09077_-_REQUEST_FOR_BID_-__-__-_9077_CLS_LHS_CANTEEN_ITEMS_RFB_FINAL.DOCX (1).docx

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Attached to
DJC CANTEEN ITEMS
Contract number
410040-M24-MJS9077-RFB-00
Issued by
Wisconsin

About this file

This is a Request for Bid (RFB CKS-9077) issued by the Wisconsin Department of Corrections (DOC) on behalf of the Division of Juvenile Corrections (DJC) for canteen products at the Copper Lake/Lincoln Hills facilities. The procurement is open to authorized sellers who can meet the mandatory qualifications and specifications, with multiple contract awards anticipated to allow purchasing based on price and availability. The contracts will be available to other state agencies and DOC divisions through cooperative purchasing arrangements, and Wisconsin municipalities may also access the contracts at the same rates upon agreement with contractors.

The procurement covers canteen products including single-serve food items and travel-sized hygiene products for juvenile facilities, with delivery required to W4280 Copper Lake Avenue, Irma, WI. Pricing will be established through Attachment A with FOB destination terms including all freight and packing charges. The initial contract term is two years with up to three additional one-year renewal options, plus potential month-to-month extensions up to one year for transition purposes. Payment is preferred via Wisconsin's p-card system, with orders requiring delivery within five business days and perishable items must have at least 30 days remaining before expiration. The state offers 5% price preferences for certified Minority-Owned Business Enterprises (MBEs) and Disabled Veteran-Owned Businesses (DVBs), while encouraging participation from Woman-Owned Business Enterprises (WBEs) and Veteran-Owned Businesses (VBs) without price preferences.

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REQUEST FOR BID

DJC Canteen Products

CKS-9077

Issued: January 20th Responses Due: February 14th, 2023 2:00 CST

Table of Contents

1.0 INTRODUCTION AND PURPOSE

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

3.0 MANDATORY SPECIFICATIONS OF BID

4.0 SPECIAL TERMS AND CONDITIONS OF BID

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

6.0 BID PROCEDURE AND INSTRUCTIONS

7.0 BID ACCEPTANCE AND AWARD

8.0 REQUIRED FORMS

1. INTRODUCTION AND PURPOSE

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, 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.
ARO
After Receipt of Order
Authorized User
State agencies, political subdivisions, and municipalities authorized by State statutes to use State contracts
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 and the response completed as instructed.
Bidder
A person or firm that responds to this Request for Bid
Client
Person under DOC supervision
Contract
The final version of any contractually binding agreement between the State and the Contractor relating to the subject matter of this RFB; references to the Contract include all exhibits, attachments, and other documents attached thereto or incorporated therein by reference.
Contract Administrator
The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.
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.
Contractor(s)
The person(s) or entity(ies) awarded a Contract as a result of this Bid
Contractor Staff
Includes all Contractor employees, interns, subcontractors, temporary employees, independent contractors, and volunteers.
Cooperative Purchasing
Wisconsin Statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
Disabled Veteran-Owned Business (DVB)
A business that has been certified by the Department of Administration under Wis. Stat. §16.283
DJC
Division of Juvenile Corrections
DOC
Department of Corrections, Procuring Agency for this bid
DOC Facility
Any location occupied by the Department of Corrections
DOC Staff
Includes all employees, interns, temporary employees, and volunteers
Minority-Owned Business Enterprise (MBE)
A business that has been certified by the Department of Administration under Wis. Stat. §16.287
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 (Wis. Stat §16.70(8)).
Notice of Award
A written notification issued by the DOC informing all Bidders of the DOC's intent to award a Contract.
P-Card
State of Wisconsin purchasing card (credit card)
Procurement Manager
The individual responsible for overseeing and administering the procurement process for a Bid.
Responsible
A Bidder who has furnished information and data to prove that their financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFB.
Responsive
A bid that conforms in all material respects to the requirements set forth in the RFB.
RFB
Request for Bid
Specification
A descriptive statement of the physical, functional, and performance characteristics of the Service or commodity required by the DOC. 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".
Supplier
Bidder(s) that has been awarded a contract
State Holidays
January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24th, 25th and 31st (as observed)
USPS
United States Postal Service
Youth
Juvenile in DOC custody

PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids for the purchase of products for the canteen at Copper Lake/Lincoln Hills (CLS/LHS) on behalf of the Division of Juvenile Corrections (DJC). DOC intends to use the results of this process to award multiple contracts to allow DJC to purchase from the awarded vendors based on price and availability. Bidders do not need to offer all items requested to be awarded a contract. The DOC does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number to be ordered will be rejected.

Other State agencies and other Divisions within DOC may use the resulting contract(s), if agreeable to both the DOC and the Contractor(s), to obtain the benefits of volume purchases and/or a reduction in administrative expenses.

CONTRACT TERM

This Contract will be in effect for an initial two-year period. The DOC and the Contractor(s), upon written mutual agreement, may renew the Contract(s) for up to an additional three one-year periods. The Contract(s) shall be effective on the date they are executed by the DOC. If no formal Contract is executed, the effective date of the Contract(s) is the date indicated on the notice of award.

The RFB documents, the awarded Bidder's response as accepted by the DOC, and any purchase order(s) related to this RFB shall become the Contract(s) between the parties, unless a separate Contract(s) are executed.

Transition Extension Period - DOC may request an extension of this contract(s) on a month-to-month basis for no more than one year after the original contract term. Extension terms are not automatic and shall only be executed by mutual agreement of both parties (DOC and the awarded Contractor(s)) when circumstances beyond DOC’s control delay the award or start-up of a new contract. The terms and conditions of the current contract will apply to the transitional extension period but cost may be negotiated as necessary.

If the incumbent Contractor is not awarded the next contract, they are expected to work with DOC and the new Contractor to ensure a smooth transition. Failure to work cooperatively with DOC may jeopardize the incumbent’s ability to participate in future solicitations.

MODIFICATIONS OF CONTRACT

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

ORDER OF PRECEDENCE

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

· Final Signed Contract-including supporting documentation

· Bid Response-as accepted by the DOC

· Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

· Official Purchase Order

· Bid Response as accepted by the DOC

· Request for Bid

COOPERATIVE PURCHASING SERVICES

Commodities procured through this bid 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 procured under the Contract at the same rates agreed to by the DOC and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the DOC and providing appropriate documentation and support and reporting Contract usage by Municipalities.

RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and requirements in this RFB document must be met without exception; failure to meet such requirements will disqualify the Bid. It is the Bidder's responsibility to acquaint the DOC with these qualifications by submitting appropriate or supporting documentation.

Specifications are presented by the DOC as itemized questions (see Attachment B) that require a “yes” response from the Bidder that they can be meet. Failure to indicate “yes” to a qualification will disqualify the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the DOC reserves the right to continue the review of the Bids.

BIDDER QUALIFICATIONS AND REQUIREMENTS

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

The Bidder must be an authorized seller of the products offered.

The Bidder must be able to provide a catalog of products offered for sale in-print and/or online.

The Bidder must be able to accept a State of Wisconsin Purchase Order and/or the State p-card.

The Bidder must be able to process all orders as tax exempt.

The Bidder must have the capabilities to submit detailed and accurate invoices to CLS/LHS within a week of the order being shipped or the Bidder must be able to provide a detailed receipt within one business day of an order being charged to a DOC p-card.

MANDATORY SPECIFICATIONS OF BID

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

TECHNICAL SPECIFICATIONS

Bidders will complete Attachment A-Requested Product List. Please note that Attachment A only lists the products that CLS/LHS currently plans on purchasing. DOC reserves the right to add or delete items from the list throughout the life of the contract. The following specifications apply to the products offered.

3.1.1 All products must be new and in their original packaging.

3.1.2 As requested, the Bidder must supply a sample of products (at no cost) to CLS/LHS; samples will not be returned.

3.1.3 The Bidder must have an ordering process in place that accurately displays products, descriptions, and pricing.

3.1.4 All food products offered must be “single serve” size. Specific limits on the sizes of products will be communicated by CLS/LHS to the vendor(s). CLS/LHS reserves the right to reject any products not within their size limitations.

3.1.5 All hygiene products must be “travel sized.” Specific limits on the sizes of products will be communicated by CLS/LHS to the vendor(s). CLS/LHS reserves the right to reject any products not within their size limitations.

PERFORMANCE AND SUPPORT SPECIFICATIONS

3.2.1 The Bidder must be able to provide a method to contact their customer service department to resolve issues with orders, products, returns, etc., that at a minimum must be available during normal business hours.

3.2.2 The Bidder must only ship perishable items that are at least 30 days from their “best buy” or “expiration” dates. The Bidder must accept returns of these items at no cost to DOC.

3.2.3 The Bidder must be able to notify CLS/LHS within one business day of items ordered being out of stock.

3.2.4 The Bidder must be able to deliver products to CLS/LHS within 5 business days of receipt of the order.

3.2.5 The Bidder must be able to notify CLS/LHS within one business day of any delays in delivering products.

3.2.6 The Bidder must be able to supply updated catalogs as requested by CLS/LHS, generally changes to the menu of items CLS/LHS wishes to purchase are requested every six months.

3.2.7 The Bidder must be willing to provide for return of canteen products ordered or shipped in error within 5 business days of receipt.

SPECIAL TERMS AND CONDITIONS OF BID

The DOC reserves the right to negotiate special terms and conditions when it is its best interest to do so. The Bidder shall not submit its own Contract document as a substitute for DOC’s Special Terms and Conditions.

Bidders shall accept all of DOC’s terms and conditions, or submit point-by-point exceptions, along with proposed alternative language for each point. The DOC 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 DOC.

DELIVERY REQUIREMENTS

Delivery requirements are business days 7:45am-12:00pm and 12:45pm to 4:15 pm. Failure to accept this delivery requirement may disqualify the Bid.

RANDOM PRODUCT SAMPLING

Upon delivery and before payment of an invoice, any part of the product may be pulled from the Contractor’s delivery truck and inspected to assure the DOC that the specifications have been met in all respects. Failure to meet any specification will mean rejection of the entire order at no cost to the DOC. No changes in the specifications will be permitted without written authorization from the Procurement Manager.

ORDER HISTORY

The contractor must maintain records of orders placed under this contract for the life of the contract term. The Contractor must electronically send these records to DOC upon request, or on a regular schedule set between DOC and the Contractor.

AUDITING

A. Contractor will allow inspection of records related to this Contract and as permitted by State law, by representatives of DOC and its authorized agents, in order to confirm Contractor's compliance with the specifications of this Contract.

B. Contractor shall comply with the auditing requirements of DOC including making available to DOC all documents applicable to the Contract. The DOC shall have the right to examine, audit, and copy (if necessary on the Contractor's premises), any of the Contractor’s records. The Contractor will provide to DOC any electronic records pertinent to the resulting Contract. All electronic data shall be submitted to the DOC via customary industry form or medium as directed by the DOC. This provision shall survive six years following the termination, cancellation, or expiration of this Contract.

C. DOC may procure an audit if necessary. DOC may also require follow-up review of selected transactions as determined to be necessary. The Contractor agrees to make available to DOC financial records in the format requested for the audit.

D. For the contract resulting from this RFB, the Contractor must comply with State Single Audit Guidelines (SSAG) located at: https://doa.wi.gov/Pages/State-Single-Audit-Guidelines-(SSAG)---2017.aspx

PAYMENT TERMS

It is preferred that Suppliers accept the State p-card for payment. If a Supplier cannot accept the p-card, or if there is any additional charge for using the State p-card, the Supplier must accept a State Purchase order. Refer to Section 2.5 in regards to invoices/receipts for orders.

Payment will not be made until items have been received. Suppliers that are not set up as a Supplier in the STAR PeopleSoft system will be required to complete new Supplier paperwork before any payments can be issued. The awarded Bidder(s) will be provided with information regarding new Supplier account set-up by the Procurement Manager. As part of the account set-up, Suppliers may elect to receive payments by check or Automated Clearing House (ACH). ACH payments are highly encouraged to cut down on handling and processing times.

INVOICING

The Contractor must agree that invoices and/or p-card receipts shall reflect the contracted prices.

DOC verifies invoiced amounts are correct as per the contract. Only properly submitted invoices will be processed for payment. Invoices must conform to the instructions below. Invoices must be itemized showing:

· Vendor name

· Invoice number and date

· Remit to address

· Purchase order number

· Quantity of item(s)

· Description of item(s)

· Price per item

· Extended totals of items

· Total amount due

The invoice must be emailed to: docdjclhsbusinessoffice@wisconsin.gov .

The contract is limited to the commodities listed in the contract document or accompanying attachments or amendments. Items ordered not covered by this RFB will be considered out of scope. The Contractor should not accept or fulfill orders for items out of scope. Invoices sent to DOC for items not covered by the Contract will be denied for payment.

If the DOC is dissatisfied with the quality of the canteen items, the DOC will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the date identified in the notice, the DOC may withhold funds under this Contract, request reimbursement for the Commodity paid for but not delivered, or withhold funds due from delivery under another contract. Nothing set forth herein shall prevent or prohibit the DOC from pursuing other legal or equitable remedies.

CERTIFICATES OF INSURANCE

Throughout the term of this Contract and any renewal periods, Contractor shall maintain insurance in the types and with the limits outlined below. Policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin with a minimum AM Best Company rating of A-, and signed by an authorized agent. The Contractor shall provide a Certificate of Insurance to the Contract Manager, prior to the Contract start date or the commencement of services.

Worker’s Compensation
Statutory Requirements

$100,000 each accident $500,000 disease-policy liability limit $100,000 disease-policy liability limit for each employee

Commercial General Liability
$1,000,000 each occurrence of bodily injury and property damage

$1,000,000 general aggregate, including product liability and completed operations

Automobile Liability (covering all owned, non-owned and hired vehicles)
$1,000,000 per occurrence combined single limit for liability and property damage

The certificate holder: Wisconsin Dept. of Corrections 3099 E. Washington Ave.

Madison, WI 53707

Prior to the expiration date of each policy, the Contractor(s) will provide a renewal certificate evidencing continued insurance coverage. Renewal certificates may be emailed to DOCCertificatesofInsurance@Wisconsin.gov Please reference the solicitation number or contract number in your email.

TERMINATION FOR CAUSE

The DOC 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 DOC a one hundred and twenty (120) calendar day notice of the State's right to cure a failure of the DOC 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.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the DOC by providing at least a thirty (30) calendar day notice to the Contractor, and the Contractor providing at least a one hundred and twenty (120) calendar day notice to the DOC 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 amounts for orders already placed under the Contract. The DOC shall be entitled to a refund for any items paid for but not received. Refunds are to be paid within thirty (30) calendar days of written notice of contract termination.

CONTRACT CANCELLATION

The DOC 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

· Files a petition in bankruptcy, becomes insolvent, or otherwise acts 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 calendar day notice

· Makes an assignment for the benefit of creditors

· Fails to follow the sales and use tax certification requirements of §77.66 of the Wisconsin Statutes

· 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 subch. 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

· The Contractor’s performance threatens the health or safety of any persons

PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

All responsive and responsible Bidders that meet all of the specifications and agree to all of the terms and conditions of this RFB will be awarded a contract. CLS/LHS reserves the right to order from any/all of the awarded vendors as their discretion.

Attachment A lists items CLS/LHS is anticipating purchasing, along with an estimated annual volume. Bidders should fill in their current prices for the items that they plan on having available for purchase in Attachment A. Throughout the life of the contract, CLS/LHS reserves the right to add or delete items to this list based on preferences and availability of products from awarded vendors.

The prices submitted will establish the initial contracted prices, but will not affect the award(s) of the contract(s).

FOB DESTINATION, FREIGHT PREPAID AND DELIVERY

Delivery must be made by common carrier or the Contractor's vehicle. The delivery must be unloaded by the carrier and carton(s) transported inside the dock at W4280 Copper Lake Avenue, Irma, WI 54442. Contracted prices shall include all packing, freight, and insurance charges. Failure to follow these delivery terms may disqualify the Bid or may result in termination of the contract.

All delivery drivers must comply with the requirements of the DOC Rider, Attachment C. Suppliers that provide delivery services must ensure their drivers have submitted their background checks in compliance with the DOC Rider prior to arriving at the facility. For Suppliers that use a common carrier, the carrier’s drivers must comply with the requirements of the DOC Rider. DOC is the sole determinant of whether drivers are eligible to enter the perimeter of the secure facility.

REQUESTING PRICE ADJUSTMENTS

The list of available items and their prices may be updated by the contracted vendor(s) once every six months. Contracted vendor(s) should submit updated catalogs, order sheets, or update their websites to reflect these changes. Detailed notice of the changes should also be sent to CLS/LHS at least 30 days in advance of the change.

BID PROCEDURE AND INSTRUCTIONS

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 DOC 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 Wisconsin eSupplier Portal.

DATE
EVENT
January 20, 2023
Date of Issue of the RFB
January 27,2023
Date Questions Due (last date accepted)
January 31st, 2023
Estimated date Responses to Questions Posted
February 14th, 2023, 2:00 CST
Bids Due from Bidders
February 21st, 2023
Anticipated Award Date
March 1st, 2023
Anticipated Contract Start Date

CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by January 27, 2023. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Manager named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of contact. Please send emails to: DOCProcurementManager@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing, preferable via email, and refer to Request for Bid CKS-9077, and directed to the Procurement Manager. Emails should be sent to: DOCProcurementManager@wisconsin.gov

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions, including addendums and amendments, will be posted to the Wisconsin eSupplier Portal. (https://esupplier.wi.gov/psp/esupplier/supplier/erf/h/?tab=WI_BIDDER).

All contact or communication with any employee or officer of the DOC concerning this RFB, except the Procurement Manager is strictly prohibited during the period from the date this RFB is released until the date the Notice of Award is issued. The Procurement Manager may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract(s) with the DOC may continue to communicate with the Contract Administrator(s) regarding the performance of that current Contract(s) only.

Violation of the communication conditions in this section may be considered sufficient cause for rejection of a bid, irrespective of any other considerations.

REASONABLE ACCOMMODATIONS

Upon request, the DOC shall provide reasonable accommodations, including the provision of informational material in an alternative format or accommodations at a Bid opening or Bidder’s Conference. To arrange any necessary accommodation, please contact: Cynda Solberg, BFAS Bureau Director at DOCProcurementManager@wisconsin.gov WISCONSIN eSUPPLIER PORTAL REGISTRATION Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED) Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFB. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the Bid document.

Certain requirements, qualifications and Specifications shall 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” shall be checked and a supplemental document shall be provided as an attachment to explain

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”) and cannot contain special characters (e.g., commas or percent signs).

· The maximum file size is 80MB.

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

· Vendor may only upload a single file in response to a question. Uploading additional files will overwrite the previous upload. If the Vendor has a need to attach multiple files, the Vendor will either consolidate the documents into a single file, or will need to upload one in response to the question and upload the rest using the Upload File button on the Submit Online Response page.

Please note, Vendors must click "Submit" in the Wisconsin eSupplier Portal to have their response received. Only clicking "Save" does not submit the Vendor’s response; therefore, it shall not be received or reviewed. Vendors will receive verification that a response has been submitted.

MAILED or HAND DELIVERED BID SUBMITTAL If Bidders elect to mail or hand deliver a bid, Bidders shall submit an original signed Bid, marked as stated below, one hard copy labeled “copy” and one electronic version on a flash drive of all required bid materials by the deadline to:

USPS ADDRESS
COMMON CARRIER ADDRESS
Cynda Solberg, Purchasing Section
Cynda Solberg, Purchasing Section
Wisconsin Department of Corrections
Wisconsin Department of Corrections
Division of Management Services
Division of Management Services
PO Box 7925
3099 E. Washington Ave.
Madison, WI 53707-7925
Madison, WI 53704

All Bids shall be received and time-stamped at the above location no later than February 14th, 2023 at 2:00 CST. Bids that are not time-stamped by the due date and time will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOC Procurement Office.

All Bids shall be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

DJC Canteen Products

CKS-9077

February 14th, 2023 2:00 CST

DOC is not responsible for deliveries that do not reach the DOC Procurement Office by the required due date and time.

FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

Bidders responding to this RFB outside of the Wisconsin eSupplier Portal shall comply with the following format requirements:

Bidder Required Form: Include the signed, required form (DOA-3832) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the Bidder’s organization who is responsible for the decision as to the prices 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 prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

If any information as part of the solicitation has been labeled as proprietary or confidential on DOA 3832, the Bidder must submit an electronic version of the redacted submittal.

By submitting a signed Bid, the Bidders signatories certify that in connection with this procurement: (a) the Bidder’s organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition; (b) the prices 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 vendor'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 (Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Bidders shall 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 response. 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.

Additional Information: Include all additional information that shall be essential to an understanding of the Bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the Bid document.

Price Information: Provide price information on the Price Sheet Attachment A, included in this RFB. Include one hard copy of the Price Sheet with the Bid response and one electronic copy in Excel format. All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

INCURRING COSTS

Neither the State of Wisconsin nor the DOC is liable for any costs incurred by the Bidder in responding to this RFB.

BID ACCEPTANCE AND AWARD

BID OPENING

Bids will be opened on the date and time indicated in Section 6.1 at 3099 E. Washington Ave., Madison, WI 53704. Names of the bidders shall be read aloud at that time.

BID REVIEW

All Bids will be reviewed by the DOC's Procurement Manager to ensure compliance with submittal requirements. DOC shall be the sole judge as to Bidders' compliance with the Bid instructions.

BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. DOC 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.

METHOD OF AWARD

Award(s) will be made to all responsive and responsible Bidders that respond to this RFB and that can provide the products requested. DOC will order products based on current pricing and available of the awarded vendor(s). Award of a contract does not guarantee a vendor that DOC will place orders with their company.

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:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx

The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and Services incidental to this agreement.

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their Contract amount, and spend for each period to the DOC.

A listing of certified MBEs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.5.2 VETERAN-OWNED BUSINESS

The State of Wisconsin encourages the participation of Veteran-Owned Businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037). There is no price preference for certified VBs that compete for State Contracts.

Contact the DVA at: http://dva.state.wi.us.

7.5.3 DISABLED VETERAN-OWNED BUSINESS

Disabled Veteran-Owned Businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and Services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.5.4 WOMAN-OWNED BUSINESS ENTERPRISE

Woman-Owned Business Enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

State-certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking Contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

NOTIFICATION OF AWARD

All Bidders who respond to this RFB will receive the notification of award(s) in writing.

REQUIRED FORMS

The following is a list of forms pertaining to this RFB:

· DOA-3832 Bidder Required Form

· DOA-3054 Standard Terms and Conditions

· Attachment A Bid Price Sheet

· Attachment B Bidder Requirements image1.jpeg

File details come from the government source that posted it. Updated .