0044-K.docx

STATE OF WYOMING

DEPARTMENT OF ADMINISTRATION & INFORMATION

GENERAL SERVICES DIVISION, PROCUREMENT SECTION

2323 CAREY AVENUE

CHEYENNE, WY 82002

REQUEST FOR PROPOSAL NUMBER 0044-K

STATE OF WYOMING, DEPARTMENT OF CORRECTIONS

2024-2025 COMMISSARY RFP: Condiments

PROPOSAL DUE DATE AND TIME

OCTOBER 1, 2024 – 2:00:00 P.M. MOUNTAIN TIME

AGENCY REPRESENTATIVE:

Eleya Earl

PROCUREMENT REPRESENTATIVE: BRENDA CROZIER

EMAIL ADDRESS: brenda.crozier@wyo.gov

TELEPHONE NUMBER: 307-777-6708

Table of Contents

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SECTION 1: REQUEST FOR PROPOSAL

1. SUBMISSION OF PROPOSALS:

The A&I Procurement Office will receive proposals for providing Commissary Items for the inmate commissary for the State of Wyoming, Department of Corrections (Agency) through the Public Purchase online bidding system. Proposals are due no later than 2:00:00 P.M. (Mountain Time) on October 1, 2024.

The technical proposal and cost proposal should be uploaded as separate documents and identified as such.

1.1. Proposals should be accompanied by the attached Proposal Price Sheet and signed by the proper official of the firm. All proposals should be uploaded on the Public Purchase online bidding system. Proposals sent by facsimile, email or paper copy may be rejected.

1.2. Proposals should be submitted through the Public Purchase online bidding system on or before the date and time specified. Proposals received after the date and time specified may be rejected.

1.3. The State of Wyoming reserves the right to withdraw this Request for Proposal, without cause, at any time before a contract has been fully signed and submitted to the A&I Procurement Office.

2. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:

2.1. A proposal may be altered through the Public Purchase online bidding system before the proposal due date and time contained in this document.

2.2. The proposer may withdraw its proposal through the Public Purchase online bidding system up to the proposal due date and time contained in this document. If a proposal is accepted and the proposer fails to furnish the service agreed upon in the proposal, that proposer may be eliminated from future consideration.

3. PREPARATION OF PROPOSALS:

3.1. A proposal may be rejected if it modifies any of the provisions, specifications or minimum requirements of the Request for Proposal.

3.2. In case of error in the extension of prices in the proposal, unit prices will govern.

4. AWARD AND CONTRACT INFORMATION:

4.1. The State of Wyoming will ensure that minority business enterprises will be afforded full opportunity to submit proposals. The State of Wyoming will not discriminate on the grounds of age, race, color, sex, creed, national origin, or disability status.

4.2. The proposer also, agrees that should their firm be awarded a contract, it will not discriminate against any person who performs work there under because of age, race, color, sex, creed, national origin or disability. In addition, the successful proposer shall comply with the Americans with Disability Act and the Wyoming Fair Employment Practices Act.

4.3. The proposer expressly warrants to the State that it has the ability and expertise to perform the contract if awarded. In doing so, it shall use the highest standards of professional workmanship.

4.4. The State of Wyoming reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part, if deemed to be in the best interest of the State to do so. The A&I Procurement Office will award the contract to the firm, determined to have the most responsive and responsible proposal by the Agency.

4.5. The successful proposer will be required to agree to and execute a formal contract with the State containing terms required by the Attorney General with reasonable adjustments acceptable to the State.

4.6. If applicable, the State will negotiate payment terms based upon a schedule to be determined by the proposer and the State. Paying invoices will be based upon the proposer successfully completing the deliverables within the stated deadlines, and upon the Agency’s written acceptance of the deliverables or services.

DATED: SEPTEMBER 3, 2024

State of Wyoming Procurement Section Buyer: Brenda Crozier

SECTION 2: GENERAL PROVISIONS

1. INSURANCE:

1.1. The contract between the successful proposer and the State shall require the successful proposer to carry certain insurance policies. All such insurance policies, except workers’ compensation and unemployment compensation policies, shall contain a waiver of subrogation against the Agency and the State, its agents and employees.

2. LAWS TO BE OBSERVED:

2.1. The proposer shall keep fully informed of, and comply with, all applicable federal and state laws or rules, all local bylaws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority. The proposer shall protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any law, bylaw, ordinance, regulation, order or decree whether by himself or its employees.

3. ASSIGNMENT:

3.1. The proposal shall not be assigned by the proposer. Third party participation is authorized only as a joint venture that shall be clearly stated in detail in the original proposal and signed by all parties participating.

3.2. The proposer shall not enter into any subcontracts for any of the work contemplated under this Request for Proposal without the State’s prior written authorization.

4. EXTENSION AND AMENDMENT:

4.1. The proposer and the State covenant and agree that this proposal or subsequent contract may, with the mutual approval of the proposer and the State, be extended one year at a time, for a total contract period not to exceed three (3) years.

5. AUDIT AND ACCESS TO RECORDS:

5.1. The State or any of its duly authorized representatives shall have access to the proposer’s books, documents, papers, electronic data and records that are directly pertinent to this Request for Proposal.

6. CONFLICT OF INTEREST:

6.1. The proposer warrants that no kickbacks, gratuities, or contingency fees have been paid in connection with this Request for Proposal and none have been promised. The proposer warrants that no one being paid pursuant to the proposal is engaged in any activity that would constitute a conflict of interest with respect to the purchases of the proposal.

7. NO FINDER’S FEE:

7.1. The proposer warrants that no finder’s fee, employment agency fee, or any such fee related to the proposal shall be paid.

8. SOVEREIGN IMMUNITY:

8.1. Pursuant to Wyoming Statute § 1-39-104(a), the State of Wyoming and the Agency expressly reserve sovereign immunity and specifically retain all immunities and defenses available to them as sovereigns. The proposer acknowledges that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designation of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Request for Proposal shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

9. INDEMNIFICATION:

9.1. The proposer shall release, indemnify, and hold harmless the State, the Agency and its officers, agents, and employees from any and all claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of the proposer’s failure to perform any of the proposer’s duties and obligations hereunder or in connection with the negligent performance of proposer’s duties and obligations, including, but not limited to, any claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of proposer’s negligence or other tortious conduct.

10. APPLICABLE LAW/VENUE:

10.1. The construction, interpretation, and enforcement of this Request for Proposal shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer to this Request for Proposal as a whole and not to any particular provision or part.

11. RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY AND INTELLECTUAL ASSETS SUBMITTED FOR THE RFP (IF APPLICABLE):

11.1. It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property or intellectual assets submitted in relation to the Request for Proposal shall be and is solely vested in the State. This includes all intellectual property and intellectual assets related to both the written proposal and the oral presentation and any and all documents, pitches, products, media pitches, web screens, layouts, etc. produced for the written proposal and the oral presentation, and any updates, changes, alterations, or modifications to or derivative works.

SECTION 3: SPECIAL PROVISIONS INFORMATION

PROPOSALS SHOULD BE SUBMITTED THROUGH THE PUBLIC PURCHASE ONLINE BIDDING SYSTEM BY 2:00:00 P.M. MOUNTAIN TIME ON OCTOBER 1, 2024. PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED MAY BE REJECTED.

It is the responsibility of the proposer to clearly identify all information that is considered confidential in accordance with the Wyoming Public Records Act, Wyoming Statute §16-4-201 through §16-4-205. Please identify each confidential page with the word “CONFIDENTIAL” in capital, bold letters centered at the bottom of each page. Information not clearly marked may be considered public. If the proposer submits information that it believes is confidential, it should include a statement justifying its basis for that belief.

1. STATE PARTIES:

1.1. This Request for Proposal is issued by the Wyoming Department of Administration and Information, General Services Division, Procurement Section (Procurement) on behalf of the State of Wyoming, Department of Corrections (Agency).

1.2. Throughout this document and others in connection with this project, various references are made, or will be made to the “State.” Generally, whenever this reference appears, the term “State” incorporates all state agencies working on this project.

1.3. It should be understood that the Director of Agency is empowered to be the signatory on all contracts, agreements, or modifications pertaining to this project. Any contracts, agreements, or modifications not bearing this signature or that of a designee are invalid.

2. CONTENT AND PROCUREMENT POINTS OF CONTACT:

2.1. Procurement is the primary point of contact from the date of release of the Request for Proposal until a proposer is selected and the selection is announced.

2.2. Written questions about the procurement should be submitted through the Public Purchase online bidding system until 2:00:00 P.M. Mountain Time on September 17, 2024. Any questions received after that deadline may not be accepted or considered. Each question should be submitted individually. It is the proposer’s responsibility to check the Public Purchase online bidding system for answers to questions, addenda, or bid tabulations. Telephone calls, emails or faxes may not be accepted.

2.3. Written responses will be available through the Public Purchase online bidding system. Responses will not identify the firm that submitted the question. Only the written answers issued by the Agency are the official position on an issue, and these answers shall become part of the Request for Proposal.

3. RESTRICTIONS ON COMMUNICATIONS WITH AGENCY STAFF:

3.1. Until a proposer is selected and the selection is announced, proposers shall not communicate with Agency staff except via written questions through the Public Purchase online bidding system.

3.2. If a proposer violates this restriction, the State reserves the right to reject the proposal.

4. EFFECTIVE DATES OF PROPOSAL:

4.1. All terms, conditions and costs quoted in the proposer’s response will be binding on the proposer for one-hundred eighty (180) days from the effective date of the proposal.

5. ADVERTISING AWARD CONDITIONS:

5.1. A fully executed contract should be completed with the State before the successful proposer may advertise the award of the contract or the services being performed. The proposer should agree not to refer to awards in commercial advertising in such a manner that states or implies that the firm or its services are endorsed or preferred by the State of Wyoming.

6. CONTRACT NEGOTIATIONS:

6.1. The State will notify the most qualified/successful proposer and negotiate a contract in accordance with the Wyoming Attorney General’s contract guidelines. The successful proposer will be required to enter into and sign a formal contract with the Agency.

6.2. In the event the Agency determines contract negotiations are making no forward progress, negotiations will be terminated, and at the State’s sole discretion, negotiations may be initiated with the next most qualified/successful proposer, or the RFP may be withdrawn or reissued. This process will be followed until an agreement is reached, or until the State determines that the RFP will be withdrawn or reissued. The State assumes no obligation to a selected proposer until an agreement is reached and a contract is fully executed. The State will not negotiate concurrently with more than one proposer for the same award.

7. BEGINNING WORK:

7.1. The successful proposer may not perform any work that could be billed until a contract has been executed. The State will not pay for any work by the proposer before a contract is executed.

8. COPYRIGHT INFRINGEMENT:

8.1. The proposer warrants that no materials, products, and services proposed will infringe upon or violate any patent, copyright, trade secret, or other proprietary right of any third party. In the event of a claim by any third party against the State, the State shall promptly notify the proposer, and the proposer shall defend the claim. The defense will be at the proposer’s expense.

9. COST OF PREPARING PROPOSALS:

9.1. All costs incurred for preparing the proposal and for other procurement related activities are solely the proposer’s responsibility. The State of Wyoming will not provide reimbursement of these costs.

10. RISKS AND LIABILITIES:

10.1. By submitting a proposal, a proposer assumes any and all risks and liability associated with information in the proposal and its release.

11. AMENDMENTS:

11.1. The State reserves the right to amend this Request for Proposal before the proposal submission date. Amendments shall be uploaded to the Public Purchase online bidding system. It is the proposer’s responsibility to check the Public Purchase online bidding system for amendments.

12. PROPERTY DAMAGE AND LIABILITY INSURANCE:

12.1. The proposer may be required to furnish proof of property damage liability insurance in the amount deemed necessary by the Agency for this project, if applicable.

12.2. Questions regarding required insurance coverage and limits for this project should be submitted in writing, in accordance with instructions outlined in the special provisions.

13. MISREPRESENTATION OF INFORMATION:

13.1. Misrepresentation of a proposer’s status, experience, or capability in the proposal may result in disqualification of that proposer from the selection process. Discovery of litigation or investigations in a similar area of endeavor may, at the discretion of the Agency and after consultation with Procurement, preclude the proposer from the selection process.

14. DISPOSITION OF PROPOSALS:

14.1. All material submitted becomes property of the State of Wyoming, which is under no obligation to return any of the material submitted.

15. LEGAL CONSIDERATIONS:

15.1. This Request for Proposal is issued under Wyoming Statute §9-2-3204.

16. PROPOSER RELATIONS WITH STATE:

16.1. The proposer and its staff will have an ongoing relationship with the State that is based on trust, confidentiality, objectivity and integrity. The proposer will operate at all times in the State’s best interests and in a straightforward, trustworthy and professional manner. The proposer shall:

16.1.1. Work cooperatively with the State’s staff and business partners whenever required.

16.1.2. Work cooperatively with the staff of other proposers whenever required.

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SECTION 4: KEY DATES

SECTION 5: ADMINISTRATIVE BACKGROUND

1. INTRODUCTION AND BACKGROUND:

1.1. The Wyoming Department of Corrections (WDOC) has five different facilities throughout the State of Wyoming. There is the Wyoming State Penitentiary located in Rawlins, WY; the Wyoming Honor Farm located in Riverton, WY; the Wyoming Women’s Center located in Lusk, WY; the Wyoming Honor Conservation Camp located in Newcastle, WY; and the Wyoming Medium Correctional Institution located in Torrington, WY. Each of these facilities operates a Commissary that allows the inmates at each location to purchase a variety of goods for themselves at a resale price.

1.1.1. WDOC is currently in the process of updating the process it uses to bid the items that are sold by the facility Commissaries. In the past, we have had some issues with the shipping to all of the locations within the State and would prefer to be able to work with Contractors that can provide services to the whole State at each facility.

2. PURPOSE AND INTENT:

2.1. The purpose of this Request for Proposal (RFP) is to solicit competitive proposals from proposers who can offer the commissary items that are listed in Attachment A, to meet the Agency’s needs and expectations, as described within this RFP.

SECTION 6: REQUIREMENTS/SPECIFICATIONS

1. SCOPE OF PROJECT:

The proposers will be submitting competitive proposals for commissary items that are listed in Attachment A, in order to meet the Agency’s needs.

2. GENERAL REQUIREMENTS:

The proposers must be able to provide the items listed in Attachment A to this RFP. All specific requirements are listed below:

2.1. Scope of Activity – Contractor

2.1.1. The Wyoming Department of Corrections (WDOC) operates offender commissaries within the five (5) correctional institutions for offenders to purchase approved food, clothing, appliances and other items. By WDOC policy, the selection of items approved and available for purchase in the commissary is decided by the Prison Division Administrator or designee. The WDOC continues to strive toward standardization of an approved list in order to provide uniformity in product and pricing in the commissaries. Items on the list are competitively bid in order to obtain the best possible pricing for the WDOC.

2.1.2. The products that are included in this proposal are in Attachment A. The specific items that each proposer should propose on for this Proposal should only be for the items in Attachment A.

2.1.2.1. Preference points may be given to proposers who can provide all items that are requested in Attachment A.

2.1.3. All prices should include transportation costs in the total RFP cost; there should be no additional charges for freight, fuel surcharges, shipping, taxes, insurance, interest penalties, termination payments, attorney fees, liquidated damages, etc.

2.1.4. The quantities listed on Attachment A, Pricing Page, are estimated based on individual units of sale using historical data of the same product for all 5 facilities. The WDOC makes no guarantees of single order quantities or total aggregate order quantities.

2.1.5. Preference points may be given to those proposers that can deliver to all five (5) locations. If a proposer cannot deliver to all five (5) locations this must be noted in your proposal.

2.1.6. The proposer(s) must ensure that all items bid shall conform to all mandatory specifications, terms, conditions and requirements as stated herein.

2.1.7. Specifications including brand, size and flavors (if applicable) are listed in Attachment A, Pricing Page. Attachment A shows a 12 month estimate quantity of purchases based on past order history; this does not guarantee that WDOC will purchase the exact amount or any amount, depending on each facilities need. WDOC has specified brands and sizes, which is what we currently have and will not change unless we do not get proposals on a specific product. If we do not get proposals on a specific product, then we will approach each proposer and ask for what they have as an alternate to the line proposed.

2.1.8. All items offered must be shelf stable and must not require refrigeration before or after opening, except for frozen foods. All items offered must be fresh and of retail quality.

2.1.8.1. All items and the cases they are delivered in must be labeled with the date of expiration. The date of expiration (shelf life) for all line items shall be a minimum of three (3) months from the date the product is accepted by the ordering prison facility. Any items received with a shelf life of less than three (3) months will be refused or returned at the awarded proposer’s expense.

2.1.9. Each item must be individually wrapped and the label must bear an identifying barcode for individual resale, the date of expiration or use by date, nutrition facts, ingredients, net weight, and name of item. Date of expiration or “use by” date must express the month, day and year.

2.1.9.1. Any items received that are expired or will expire within three (3) months will be returned, at the proposer’s expense.

2.1.10. Labels must not indicate refrigeration is needed before or after opening, except for frozen foods.

2.1.11. Sizes shall be within the range listed on Attachment A, Pricing Page.

2.1.12. There can be no metal on any container or packaging.

2.1.12.1. Glass containers are not acceptable and will not be considered for award.

2.1.12.2. Clear packaging is preferred and resealable packaging is preferred, except for carbonated beverages and ice cream (where applicable).

2.1.13. Select bottle and jar item containers are specified as “clear” for security and sanitation reasons. Alternate packaging may only be acceptable if no proposer can meet the packaging requirement.

2.1.14. Consumable and expendable items shall be non-flammable, non-toxic, non-combustible, non-alcoholic, and non-caustic.

2.1.15. Boxes or containers, as applicable, should be selected to the extent necessary to provide protection from physical and environmental damage during shipping and handling. Cushioning materials shall be applied, as required, to protect and to restrict movement of the item(s).

2.1.16. Following the award of the proposal, no substitution of an awarded item shall be permitted except in the case of natural disaster, item discontinuation, or the inability of a manufacturer to ship. The awarded proposer(s) must provide documentation from the manufacturer to substantiate the occurrence of any of these aforementioned situations. The awarded proposer(s) will be obligated to obtain a substitution to replace an awarded item that meets or exceeds the specifications of the item that was originally awarded at no additional cost to WDOC.

2.1.17. If any item is going to be outsourced, it must be noted on the proposal, as we have found that this has caused a significant delay in receiving orders.

2.1.18. The awarded proposer(s) must immediately notify the Trust Fund Manager, prior to the discontinuation of any item, change in packaging, size, or labeling of an item awarded. The awarded proposer(s) must accept orders for items which are to be discontinued for a full thirty (30) days following notice to the WDOC of such discontinuation.

2.1.19. The WDOC reserves the right, to all the awarded proposer(s), to substitute any new item offered by the proposer(s) on all unshipped and future orders if quality is equal to or greater than the item under Contract and if price is equal to or less than proposal price. The WDOC shall be the final authority as to acceptability of the proposed substitution. Substitutions must be approved in advance by a formal letter or email to the WDOC Inmate Trust Fund Manager.

2.1.20. The awarded proposer(s) shall not change the specified packaging and size of any item that has been awarded to the proposer(s) without prior approval by the WDOC. The WDOC recognizes that a change in packaging size may warrant a price adjustment. No price adjustment shall be made on any item awarded to the Contractor without written approval by a formal letter or email to the WDOC Inmate Trust Fund Manager.

2.1.20.1. Proposer should be able to clearly state if products are Kosher.

2.1.21. The awarded proposer(s) shall be responsible for replacing any item received that is defective or in damaged condition at no cost to the WDOC. This includes all shipping costs for returning damaged or defective items to the awarded proposers for replacement.

2.1.22. This proposal will be in effect on the date indicated in the Section 4: Key dates section.

2.1.22.1. Proposers should have the ability to fill orders starting on that date. Orders shall be placed by all five of the prison facilities. The awarded proposers(s) must begin accepting orders upon notice of award.

2.1.22.2. Any price changes must be entered into the system by the 27th of every month.

2.1.22.3. Initial orders and all subsequent orders shall ship the same business day or next business day to the ordering institution and must be delivered within ten (10) calendar days upon receipt of an authorized purchase order unless otherwise agreed upon.

2.1.22.4. All orders must be FOB Destination, Freight Prepaid and Allowed.

2.1.22.5. Proposers/ Trucking Companies should have a liftgate or a pallet jack available for the facilities that do not have these available for unloading products.

2.1.23. If at any time the awarded proposer(s) should encounter conditions impending delivery of the awarded item(s), the proposer shall immediately notify the ordering WDOC facility and Inmate Trust Manger, of the fact of the delay, its likely duration and its cause(s). The ordering facility, after receipt of the awarded proposer(s) notice, shall evaluate the situation and may, at its sole discretion, extend the time for delivery. In the event that a proposer’s awarded item is not available for ten (10) days or more, the item may be re-awarded to the next lowest proposer. NO BACKORDERS are allowed. The item(s) will be canceled by the proposer, upon notification to the ordering facility, and the ordering facility will evaluate the situation.

2.1.23.1. A delay in the performance of delivery obligations shall render the awarded proposer(s) liable for additional costs incurred by WDOC to obtain product from other sources, unless an extension of time is agreed upon.

2.1.24. Minimum Orders: There shall be no minimum order requirements other than the smallest unit of order (case). There shall be no minimum dollar amounts on total vendor orders.

2.1.25. Customer Service: The awarded proposer shall have ordering/customer service capabilities. This includes having the capacity to receive orders electronically, by telephone, FAX, or by written order. The awarded proposer shall provide a telephone number for phone orders. An individual specifically assigned to the WDOC account should be specified. The awarded proposer shall resolve all order discrepancies (i.e. shortages, overages, breakage, and incorrect items) with twenty four (24) hours of notification. If the discrepancies cannot be resolved in that time, then the awarded proposer shall take all steps which the WDOC deems to be reasonably necessary or appropriate, to resolve the discrepancies.

2.2. Scope of Activity – Agency

2.2.1. Each Facility and the Awarded Proposers will coordinate delivery schedules. Each individual facility has specific times that deliveries can be accepted based on security procedures. A delivery arriving during the time the facility does not accept deliveries will be delayed or refused. Any additional cost for delay or redelivery shall be the responsibility of the awarded proposer(s).

2.2.2. Item Selection and Sales Performance: The selection of allowable items to be sold in the offender commissaries is decided by Prison Division Administrator or designee. If at any time, WDOC decides to remove an awarded item(s) from the allowable list, the WDOC shall have the right to cancel that item(s). All other specifications, terms and conditions, including pricing on all non-affected awarded items shall remain the same.

2.2.2.1. Additional items choices shall not be added without WDOC approval. WDOC approval will entail the written request for a new item(s) by the Inmate Trust Fund Manager, or designee.

2.2.2.2. The purpose of items selected for resale is to maximize sales potential for the benefit of the offender Commissary Fund. Therefore, if an item shows an overall trend of a decrease in sales volume, the WDOC reserves the right to discontinue that item without penalty. Full cases of cancelled/discontinued items will be returned may be returned.

2.3. Proposal Instructions:

2.3.1. Proposers may propose multiple national or house brands if desired unless specified on the proposal description, but only one item will be awarded for each line item. Proposers should include the item number and description of the item (if it differs than what is being requested).

2.3.2. The WDOC recognizes that some or all of the items listed on Attachment A, Pricing Page, may be sold through local or territorial distributorships. The proposer(s) shall submit the distributor name and address for each distributor that will be servicing each prison facility, along with the Contact name and Contact phone number of the person who will receive orders from the facility. This information should be submitted with the proposer’s proposal response and must be received in order to be considered for proposal award.

2.3.3. Proposal detail Requirements and Deviations: It is the proposer’s responsibility to submit a proposal that meets all mandatory specifications stated herein. The proposer should clearly identify detailed specifications for the product being offered and any deviations from both the mandatory and desirable specifications stated in the proposal on the pricing pages. Any deviation from a mandatory requirement may render the proposal nonresponsive; any acceptability and impact on competition. A deviation from a mandatory specification should be addressed by the proposer in detail sufficient to explain whether the deviation alternatively meets or exceeds the mandatory specifications; said explanation shall be required for the proposer if requested by WDOC.

2.3.4. The proposer must submit a firm fixed price on Attachment A, Pricing Page as part of their proposal.

2.3.5. All items proposed must be available to all facilities at the firm fixed price provided on Attachment A, Pricing Page, unless it is noted on the proposal that it is for a specific location. If proposer cannot deliver to all locations, the proposer must indicate which locations it can deliver to and submit a fixed price proposal.

2.3.6. Pricing on individual (per) item will directly match case pricing.

2.3.6.1. Example; Item A is $1.00 (per item), case count is 100, Case pricing is $100.00.

2.3.6.2. All pricing must be in whole (two decimal) cents.

2.3.7. Pricing shall be considered firm for all items for twelve (12) months, after which pricing will be reviewed by WDOC and awarded proposer(s).

SECTION 7: PROPOSAL SUBMISSION REQUIREMENTS

1. TECHNICAL PROPOSAL, FORMAT AND CONTENTS:

1.1. Proposals should be submitted in two major sections: the Technical Proposal and the Cost Proposal. Omission of this section or any item within this section may result in the proposal being eliminated. The proposer should, at a minimum, address the following points:

1.1.1. Table of Contents: The table of contents should include all items listed in this section.

1.1.2. Executive Summary: The executive summary will condense and highlight the contents of the technical proposal in such a way as to provide the State with a broad understanding of the proposer’s qualifications and approach to meeting the requirements of the RFP.

1.1.3. Proposer Information: The proposer should include a company summary including the company history, location, office location(s), company size, and the statement of technical areas of expertise. The proposer should be able to substantiate to the satisfaction of the Agency that the proposer has sufficient resources to complete the project successfully within the time requirements.

1.1.4. Prior Experience: The proposer should include any prior experience with providing and delivering products to WDOC or any other correctional institution, and how the proposer can/has met the criteria for Correctional Institutions in the past.

1.1.5. Proposer’s Project Work Plan: The proposer should submit a work plan that meets the needs of the RFP and indicates a thorough understanding of the scope of work as outlined in Section 6. The proposer should identify realistic person hours of effort and responsibilities for the deliverables and each work activity. The main portion of this will be filling out Attachment A, Pricing Sheet.

1.1.6. Project Delays: Proposer should also describe how project delays will be addressed should they occur. This should include assurances that sufficient resources and knowledgeable, experienced staff are available to meet any project schedule.

1.1.7. Proposer Checklist: The proposer should submit a checklist in which the proposer should evaluate their existing offering compared with the RFP mandatory/optional requirements.

2. COST PROPOSAL FORMAT AND CONTENT:

2.1. Cost Proposal Price Sheets: These pages are required by the A&I Procurement Section and are the State’s official pricing documents. Each applicable proposer should upload the Technical Proposal and the Cost Proposal Sheets as separate documents, and identify them as such, using the Public Purchase online bidding system. The price to be entered on this page is the total fixed price Pricing Schedules 1. In case of error in the extension of prices in the proposal, unit prices will govern. Cost breakdowns are not included on this page. The proposer should ensure all signatures and identifying numbers are properly affixed to this page in order for the Cost Proposal to be accepted.

2.1.1. Pricing Schedule 1 itemizes the all-inclusive price for all activities related to this RFP, which includes the first year’s maintenance costs. This will also include Attachment A, Pricing Sheet to show the breakdown of costs for each item.

SECTION 8: EVALUATION METHODOLOGY

1. OVERVIEW:

1.1. The Agency will conduct a comprehensive, fair, objective and impartial evaluation of proposals received in response to this Request for Proposal. Proposals will be evaluated independently by the evaluation committee members. The evaluation committee shall be made up of members representing the project subject expertise. The evaluation committee will review and score all proposals independently and consolidate the scores in order to determine the award.

2. COMPLIANCE WITH MANDATORY REQUIREMENTS:

2.1. To be considered responsive, a submitted proposal should meet the minimum requirements defined in this RFP. The minimum requirements are intended to ensure that evaluation of the Technical Proposal can proceed and that the Contractor agrees to perform all responsibilities within the RFP.

3. TECHNICAL SCORING AND RANKING:

3.1. PROPOSER INFORMATION: 05 Points. Proposer should present materials describing its organization capability to successfully perform the responsibilities of this contract.

3.1.1. Details of previous contractual experience should include the length of time covered by the contract, the types of tasks performed and the results thereof, and a reference that includes a name, current title and telephone number. Emphasis should be placed on experience/implementing projects similar to the scope of work described in this RFP.

3.2. PRIOR EXPERIENCE: 40 Points. The proposer should include any prior experience with providing and delivering products to WDOC or any other correctional institution, and how the proposer can/has met the criteria for Correctional Institutions in the past.

3.2.1. The proposer should identify a single point of contact for all contract management activities. The proposer’s Project Manager’s name and resume should be submitted with the proposal. The successful proposer should not change the Project Manager without written Agency approval.

3.3. PRODUCT SPECIFICATIONS MET: 40 Points. The Proposer should present, in their proposal, that they can meet the product specifications that are required for Commissary Items within a prison setting as described above in the General Requirements section.

3.3.1. Preference points may be given to proposers who can provide all items in Attachments A.

3.3.2. Preference points may be given to proposers who can delivery to all five (5) facilities.

4. COST SCORING AND RANKING:

4.1. COST ANALYSIS: 15 Points. The cost shall be presented as key deliverables in the form of individual cost and a project total (sum of the deliverables). This will include the information given by the proposer in Attachment A, Pricing Sheet. The State of Wyoming reserves the right to conduct a cost analysis of the proposer’s budget proposal. The analysis will include a review of all the associated costs based on the technical content of their submission. The total project cost should include all of the items listed in the scope of work. If any of the scope of work services cannot be provided in the proposal or the requirement cannot be met, this is to be clearly explained as to why and what alternative approach will be and its associated cost. If there are no exclusions or exceptions, it will be determined that all of the criteria have been met for the price quotes, inclusive of all personnel, overhead, travel, equipment usage, and other miscellaneous costs for the specified contract period.

5. EVALUATION POINT SUMMARY:

6. FINAL RANKING OF PROPOSALS:

6.1 The State of Wyoming will be the sole authority of evaluating proposals. The firm that best meets the conditions of each of the criterion will be awarded the highest (not necessarily maximum) points for that criterion. The balance of the proposals will be rated based on their evaluated points. After each criterion is evaluated, the proposer with the highest number of points will be notified. The State of Wyoming reserves the right to reject any or all proposals, to waive any informality of technical defect in the proposals, or to award the contract in whole or in part, if deemed in the best interest of the State to do so.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.

SECTION 9: PROPOSAL PRICE SHEET AND SIGNATURE PAGE

The undersigned agrees to provide 2024-2025 COMMISSARY RFP: Condiments to the Wyoming Department of Corrections in accordance with the Request for Proposal, General Provisions, Special Provisions and Proposal Price Sheet for Request for Proposal Number 0044-K.

RFP 0044-K Page 1 of 2

BOILERPLATE REVISED SEPTEMBER 2022

Total Evaluated all-inclusive price for contract (Pricing Schedules 1)

1. BY SUBMISSION OF A PROPOSAL, THE PROPOSER CERTIFIES:

1.1. Prices in this proposal have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition.

1.2. The Proposer has not and will not attempt to induce any other person or firm to submit a proposal for the purpose of restricting competition.

1.3. The person signing this proposal certifies they are authorized to represent the company and are legally responsible for the price and supporting documentation provided as a result of this advertisement.

1.4. Proposer will comply with all applicable state and federal regulations, policies, guidelines and requirements.

Prices in this proposal have not been knowingly disclosed by the proposer nor will they be disclosed prior to award.

2. GENERAL INFORMATION:

Proposer Name: Phone:

Email Address:

Mailing Address:

City: State: Zip:

Employer Identification Number (EIN):

3. OWNERSHIP AND CONTROL:

Proposer’s Legal Structure

The proposer shall provide to the Agency a certificate of good standing from the Wyoming Secretary of State or other proof that proposer is authorized to conduct business in the State of Wyoming before performing work under this Contract. The proposer shall ensure all annual filing and corporate taxes due and owing to the Wyoming Secretary of State’s office are up-to-date before signing the contract. Proposers may contact the Wyoming Secretary of State’s office, Corporate Division at (307) 777-7311 for assistance.

4. VENDOR VERIFICATION

I certify under penalty of perjury, that I am a responsible official (as identified above) for the business entity described above as the proposer, that I have personally examined and am familiar with the information submitted in this disclosure and all attachments, and that the information is true, accurate and complete. I may be charged significant penalties for submitting false information, including criminal sanctions, which can lead to fines and/or imprisonment.

Signature Date

Name Title

Pricing Schedule 1 Wyoming Department of Corrections Provide an all-inclusive price for all activities related to the scope of work. Proposers may suggest a payment schedule which mirrors deliverables in meeting the requirements of this RFP. Payment schedules based on time and materials only will not be acceptable, not will a flat per-hour rate. Payment will be made at the completion and acceptances of the individual deliverables for the development and implementation of the scope of work.

Signature Date

Name Title The State will negotiate payment terms based upon a schedule to be determined by the proposer and the State. Payment of invoices will be based upon the proposer meeting stated deadlines for deliverables and upon the Agency’s written acceptance of the deliverables.