10199 Final RFB Feed and Feed Supplement for Dairy Cattle.pdf

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Feed and Feed Supplements for dairy cattle at BCE Correctional Farms
Contract number
410013-M26-AS10199-RFB-00
Issued by
Wisconsin

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This is a Request for Bid (RFB# AS-10199) issued by the Wisconsin Department of Corrections on behalf of the Bureau of Correctional Enterprises (BCE) for feed and feed supplements for dairy cattle at state farms located in Fox Lake, Oregon, and Waupun. The RFB was issued on June 3, 2025, with responses due June 20, 2025 at 2:00 PM CT. Other state agencies may use the resulting contracts through cooperative purchasing agreements to obtain volume purchase benefits and reduce administrative expenses.

The procurement covers eight feed and feed supplement products including PreFresh Concentrate, Dry Cow Mineral, Heifer Premix, 18% Calf Starter, Energy Booster (Dry Fat), Protein Mix, Dried Distiller's Grain, and Sodium Bicarbonate. The contract will have an initial two-year term with up to three additional one-year renewal periods by mutual agreement. Pricing must remain firm for the initial six months, with potential adjustments every six months thereafter based on ingredient changes and market conditions. All prices must be FOB destination freight prepaid and include pickup from state farm storage facilities, trucking, roasting, mixing, storage, and delivery. Awards will be made on a per-lot basis to the lowest responsive, responsible bidder meeting all specifications, with multiple awards anticipated but only one bidder per line item. The state includes supplier diversity provisions with 5% price preferences for certified Minority-Owned Business Enterprises and Disabled Veteran-Owned Businesses.

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RFB# AS-10199 Feed and Feed Supplements for Dairy Cattle

REQUEST FOR BID

FEED AND FEED SUPPLEMENTS FOR DAIRY

CATTLE AT BCE STATE FARMS

RFB# AS-10199

Issued: June 3, 2025 Responses Due: June 20, 2025 at 2:00 PM CT

Table of Contents

1.0 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

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

3.0 MANDATORY SPECIFICATIONS OF BID

3.1 TECHNICAL SPECIFICATIONS

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 EXECUTING PURCHASE ORDERS

4.2 DELIVERY REQUIREMENT

4.3 DUPLICATES AND OVER SHIPMENTS

4.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED ITEMS

4.5 NEW AND DISCONTINUED ITEMS

4.6 RANDOM PRODUCT SAMPLING

4.7 BACKGROUND CHECKS AND ACCESS TO DOC SECURE FACILITIES

4.8 TOBACCO-FREE ENVIRONMENT

4.9 PAYMENT TERMS

4.10 INVOICING

4.11 TERMINATION FOR CAUSE

4.12 TERMINATION FOR CONVENIENCE

4.13 CONTRACT CANCELLATION

4.14 INSURANCE

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 FOB DESTINATION, FREIGHT PREPAID INCLUDED

5.3 PRICE SHEET INSTRUCTIONS

5.4 REQUESTING PRICE ADJUSTMENTS

6.0 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

6.6 FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

6.7 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 USE OF SUBCONTRACTORS

7.6 SUPPLIER DIVERSITY

7.7 NOTIFICATION OF AWARD

8.0 REQUIRED FORMS

1.0 INTRODUCTION AND PURPOSE

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.

AF As Fed

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.

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 also included all associated forms and attachments.

Bidder A person or entity that responds to this Request for Bid. (may be used interchangeably with “Contractor”, “Supplier” or “Vendor”).

Bill of Lading Document issued by a carrier to a shipper detailing the type, quantity, and destination of the products being carried.

BCE Bureau of Correctional Enterprises

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 Agency 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.

Contractor(s)

The person(s) or entity/ies awarded a Contract as a result of this Bid, and who is required to provide the equipment, materials, supplies, (and any incidental related services) to the DOC. (may be used interchangeably with “Bidder”, “Supplier” or “Vendor”).

Contract Manager

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved by the Contract Administrator; and 2) responsible for 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 Wis. Stat. §16.283.

Days Business days unless otherwise indicated

DM Dry Matter

DVM Doctor of Veterinary Medicine

DOA

Department of Administration, agency that has statutory authority [WI Stats. Chapter 16] to define, regulate, and delegate all aspects of procurement of commodities and services for state agencies

DOC Department of Corrections, the Procuring Agency

DOC Facility Any location owned, leased, or operated by the Department of Corrections

DOC Rider Additional contractual requirements specific to the Department of Corrections

DOC Staff Includes all DOC employees, interns, temporary employees, and volunteers

DVB

A business that has been certified under the Wisconsin Supplier Diversity Program as a Disabled Veteran Owned Business Enterprise.

FOB Destination

Seller pays for and retains title and control of goods until they are delivered and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller is responsible for filing claims for loss or damage.

G Grams

IU International Units

KIU Kilo International Units

Lead Time The time it takes from when order is placed to when it is delivered

LB. or LBS. Pound or Pounds

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 (§16.70(8), Wis.

Stats.).

Notice of Award Writing issued by the DOC notifying all Bidders of the DOC's award of a Commodity Contract to the successful Bidder(s)

Order “Purchase Order” or “Order” means the Authorized User’s standard document of a purchase of goods and services and the order placed is accepted by the Contractor.

PPM Parts Per Million

Procurement Manager DOC staff person responsible for overseeing and administering the procurement process for a Bid

Purchasing Department of Corrections’ Purchasing Services Section

Responsible

A Bidder who has furnished information and data to prove that they have the financial resources, services, facilities, personnel, and experience adequate to make satisfactory delivery of such deliverables set forth in the RFB.

Responsive A bid that conforms in all material respects to the requirements set forth in the RFB.

Request for Bid (RFB) The competitive procurement process used by the DOC to award a contract to the lowest responsive responsible Bidder.

Semiannually Happening or occurring twice a year, or every six (6) months.

Specification

A descriptive statement of the physical, functional, and/or performance characteristics of the 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 in this RFB, this term is used interchangeably with the term "requirement".

State State of Wisconsin

Supplier Bidder that has been awarded a contract (may be used interchangeably with “Bidder”, “Contractor” or “Vendor”).

State Holidays January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, December 24, 25, and 31 (as observed)

USPS United States Postal Service

Vendor Entity submitting a bid in response to this RFB and/or an entity awarded a Contract (may be used interchangeably with “Bidder”, “Contractor” or “Supplier”).

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) on behalf of the Bureau of Correctional Enterprises(BCE) requests Bids for the feed and feed supplements for Dairy Cattle for the State Farms located in Fox Lake, Oregon, and Waupun.

The purpose of this bid is to solicit prices for feed and feed supplements for Dairy Cattle. DOC intends that this contract may include awards to multiple vendors, ensuring that the feed and feed supplements are available at all locations. Attachment A - Price Sheet indicates estimated minimum and maximum semiannual usage quantities anticipated to be purchased by BCE Correctional Farms.

The DOC does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number to be ordered may be rejected.

Other State agencies may use the resulting contracts, if agreeable to both the DOC and the Contractor, to obtain the benefits of volume purchases and/or reduction in administrative expenses.

1.3 CONTRACT TERM

The resulting Contract(s) will be for an initial two (2) year period. The DOC and the Contractor(s), upon written mutual agreement, may renew the Contract for up to an additional three (3), one (1) year periods. The Contract(s) shall be effective on the date indicated in the award notification letters.

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 between the parties, unless separate Contract(s) are executed.

1.3.1 Transition Extension Period

DOC may request an extension of this contract 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 Contractors) 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.

1.4 MODIFICATIONS OF CONTRACT

The resulting Contract 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 shall fall within the scope of the Bid, be rendered in writing, and be signed by both parties, or they will be considered void.

1.5 ORDER OF PRECEDENCE

In the event of Contract award(s), the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response (as accepted by DOC), 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 may result in the cancellation of the Contracts awarded.

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

• Final Signed Contract-including any clarifications or supporting documents

• Bid Response-as accepted by the DOC

• Request for Bid

If the Official State 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 State Purchase Order

• Bid Response-as accepted by the DOC

• Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities procured through this bid may be made available to Municipalities upon agreement of the Contractor. See section 5 on form DOA-3832. 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.

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 them will disqualify the Bid. Before the award of any Contracts, the DOC 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 DOC with these qualifications by submitting appropriate supporting documentation.

Certain qualifications/specifications may be presented by the DOC as itemized questions that require an affirmative response from the Bidder that they can meet them (e.g., "yes/no" prompt, dropdown 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 the Bidder cannot meet, the Bidder must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet 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 Bids, waiving that requirement.

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory, and shall be met at no additional cost above the Bid price. Failure to meet any qualification will disqualify the bid.

Bidder shall use Attachment B - Bid Response Requirements to respond to this section.

2.1.1 Every shipment must include a bill of lading.

2.1.2 Feed Tags must contain the product description and ingredients that are on

Attachment D, Product Specifications. The feed tags shall be attached to each bagged product, bulk products shall have an analysis sheet attached to the bill of lading and Feed Tags must be made available upon request.

2.1.3 Products must comply with U.S. Food and Drug administration policies established for animal feed.

3.0 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. Bidder shall use Attachment B - Response to Bid Requirements to respond to this section. Failure to meet any qualification will disqualify the bid

3.1 TECHNICAL SPECIFICATIONS

3.1.1 Bidders must meet all specifications for each product offered. Refer to Attachment D

- Product Specifications.

Feed and Feed Supplements requested:

Product Description Unit

PreFresh Concentrate 50# Bag & LB

Dry Cow Mineral 50# Bag

Heifer Premix 50# Bag

18% Calf Starter LB

Energy Booster (Dry Fat) 50# Bag

Protein Mix LB

Dried Distiller’s Grain LB

Sodium Bicarbonate 50# Bag

3.1.2 Product will be delivered to the State Farms, depending on where product is needed at time of order, as specified on the Purchase Order.

State Farm Addresses:

LOT 1 LOT 2

Waupun State Farm *Fox Lake State Farm Oregon State Farm

W6199 State Road 49 East W9919 Lake Emily Road 5140 County Hwy M

Waupun, WI 53963 Fox Lake, WI 53933 Oregon, WI 53575 *Fox Lake State Farm is managed by the Waupun State Farm operation and for purposes of this bid the Fox Lake State Farm products are included in the Waupun State Farm products.

3.1.3 Soybeans included in products will be supplied by the State Farms and will be picked up on an as needed basis from the storage facility. The pricing provided on Attachment A - Price Sheet should include the pickup from the storage facility used by the State Farm (location TBD, storage will be close to the farms), trucking, roasting, mixing, storage and delivery to the State Farms.

3.1.4 Bidder will be responsible for any out charges and freight charges. Bidder shall not charge any additional storage for the soybeans prior to being used in the products.

Bidder must ensure that roasted soybeans are rolled or ground to ensure proper mixing.

3.1.5 Ingredient quantities are subject to changes based on quality testing of haylage and corn silage by the State Farms. The State Farms also reserves the right to test the high cow protein to ensure a consistent feed quality is maintained.

3.1.6 Product delivery truck / vehicle has to be equipped with unloading auger system with ability to unload product at a minimum of 25 feet high; measured from ground to receiving port of commodity bin.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

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

Bidders shall accept all 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 changes are in the best interest of the DOC.

4.1 EXECUTING PURCHASE ORDERS

No Commodity is to be provided until an official State of Wisconsin Purchase Order is issued by DOC to Contractor. When there is more than one State fiscal year (July 1 through June 30) or a portion of a fiscal year in the Contract period, a separate purchase order will be issued for each fiscal year in accordance with Department policy on the issuance of purchase orders.

4.1.1 Purchase Orders will be emailed. Specific purchase order(s) or Contract blanket order(s), may be issued to the Contractor(s).

• Purchase Order(s): issued as one-time orders.

• Blanket Purchase Order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the blanket purchase order(s) as needed.

4.2 DELIVERY REQUIREMENT

4.2.1 Delivery to the address specified in the Purchase Order must be completed within five

(5) calendar days and shall not exceed 10 calendar days. If the Vendor(s) are unable to furnish an acceptable product in the timeframe agreed upon, DOC may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Failure to accept these delivery requirements may disqualify the Bid.

4.2.2 The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 24 hours of receipt of order or release order.

4.3 DUPLICATES AND OVER SHIPMENTS

Upon notification by DOC of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within ten (10) business days of receipt of written notification from the DOC, the Department shall dispose of them at its discretion and will not be held liable for the cost.

4.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED ITEMS

Contractor shall provide for return of items that DOC ordered in error for up to thirty (30) calendar days from receipt, with the DOC only responsible for the return shipping costs.

The DOC reserves the right to reject any shipments that it deems to be defective. Such shipments shall be returned at the Contractor(s) expense. The DOC will not be responsible for charges incurred as a result of the defective item(s). If the Contractor(s) unable to furnish an acceptable product, the DOC may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in price between the contracted vendor price and the price from another vendor may be deducted from any monies which may be due to the Contractor from any State agencies.

4.5 NEW AND DISCONTINUED ITEMS

4.5.1 DOC reserves the right to add new products based on its requirements, changes in technology, or changes to standards that are unknown at the time of the RFB. DOC also reserves the right to delete existing/outdated products from the Contract.

Contractor(s) can provide any new products developed during the term of the contract, as long as those products fall within the original scope of the RFB. DOC retains the right to approve or reject any new items or any substitute items that replace discontinued items during the life of the Contract.

4.5.2 ALTERNATE PRODUCTS

The manufacturer’s products shown on Attachment D - Product Specifications are currently being used at the DOC. Bidder may offer an alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by product name.

Adequate detailed specifications of the product offered must be included with the bid by means of a feed tag to establish equivalency and to ensure that the product being bid meets all specifications. The DOC will be the sole judge of equivalency and acceptability.

4.6 RANDOM PRODUCT SAMPLING

Upon delivery and before payment of the final invoice, any part of the final product may be pulled from the contractor’s delivery truck and inspected to assure that shipment meets the specifications.

Failure to meet all specifications may result in rejection of the entire order at no cost to the DOC. No changes in the specifications will be permitted without written authorization from State Farms Contract Administrator.

4.7 BACKGROUND CHECKS AND ACCESS TO DOC SECURE FACILITIES

The DOC reserves the right to conduct background checks on the organization, its officers, employees, or subcontractors for any person that is required to enter a facility to perform duties under this Contract. The DOC is the sole determinant of whether the results of a background check(s) will prohibit a person from entering a DOC facility. Refer to Attachment C - DOC Rider for detailed information related to background checks and access to DOC Facilities.

4.8 TOBACCO-FREE ENVIRONMENT

All DOC Facilities are Tobacco-Free. Contractors are not to possess or use any tobacco product inside the fence of a DOC Facility. Refer to the Attachment C - DOC Rider for detailed information related to drug use.

4.9 PAYMENT TERMS

Payment will not be made until the products are delivered and it is determined they meet all specifications, requirements, and deliverables, and they have been accepted by the DOC.

Bidders 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 will be provided with information regarding new Supplier account set-up. 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.

Refer Section 6.0 in the DOA-3054 Standard Terms and Conditions for additional pricing terms.

4.10 INVOICING

Contractor must agree that invoice prices shall reflect the contracted prices.

4.10.1 DOC will verify the invoiced amounts are the correct contracted amounts. Only properly itemized submitted invoices will be processed for payment. Invoices must follow the instructions below. Invoices must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number (as applicable)

• Quantity shipped

• Date shipped

• Charges that match the terms and amounts in the contract

• Total amount invoiced

The original invoice must be sent to the applicable DOC address which will be provided to the Contractor on the Purchase Order.

4.10.2 The contract is limited to the commodities listed in the contract document or accompanying attachments or amendments. Items ordered not covered by this RFB may 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 may be denied for payment.

4.10.3 If the DOC is dissatisfied with the quality of the 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 item 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.

4.11 TERMINATION FOR CAUSE

The DOC may terminate this Contract for cause 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.

4.12 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 expenses incurred under the Contract up to the date of termination. The DOC shall be entitled to a refund for goods paid for but not received or implemented. Any refunds must be paid within thirty (30) calendar days of written notice to the Contractor requesting the refund

4.13 CONTRACT CANCELLATION

The DOC reserves the right to this contract in whole or in part without penalty if the Vendor:

• 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/or non-procurement contracts

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

• Fails to maintain the confidentiality of the State's Confidential Information proprietary, or containing Personally Identifiable Information

• If the Contractor’s performance threatens the health or safety of any person(s)

4.14 INSURANCE

Insurance requirements are outlined in the DOA-3054 Standard Terms and Conditions- Section 23 which are a part of the RFB package and will be on the State Purchase Order.

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a net unit price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars, unless otherwise indicated. In the event of errors in calculation, the unit price shall prevail.

5.2 FOB DESTINATION, FREIGHT PREPAID INCLUDED

Delivery will be made by common carrier or by transportation arranged by the Contractor with unloading to be performed by the common carrier or Contractor, and carton(s) transported to the receiving area at the facility stated on the purchase order. Bid prices shall include all packing, freight, insurance, the pickup from the storage facility used by the State Farm (location TBD), trucking, roasting, mixing, storage and delivery, or any other costs associated with shipment.

(Refer to Attachment C - DOC Rider).

Failure to bid FOB DESTINATION FREIGHT PREPAID INCLUDED in bid price may disqualify the bid.

5.3 PRICE SHEET INSTRUCTIONS

Bidders shall complete the cells highlighted in yellow on Attachment A - Price Sheet. The bidder shall submit unit price and minimum order quantity. Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicates otherwise.

The price sheet is broken into two (2) lots. Bidders can bid on a single item in a lot, multiple items in a lot or all items in all lots. Minimum order quantity is for informational purposes.

Bid prices shall include all packing, freight, insurance, the pickup from the storage facility used by the State Farm (location TBD), trucking, roasting, mixing, storage and delivery, or any other costs associated with shipment.

5.4 REQUESTING PRICE ADJUSTMENTS

5.4.1 Prices must remain firm for the initial six (6) month of the initial contract term. Prices established may be lowered due to general market conditions.

5.4.2 Every six (6) months, starting December 15, 2025 and continuing for all subsequent periods, The BCE Correctional Farms will notify the awarded vendor of any changes in ingredients and anticipated quantities by providing updated price sheets. The vendor will then submit a written quote, using the updated price sheet, for the next six (6) month period. Upon acceptance of these prices and quantities, it will amend the contract while keeping all other Terms and Conditions unchanged.

5.4.3 The awarded vendor will remain the same throughout the entire contract period, with pricing potentially changing every six (6) months based on ingredients or quantity adjustments, unless other obligations in this RFB are not met. Pricing must be in line with the market prices.

5.4.4 In the event of a surcharge request (e.g., fuel, energy, transportation), the Vendor shall provide a request letter detailing the requested effective date, amount, justification, and any additional information necessary to understand the reason for the request. DOC reserves the right to accept or deny the surcharge request.

Any request for surcharges shall be limited to fully documented cost increases, which are demonstrated to be industry-wide. Price increase requests shall not be duplicative of surcharge requests. Surcharge requests are to be temporary, based on market conditions.

5.4.5 Notification letter(s) shall be received by the Contract Manager no less than thirty

(30) calendar days prior to the suggested effective date of the surcharge. The Contract Manager shall approve all surcharges before they go into effect, and DOC shall not be invoiced for the surcharges until approved.

Decreases to or the elimination of surcharges may occur at any time. Upon request of DOC, the Vendor shall submit additional supporting documentation to justify the continued assessment of the surcharge.

5.4.6 Vendors may not invoice service fees or additional costs during the term of the

Contract, unless approved by the Contract Manager or otherwise agreed to by the Authorized User, in writing, prior an order to purchase being placed.

5.4.7 The following additional costs or fees are not allowed:

• Delivery location fees

• Small order/“minimum order” fees

• “Special order” fees

• Purchasing Card (PCard) additional charges

• Return fees (e.g., restocking fees)

5.4.8 In the event that the price of the Commodity decreases during the term of the

Contract, the Vendor shall reduce the contract prices accordingly.

6.0 BID PROCEDURE AND INSTRUCTIONS

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 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

June 3, 2025 Date of Issue of the RFB

June 10, 2025 2:00 PM CT Date Questions Due (last date accepted)

June 13, 2025 Estimated date Responses to Questions Posted

June 20, 2025 at 2:00 PM CT Bids Due from Bidders

June 24, 2025 Anticipated Award Date

July 1, 2025 Anticipated Contract start date

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by June 10, 2025 at 2:00 PM CT. 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, to request modification or clarification of the RFB document.

All communication and/or questions on all matters regarding this Bid shall be made in writing. Refer to RFB# AS-10199 and directed to the attention of Alice Salli, Procurement Manager for this RFB.

Email is the preferred method of contact and shall 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/ERP/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 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.

6.3 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:

DOCProcurementManager@wisconsin.gov ATTN: Alice Salli, Ref. RFB# AS-10199.

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

mailto:DOCProcurementManager@wisconsin.gov mailto:DOCProcurementManager@wisconsin.gov

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 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/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address to register for notifications on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification puts vendors on the email message list 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. Increasingly, State agencies 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 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.

6.5 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials shall be received for acceptance at the address listed, or through eSupplier. Bids received after the due date and time will be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by Purchasing for the purposes of this RFB. Use one of the options below for submission of the bid.

Faxed and emailed bids are not 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 event. The State has developed questions that you will be prompted to answer with an online guide to submit 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 they 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 the following things in mind 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.

• Bidders may only upload a single file in response to a question. Uploading additional files will overwrite the previous file uploaded. If the Bidder has a need to attach multiple files, the Bidder will need to 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.

https://vendornet.wi.gov/

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

6.5.2 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, and electronic version (WORD or PDF saved on a flash drive or memory stick) of all the materials required in Section 8.0 REQUIRED FORMS by the due date and time, for acceptance of the Bid to:

USPS ADDRESS COMMON CARRIER ADDRESS

Alice Salli Procurement Specialist Senior Wisconsin Department of Corrections Purchasing Services Division of Management Services PO Box 7925 Madison, WI 53707-7925

Alice Salli Procurement Specialist Senior Wisconsin Department of Corrections Purchasing Services Division of Management Services 3099 E. Washington Ave.

Madison, WI 53704

All Bids shall be received and time-stamped at the above location no later than June 20, 2025 at 2:00 PM CT. Bids not time-stamped by this date/time will be considered late and will be 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:

RFB TITLE: Feed and Feed Supplements for Dairy Cattle

RFB NUMBER: AS-10199

RFB DUE DATE AND TIME: June 20, 2025 at 2:00 PM CT

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

6.6 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 submitted as part of the bid response has been labeled as proprietary or confidential on the DOA-3832 form, the Bidder must also 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) (herein after 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 - Price Sheet included in this RFB. Include one hard copy of the Price Sheet with the Bid response and one electronic copy in Excel format. All costs for furnishing the commodities(s) included in this Bid, in accordance with the terms and conditions of this RFB must be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

Bid Response Qualifications and Requirements: The Bidder shall include with their Bid response, Attachment B - Response to Bid Requirements. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed.

6.7 INCURRING COSTS

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

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

Bids will be opened on the date and time indicated in Section 6.1. Names of the bidders are available upon request.

7.2 BID REVIEW

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

7.3 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 it is deemed to be in the best interest of the State.

7.4 METHOD OF AWARD

Award(s) will be made per lot on the basis of the lowest unit price per line item as indicated on Attachment A Price sheet, received from a responsive, responsible Bidder that meets all of the specifications. Bids 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, the unit price shall prevail in determining the award.

The DOC intends to make multiple awards under this bid; however, only one bidder will be awarded per line item.

7.5 USE OF SUBCONTRACTORS

The Contractor will be responsible for the Contract performance of its subcontractors. The Contract will be between the DOC and the awarded Bidder (Contractor). The Contractor will be responsible for its subcontractors' performance of the Contract obligations, including all specifications, insurance requirements, and applicable regulations. The Bidder shall identify any potential subcontractor, if known, it intends to use to provide the commodity and any related services as outlined in this RFB.

All subcontractors shall be approved in writing by the DOC. Any proposed substitution of an approved subcontractor shall be submitted in writing to the DOC 30 calendar days prior to implementation of the substitution. As requested, the Contractor must provide the substitute's qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the DOC may result in cancellation of the Contract without notice and without penalty to the State.

For all Subcontractors, the Bidder shall: 1) Name the Subcontractor; 2) Explain the relationship with the Subcontractor; 3) Describe the role the Subcontractor will play; and 4) Provide the name and a description of Subcontractor(s) relevant qualifications and capabilities.

7.6 SUPPLIER DIVERSITY

7.6.1 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. 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.

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

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

7.6.2 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: https://dva.wi.gov/Pages/Home.aspx

7.6.3 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

7.6.4 WOMAN-OWNED BUSINESS ENTERPRISE

Woman-Owned Business Enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

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.

https://dva.wi.gov/Pages/Home.aspx https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx https://wisdp.wi.gov/search.aspx

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

7.7 NOTIFICATION OF AWARD

All Bidders who respond to this RFB with a bid will receive the notice of award(s) in writing.

8.0 REQUIRED FORMS

The following is a list of forms pertaining to this RFB. An “X” preceding the document indicates that it shall be completed and returned with the Bid response.

X DOA-3832 Bidder Required Form

DOA-3054 Standard Terms and Conditions

X Attachment A - Price Sheet

X Attachment B - Response to…

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