04 RFB_FLAGS_STATEWIDE_2025.pdf

REQUEST FOR BID

FLAGS - Statewide

Number: 28445-CT

Issued Date: February 7, 2025

Responses Due: March 6, 2025, at 2pm CT

Flags - Statewide

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Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

3 MANDATORY REQUIREMENTS

3.1 TECHNICAL REQUIREMENTS

3.1.1 ITEM SPECIFICATIONS

3.1.2 CONDITION OF PRODUCT

3.1.3 AMERICAN MADE PRODUCT

3.1.4 WISCONSIN STATE FLAG

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 PRODUCT CATALOG - HARD COPY AND ONLINE

3.2.2 INVOICING

3.2.3 GUARANTEE

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 ORDERS

4.2 DELIVERY AND SHIPPING REQUIREMENTS

4.3 DUPLICATES AND OVER SHIPMENTS

4.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

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4.5 NEW AND DISCONTINUED ITEMS

4.6 REPORTING

4.7 BACKGROUND CHECKS

4.8 PAYMENT TERMS

4.9 CERTIFICATES OF INSURANCE

4.10 CANCELLATION AND TERMINATION

4.10.1 TERMINATION FOR CAUSE

4.10.2 TERMINATION FOR CONVENIENCE

4.10.3 CONTRACT CANCELLATION

4.11 NEWS RELEASES

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

5.3 COST SHEET INSTRUCTIONS

5.4 REQUESTING PRICE ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (Strongly Preferred)

6.5.2 Hard Copy Bid Submittal

6.6 FORMAT OF BID RESPONSE

6.7 INCURRING COSTS

6.8 MULTIPLE BIDS

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7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 USE OF SUBCONTRACTORS

7.5 SUPPLIER DIVERSITY

7.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.5.2 VETERAN-OWNED BUSINESS

7.5.3 DISABLED VETERAN-OWNED BUSINESS

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.6 DEBARMENT

7.7 AWARD NOTIFICATION

8 REQUIRED FORMS

8.1 ATTACHMENT A – COST SHEET

8.2 ATTACHMENT B – BIDDER REQUIRED FORM

8.3 ATTACHMENT C – DRAFT CONTRACT

8.4 ATTACHMENT D – PERFORMANCE AND SUPPORT REQUIREMENTS

8.5 ATTACHMENT E – BID FACTORS

1 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase.

Reviewing this section will help you determine your ability to meet the Department of Administration's needs.

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1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

Agency:

An office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Authorized Users:

Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-502 of the State Procurement Manual.

Bid:

A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder: A person or firm that responds to this Request for Bid.

Commodity:

A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

Contract:

The written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

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Contractor:

The person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Contract Manager:

The employee of an Agency responsible for

1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Disabled Veteran Owned Business (DVB):

A business that has been certified by the Department of Administration under §16.283, Wis. Stats.

Minority Business Enterprise (MBE):

A business that has been certified by the Department of Administration under §16.287, Wis. Stats.

Municipality:

Any Wisconsin 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.).

Notice of (Intent to) Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency’s intent to award a Contract to the successful Bidder(s).

Purchasing Card (p-card):

A charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement’s Purchasing Card Contract.

Procurement Specialist:

the individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions

RFB: Request for Bid

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Contractual Services or Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

Specification:

A descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply.

It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term “requirement”.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), Department of Administration (DOA), requests Bids for the purchase of flags, and intends to use the results of this process to award a Contract.

The State of Wisconsin, Department of Administration, does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity or pay any minimum contract price during the term of the Contract.

Estimated annual spend by the State is approximately $100,000. Flags and accessories are shipped to end user agencies throughout the State. The Departments of Administration (DOA), Military Affairs (DMA), Natural Resources (DNR), Veteran Affairs (DVA), Transportation (DOT) and Corrections (DOC) are major users of this contract. In addition, many Wisconsin counties and municipalities make use of the contract.

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1.3 CONTRACT TERM

This Contract will run for an initial three (3)-year period. The Department of Administration and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1)-year periods if mutually agreeable to the State and the Contractor, unless terminated. To ensure the delivery of improved services and competitive pricing, to address potential performance issues, changes in technology or industry consolidation, the State reserves the right to negotiate the pricing and terms at the time of contract renewal. The Contract shall be effective on the date it is executed by the Department of Administration. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The original contract term or any renewal period may be extended at the State's request for a period not to exceed six (6) months for the purpose of completing a future solicitation or transition to new Contractor(s). Contract conditions, terms and pricing shall not be modified during such a month-to-month extension.

The RFB documents, the awarded Bidder’s response as accepted by the Department of Administration and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed. The contract shall be mandatory for all State agencies and the University of Wisconsin System.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Department of Administration, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

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In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Department of Administration and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Department of Administration and providing appropriate documentation and support and reporting Contract usage by Municipalities. See DOA- 3832, Bidder Required Form, attached to this RFB.

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Department of Administration shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint the Department of Administration with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the Department of Administration as itemized questions that require an affirmative response from you that you can meet them (i.e. “yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. “Does your company meet requirements 2.1-2.8”). For any (itemized or grouped) requirements that you cannot meet, you must check “no” and provide a supplemental document as an attachment to explain.

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Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet a qualification shall disqualify your Bid. However, the Department of Administration reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

2.1 FLAG MANUFACTURER

Bidder attests that they are a flag manufacturer or an authorized distributor or dealer of a flag manufacturer.

2.2 YEARS IN BUSINESS

Bidder attests that they have been in the business of manufacturing or distributing flags for three (3) years prior to the submittal of this RFB. The DOA reserves the right to conduct a site visit to the Bidder's place of business before the award is made.

Before the award of any Contract, the Department of Administration shall be satisfied that the bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the Department of Administration with these qualifications by submitting appropriate or supporting documentation.

3 MANDATORY REQUIREMENTS

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Failure to meet any mandatory requirement shall result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

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3.1 TECHNICAL REQUIREMENTS

3.1.1 ITEM SPECIFICATIONS

See Attachment A - Cost Sheet for item specifications.

3.1.2 CONDITION OF PRODUCT

All items bid and sold must be new. No used, reconditioned or remanufactured items may be sold on this contract.

3.1.3 AMERICAN MADE PRODUCT

United States of America flags sold on this contract must be American-made. Act 166 requires each building, structure, or facility that is owned or occupied entirely by the agency, authority, or unit must ensure that each United States flag that is displayed is manufactured in the United States. The Wisconsin State Procurement Manual, PRO-605, defines American-made Materials Policy as follows:

Manufactured in the United States means that materials are manufactured in whole or in substantial part within the United States, or that the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Manufactured means mined, produced, manufactured, fabricated or assembled.

Materials means any goods, supplies, equipment or any other tangible products or materials.

United States Flag specifications must comply with Federal Executive Order #10834, in addition to Wisconsin Act 166.

SECTION 1. 1.14 of the statutes is created to read:

1.14 Display of flag at public buildings, structures, and facilities. (1) In this section:

(a) “Local governmental unit” has the meaning given in s. 16.97 (7).

(b) “State agency” has the meaning given for “agency” under s. 16.70 (1e).

(c) “State authority” has the meaning given for “authority” under s. 16.70 (2).

http://docs.legis.wisconsin.gov/2007/related/acts/166.pdf https://doa.wi.gov/ProcurementManual/Pages/PRO-605.aspx http://www.ushistory.org/betsy/more/10834.htm

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(2) Each state agency, state authority, and local governmental unit shall ensure that each United States flag that is displayed at each building, structure, or facility that is owned or occupied entirely by the agency, authority, or unit is manufactured in the United States.

3.1.4 WISCONSIN STATE FLAG

Wisconsin State Flag specifications must comply with State Statute 1.08.

(1) The Wisconsin state flag consists of the following features:

1.08(1)(a) Relative dimensions of 2 to 3, hoist to fly.

1.08(1)(b) A background of royal blue cloth.

1.08(1)(c) The state coat of arms, as described under s. 1.07, in material of appropriate colors, applied on each side in the center of the field, of such size that, if placed in a circle whose diameter is equal to 50% of the hoist, those portions farthest from the center of the field would meet, but not cross, the boundary of the circle.

1.08(1)(d) The word "WISCONSIN" in white, capital, condensed Gothic letters, one-eighth of the hoist in height, centered above the coat of arms...

1.08(1)(e) The year "1848" in white, condensed Gothic numbers, one-eighth of the hoist in height, centered below the coat of arms, midway between the lowermost part of the coat of arms and the bottom edge of the flag.

1.08(1)(f) Optional trim on the edges consisting of yellow knotted fringe.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 PRODUCT CATALOG - HARD COPY AND ONLINE

Bidder must have a paper catalog or price list of products and/or an online catalog with pricing, available upon request to authorized end users at no additional cost. These product listing(s) should include any items listed on Attachment A - Cost Sheet. A copy of the Bidder's catalog, price list and/or link to an online site shall be uploaded to the Bidder's response to this RFB.

3.2.2 INVOICING

The Contractor must not invoice service fees or additional costs to authorized end-users.

There shall be no additional charges, including but not limited to: minimum order, credit card processing fees, shipping (except flagpoles and requested rush deliveries), fuel, pallet, energy fees or surcharges added to contract invoices.

https://docs.legis.wisconsin.gov/statutes/statutes/1/08 http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(b) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(c) http://docs.legis.wisconsin.gov/document/statutes/1.07 http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(d) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(e) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(f)

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Invoices presented for payment shall 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.

3.2.3 GUARANTEE

Contractor must guarantee its products to be free from defects in materials and workmanship, given normal use and care, over the manufacturer's warranty period.

Contractor shall replace or repair without charge (including shipping) to authorized users any product that proves to be defective within the warranty period.

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. However, such negotiations may not affect the method of award, disadvantage another Bidder or affect the scope of the Bid. The Bidder shall not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

A Sample Contract has been provided as Attachment B - Sample Contract. The contract specifically incorporates by reference all the mandatory requirements and specifications of the Bid Sections including: Mandatory bid requirements, Conditions specific to this bid and Pricing Structure. Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

As with any contract, once executed, both parties will be expected to meet and perform all its respective contract obligations. Failure to do so will subject that non-performing part to various contract remedies.

4.1 ORDERS

Contractor shall have the ability to accept orders via: telephone and email.

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Emergency or rush deliveries requiring special shipping and handling shall be at authorized end-users expense, with prior written (email) approval. Rush delivery that occurs as a result of Contractor’s error shall be at no charge to end-user.

4.2 DELIVERY AND SHIPPING REQUIREMENTS

Delivery of items on this procurement is required to be made to any location within the State of Wisconsin.

Delivery of product shall be made to end users within 7 days of receipt of order. If product shall take more than 7 days to deliver, Contractor shall make end user aware of longer delivery time at receipt of order.

All shipments shall be FOB Destination, Freight Prepaid by Contractor. Contractor is responsible for filing and expediting all freight claims with carrier.

NOTE: Flagpoles shall be freight prepaid and added (end-user shall pay shipping) FOB destination. (Contractor is responsible for filing and expediting all freight claims with carrier).

The flags and commodities of this contract shall be packaged in standard containers to ensure acceptance by common or other carriers for safe and secure delivery to end-users.

The State of Wisconsin encourages use of recycled or reusable packaging material in all shipments.

4.3 DUPLICATES AND OVER SHIPMENTS

Upon notification by an authorized user of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within thirty

(30) business days of receipt of written notification from the authorized user, the authorized user shall dispose of them at its discretion and shall not be held liable for the cost. Contractor shall pay shipping charges and no restocking or return fees are allowed.

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4.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

Upon notification by an authorized user of defective or damaged goods, goods shall be removed at the Contractor’s expense. Contractor shall provide a Returned Merchandise Authorization (RMA) with pre-paid shipping label. Credit shall be posted to the agency account within thirty (30) days of notification. Contractor shall pay shipping charges and no restocking or return fees are allowed.

If no RMA is provided, and if such goods are not removed within thirty (30) business days of receipt of written notification from the authorized user, the authorized user shall dispose of them at its discretion and shall not be held liable for the cost.

4.5 NEW AND DISCONTINUED ITEMS

Contractor shall notify the Department of Administration within thirty (30) days of an item being discontinued. Replacement or substitute items shall have a cost not to exceed the discontinued item.

New items may be added to the contract with prior written approval of the Contract Manager.

4.6 REPORTING

Quarterly Reports: Awarded Contractor(s) shall submit a quarterly sales report, due on July 30, October 30, January 30 and April 30, for all contract transactions that took place the previous quarter. Data fields in this report shall include:

State Agency/Institution/Campus Purchases

• State Agency/Institution/Campus name

• Purchase order number/Name

• Product description

• Unit of measure

• Quantity ordered

• Price each

• Extended price

• Total quarterly state spend

Municipality Reporting:

• Municipality (School district, county, city, etc.) name

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• Total quarterly spend by municipality

Itemized purchase information (product, price, etc.) is not required for municipal accounts.

4.7 BACKGROUND CHECKS

Due to the nature of this solicitation, the Department of Administration reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Bidder’s ability to meet contractual obligations and requirements.

4.8 PAYMENT TERMS

Contractor shall accept payment from authorized end-users by check, electronic funds transfer or with the State’s procurement card (P-Card).

Payment shall not be made until the product is determined to meet all specifications, requirements and deliverables and has been accepted by the ordering agency.

The State of Wisconsin normally shall 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. If special payment terms exist, they may be indicated as such on the Attachment A - Cost Sheet.

Invoices presented for payment shall 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.

4.9 CERTIFICATES OF INSURANCE

Upon request by the State of Wisconsin, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the State’s contract administrator and the signature of an authorized agent.

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The policies and/or certificates shall be submitted to the State upon request, for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this contract are modified or cancelled, Contractor shall immediately provide notice to the State of Wisconsin.

4.10 CANCELLATION AND TERMINATION

4.10.1 TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar days’ notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

4.10.2 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days’ notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days’ notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund.

4.10.3 CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract

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• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after a legally imposed, 30-day notice.

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of Wis. Stats.

§77.66.

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the

Standard Terms and Conditions (DOA-3054)

• Fails to follow the non-discrimination or affirmative action requirements of sub.

II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

• Fails to maintain the confidentiality of the State’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

• Contractor performance threatens the health or safety of a State employee or State customer.

4.11 NEWS RELEASES

News releases by Bidders, pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

Bidders must submit a price for all items on Attachment A – Cost Sheet. Bidder shall submit a per unit price. Bid prices shall include all packing, freight, markup and insurance charges. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

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Bidders may also offer a discount(s) from a complete catalog or price list. The discount will not be factored into the Bid Award. Bidders shall indicate if this is a flat percentage off of additional catalog items or, if different discounts exist, those shall be indicated by item or category. Any discount(s) and pricing bid shall remain firm for the initial term of the contract.

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

Delivery will be made by common carrier or Contractor’s vehicle, with unloading to be performed by the carrier or Contractor and carton(s) transported to the interior or ground floor, or inside dock. Bid prices shall include all packing, freight, insurance charges and installation/operation manuals.

NOTE: Flagpoles shall be freight prepaid and added (end-user shall pay shipping) FOB destination. (Contractor is responsible for filing and expediting all freight claims with carrier).

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

5.3 COST SHEET INSTRUCTIONS

Bidders shall complete the attached Attachment A – Cost Sheet. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

Alternate pricing formats shall not be accepted and may result in disqualification of the bid. Pricing shall remain firm for the initial term of the contract. The State intends to award one vendor based on the lowest GRAND TOTAL cost.

• Pricing shall be entered on Attachment A – Cost Sheet.

• Every item must be bid on – do not leave any cells blank.

• Enter your Company name at the top of each Cost Sheet tab. Please check your computations for accuracy.

• Bidders shall enter: Vendor Part # and Price Each.

• If an item is a custom size, enter a custom quote.

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• There are two tabs:

o MANDATORY: United States Flag and Wisconsin Flag. All highlighted yellow cells on this tab are mandatory.

o INFORMATIONAL: POW/MIA Flag and Pride Flag are mandatory to complete.

These items will not be used to determine award.

• Do not leave any highlighted yellow cells blank. Highlighted yellow cells are mandatory on both tabs.

An incomplete Cost Sheet can negatively impact your Bid and may lead to disqualification.

The State will not assume that a blank cell indicates a bid of $0 or that the item is free.

5.4 REQUESTING PRICE ADJUSTMENTS

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Price increases will not be permitted during the entire initial three (3) year Contract term.

Any price increases proposed after the initial Contract term must be submitted in writing to the Contract Administrator a minimum of sixty (60) days before the proposed effective date of the increase. Notice of price increases must be fully documented. Documentation shall include copies of the Contractor’s notification to the Bidder of the increase including the effective date. Increases shall not affect any orders written prior to the effective date of the increase. The Contract Administrator shall approve price increases. The State may accept, negotiate or reject any requested price increases. Should the State reject the request for increase, the Contractor may elect to cancel the contract, provided the State is notified in writing ninety (90) days prior to the cancellation date.

Any price decreases from the manufacturer or Contractor that are passed through to the Bidder are required to be passed to the State within thirty (30) days of the effective date of the price decrease.

6 BID PROCEDURE AND INSTRUCTIONS

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6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that the Department of Administration finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on eSupplier.

DATE EVENT

February 7, 2025 Date of Issue of the RFB February 20, 2025, at 2pm CT Date Questions Due

February 26, 2025 Responses to Questions Posted to eSupplier (Estimated)

March 6, 2025, at 2pm CT Responses due from Bidders March 13, 2025 Award Date (Estimated) April 1, 2025 Contract Start Date

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Specialist representative via the Wisconsin eSupplier Portal or via an email directed to Chris Tucker at chris.tucker@wisconsin.gov. Bidder must include RFB # 28445-CT on all email correspondence. Bidders are expected to raise any questions or clarifications concerning the RFB document by February 20, 2025 at 2:00 PM CT.

Any Bidder questions received will be documented and posted to the Supporting Documents as an Amendment. It is the Bidder's responsibility to check the Wisconsin eSupplier Portal for any questions and answers pertaining to this RFB. If it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments or addendums must be posted on the Wisconsin eSupplier Portal.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Chris Tucker is strictly prohibited during the period from the date this RFB is released until the date the Notice of Intent to Award is issued. Chris Tucker may authorize in writing contact or communication with another state employee or officer as circumstances may dictate.

mailto:chris.tucker@wisconsin.gov

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6.3 REASONABLE ACCOMMODATIONS

Upon request, the Department of Administration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at the Bid opening, please contact: Chris Tucker at chris.tucker@wisconsin.gov.

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only Bidders currently registered on the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive official notices throughout the procurement process for this RFB. Bidders that register on the Wisconsin eSupplier Portal after the posting of this RFB will receive official notices of future procurement solicitation opportunities for the State of Wisconsin and University of Wisconsin System campuses.

Bidders that register on the Wisconsin eSupplier Portal after the posting of this RFB will receive official notices of future procurement solicitation opportunities for the State of Wisconsin and University of Wisconsin System campuses.

To register on the Wisconsin eSupplier Portal access the following website for instructions https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo

Bidders may obtain additional State of Wisconsin purchasing information at https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

Bidders without internet access may request to receive a hard copy.

6.5 SUBMITTING A BID

Bidders must respond to this RFB in either the Wisconsin eSupplier Portal or by providing a hard copy. FAXED AND EMAILED BIDS WILL NOT BE ACCEPTED.

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (Strongly Preferred)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this RFB. The State has developed questions that provide online guidance for an electronic response to the RFB. If responding electronically, do not submit a hard copy of any materials unless directed to do so elsewhere in the Bid document.

Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received. Only clicking "Save" does not submit the Bid response; therefore, it will not be received or reviewed.

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Certain Requirements and qualifications will be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e., “yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g., “Does your company meet requirements 2.1-2.8”).

For any (itemized or grouped) requirements that cannot be met, a “no” must be checked and a supplemental document must be provided as an attachment to explain.

Bidders submitting bids via the Wisconsin eSupplier Portal must follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

Bidders must allow time for entering a Bid Response in eSupplier. Keep in mind the following if an error occurs:

• File names must be no longer than 64 characters, including the file extension (e.g.,".docx").

• File names cannot contain any special characters (e.g., commas, percent signs, hash symbol).

• The maximum file size for any attachment is 80 Mb.

• The eSupplier system will not allow a file with macros included and enabled.

• Bidders may only upload a single file in response to a Bid Factor. Uploading additional files will overwrite the previous upload. If a Bidder has the need to attach multiple files, the Bidder must consolidate the documents into a single file. Alternatively, the Bidder may upload one file in response to the Bid Factor and upload the rest of the documents using the Upload File button on the Submit Online Response page.

• In order to officially submit a bid response, the Bidder must click the Submit button and receive verification that the Bidder response has been submitted.

6.5.2 Hard Copy Bid Submittal

Bidders still have the option to mail or otherwise provide a hard copy Bid when responding to this RFB.

The State strongly encourages electronic Bid submission (Section 6.5.1 Wisconsin eSupplier Portal Submittal) due to the potential decreased number of staff available to accept hand deliveries at State facilities or the potential for State building closures.

If submitting a hard copy (instead of the electronic Bid option described above), Bidders must submit an original signed Bid, marked as stated below, of all materials required for acceptance of their Bid by the deadline to:

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Chris Tucker, Procurement Specialist Wisconsin Dept. of Administration Enterprise Sourcing 101 East Wilson Street, 6th Floor Madison, WI 53703

All Bids must be received and time-stamped at the above location no later than the bid due date and time. Bids not time-stamped must be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOA Enterprise Sourcing Office.

All hard copy Bids must be sealed in a package, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

RFB Title

RFB #

RFB Due Date and Time

6.5.3 Hand Delivered Bids

All responses must be received and time-stamped at the above location no later than March 6, 2025, at 2:00 pm CT. The Department of Administration, at 101 E. Wilson St., Madison, has a security checkpoint on the first-floor lobby. All visitors are required to provide current identification and sign in. Security personnel will contact the intended Procurement Specialist/Contract Manager, to have them come to the lobby to date stamp the RFB.

It is highly recommended, if hand delivering a Bid, to email the Chris Tucker, Contract Manager, at chris.tucker@wisconsin.gov no less than 48 hours prior to the RFB due date.

Include in the email subject line, the following information: RFB 28445-CT, Hand Delivery of Proposal. In the email, include the date and approximate time the proposal will be delivered.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. Hard copy Bids will still be allowed in response to the RFB. However, the State has no liability for errors made in entering any information into the eSupplier Portal as submitted via hard copy.

6.6 FORMAT OF BID RESPONSE

Bidders responding to this RFB outside of the Wisconsin eSupplier Portal must comply with

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DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

Complete and Sign Bidder Required Form: Include a completed and signed Bidder Required Form DOA-3832, with the Bid response. All sections of the form must be completed. Bids submitted in response to this RFB must be signed by the person in the Bidder's organization who is responsible for the decision as to the costs being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on costs.

By submitting a signed Bid, the Bidder's signatories certify that in connection with this procurement: (a) the Bidder's organization or an agent of the Bidder's organization has arrived at the costs in its Bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the costs quoted in the Bid have not been knowingly disclosed by the Bidder's organization or by any agent of the Bidder's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the Bidder's organization or by any agent of the Bidder's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Bidders must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard Bidder contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this Requirement and may result in rejection of the Bidder's Bid. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Cost Information: Provide cost information on Attachment A - Cost Sheet included in this RFB. All costs for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB must be included. No alternate cost formats will be accepted. Alternate cost formats may eliminate consideration for this Bid.

Bid Factors: The Bidder submitting a hard copy response must include Attachment B - Bid Factors, included in this RFB. A response to each statement listed must be clearly checked and submitted with the RFB response. When responding to the RFB within the Wisconsin eSupplier Portal, Bidders must respond to all questions.

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Response to Bid Qualifications and Requirements: Bidder must include Attachment D – Performance and Support Requirements included in this RFB. A response to each qualification and requirement listed must be clearly checked and/or submitted as applicable and the sheet signed.

Any alteration of the Bid documents is prohibited and may result in rejection of the Bid.

6.7 INCURRING COSTS

The State will not be liable for any costs incurred by the Bidder in responding to this RFB.

6.8 MULTIPLE BIDS

Multiple Bids from a Bidder for a single event are permissible. Please note that the system is designed to accept a single response for each Bidder ID. In order to submit multiple bids in response to a single solicitation, Bidder will need to create multiple eSupplier profiles, each of which will require a unique e-mail address and their own ID and password. Details can be found at https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20- %20Responding%20to%20an%20Event.pdf on pages 5-7.

Each Bid must conform fully to the Requirements for proposal submission. Each such Bid must be submitted separately and clearly labeled as Bid #1, Bid #2, etc. on each page included in the response.

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

There will be no in-person bid opening. A Teams meeting will be held instead on March 6, 2025, at 3:00PM CT. To join the Teams meeting, please dial 608-571-2209 and use the conference ID # 722 355 982. The names of the Bidders may be read aloud at that time.

All Bids will be reviewed by the State to ensure compliance with submittal Requirements and qualifications. The State will be the sole judge as to Bidders’ compliance with the Bid instructions. At any time during this process, the State reserves the right to request and review additional information from Bidders.

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Bids that do not comply with Mandatory Bidder Qualifications and Mandatory Requirements will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. The State in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

7.2 METHOD OF AWARD

The Bid Award(s) will be made on the basis of the lowest price, responsive, responsible Bidder. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The State intends to award one Contractor. The Contractor will be the Bidder with the lowest GRAND TOTAL price. DOA reserves the right to award to a single Primary Bidder or a Primary and a Secondary Bidder, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

7.3 BIDDER REFERENCES

The Bid shall include bidder references by completing DOA-3832, listing at least three

(3) names or companies with whom the Bidder has distributed or manufactured flags for as required by this RFB within the last three (3) years. For each organization listed, the Bidder shall include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The Department of Administration will determine which references to contact in order to assess the quality of the product or service.

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7.4 USE OF SUBCONTRACTORS

The Contractor will be responsible for the contract performance of its subcontractors. The Contract shall be between the Department of Administration and the awardee.

The Contractor will be responsible for its subcontractors’ performance of the pertinent contract obligations including related Specifications, insurance requirements and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors shall be approved in writing by the Department of Administration. Any proposed substitution of an approved subcontractor shall be submitted in writing to the Department of Administration thirty (30) days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the Department of Administration may result in cancellation of the Contract without notice and without penalty to the State.

7.5 SUPPLIER DIVERSITY

7.5.1 MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified Bid is not more than 5% higher than the apparent low Bid.