-23
Used Licensable Vehicles
VENDOR REFERENCE
Please include this form in Tab 4 of your response to this request for proposal.
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the
product(s) and/or service(s) used for four (4) 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.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
25
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Division of State Agency Services
State Bureau of Procurement
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the
service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school
directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the
authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may
participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.
Interested municipalities:
will contact the contractor directly to place orders referencing the state agency contract number; and
are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the
contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or
payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin
municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin
municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery
areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions
noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
City
State
Commodity/Service
)
ZIP + 4
Request for Bid/Proposal Number
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
26
VEHICLE SAFETY INSPECTION – PAGE 1
Make
Model
VIN. #
Miles
Yes

No
 Cooling System Problem
Yes

Safe To:
No

Gauge or Device Problem
Explain:


Indicate a System Problem
Explain:

 Dash Lights or Gauge Light Problem
Explain:

 Transmission Fluid Dirty
Explain:

 Shifting Problem
Explain:
Explain:

 Abnormal Noise or Vibration
Explain:


 Visible Cracks, Damage to Cases, Housings
 Signs of Excessive Oil Consumption
Explain:

Engine Size:
 Abnormal Noise
Other Equipment
Explain:

 Signs of Cracked Block, Head, or Gaskets

 ABS Brake System Problem

 A/C Problem
Explain:

Explain:
 Misses or Backfires

Explain:

 Idles Improperly, Stalls, Diesels

 Heating System
Explain:
 Belts Missing, Frayed or Cracked

Explain:

 Cruise Control Problem
Explain:
Explain:

 Corrective Welds or Other Evidence
of Repair to Strut Tower, Floor Pan
Frame, or Structural Support
Explain:
Explain:

Repaired Damage
 Sound System Problem
Explain:
 Serpentine Belt Cracked/frayed
27

 Spare Tire and Jack Missing

 Owners Manual Missing
VEHICLE SAFETY INSPECTION – PAGE 2
Fluids – Leaks from 0 to 5 (0 = None and 5 Being Worst)
Yes

No
Yes
 Oil Level OK
Oil Pan Gasket
Transfer Case
Rear End
Other:
No
Power Accessories

0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
 Power Lock Problem
Explain:

 Power Seat Problem
Explain:

 Transmission Level OK
Pan Gasket
Drive Shaft Seal
Front Axle(s)
Rear Axles(s)
Cooler Lines
Other:



 Engine Modifications
Explain:

 Electronic control Module Problem
Explain:
0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 – 5
Fluid Added
0 - 1- 2 – 3 – 4 – 5
0 - 1- 2 – 3 – 4 – 5
 Window Washer Level OK

 Odometer Problem
Other:
Explain:

Brake System
Front Drivers
Front Passenger
Rear Drivers
Rear Passenger
%
%
%
%
 Steering System Problem
Explain:

 Struts/Springs Broken

 Inner/Outer Tie rod Play

 Pitman Arm Play
Explain:


Brake System is Not Safe
Explain:

 Ball Joint Problem

 Brake Pulsation

 Parking Brake Problem



 Bumper Problems
Vibration at
Speed
Tires
Front Drivers
Front Passenger
Rear Drivers
Rear Passenger
Explain:

Quantity
Oil
Brake Fluid
Transmission Fluid
Power Steering Fluid
Anti-Freeze
Windshield Fluid
 Power Steering Level OK
Hose(s)
Rack/Pinion
Other:
 Power Sunroof Problem
Explain:
 Brake Level OK
Caliper(s)
Lines(s)
Other:


0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
0 - 1- 2 – 3 – 4 - 5
 Door Problems
%
%
%
%
Explain:

 Hood Problem

Explain:
 Tire Pressure Problem
Explain:
28
VEHICLE SAFETY INSPECTION – PAGE 3
Yes

No
Yes
 Trunk Problem

No

Wheel or Rim Problem
Explain:


Windshield Problem
Explain:
Explain:


Window Problem
Explain:
Fender, Firewall or Floor Pan Problem
Explain:


Mirror Problem
Explain:
Frame or Unibody Problem
Explain:


Wiper Problem
Explain:
Fuel System Problem
Explain:


Window Washer System Problem
Explain:
Holes/Antennas/Etc. in Roof/Trunk/Hood
Explain:


Required Jump Start
Explain:



 Exhaust System Problem








Hub Caps/Wheel Covers Missing


Horn Problem


Alternative Fuel

 Head Light Problem


Seat Belt or Airbag Problem
Explain:


Front and Rear Turn Signal Problem
Explain:


Vehicle is Safe to Drive
Explain:


Speedometer Problem
Explain:
Additional Notes:
Inspected By:
Date:
29
COST PROPOSAL FORM
(Class 1-3)
Request for Proposal
#B-024-23
Wisconsin Department of Natural Resources
Used Passenger Vehicle Contract
Vendor Name: _______________________________________________________________________________
Address:
_________________________________________________________________________
_________________________________________________________________________
Email address_________________________________________________________________________
BID RATE
Class 1-3
$
* Flat Fee
*Flat Fee – Fees to be included in the proposal per Section 1.2 Scope of Project.
________________________________________
Signature
_____________________
Date
Please print contact name: ____________________________________________
30
APPENDIX A
The purpose of this appendix is to document the vehicle classification for the project. The vehicle classification used by
FHWA is described below.
FHWA VEHICLE CLASSIFICATION
FHWA classifies vehicles into the following 3 classifications:
Class 1 - Motorcycles (Optional) - All two or three-wheeled motorized vehicles. Typical vehicles in this category have saddle
type seats and are steered by handlebars rather than steering wheels. This category includes motorcycles, motor scooters,
mopeds, motor powered bicycles, and three-wheel motorcycles. This vehicle type may be reported at the option of the State.
Class 2 - Passenger Cars - All sedans, coupes, and station wagons manufactured primarily for the purpose of carrying
passengers and including those passenger cars pulling recreational or other light trailers.
Class 3 - Other Two-Axle, Four-Tire Single Unit Vehicles - All two-axle, four-tire, vehicles, other than passenger cars.
Included in this classification are pickups, panels, vans, and other vehicles such as campers, motor homes, ambulances,
hearses, carryalls, and minibuses. Other two-axle, four-tire single-unit vehicles pulling recreational or other light trailers are
included in this classification. Because automatic vehicle classifiers have difficulty distinguishing Class 3 from class 2, these
two classes may be combined into Class 2.
31
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