2845_3.DOCX

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

USPS Address Sara Redford State Bureau of Procurement WI Department of Administration P.O. Box 7867 Madison, Wisconsin 53707-7867

Common Carrier Address Sara Redford State Bureau of Procurement WI Department of Administration 101 East Wilson Street, 6th Floor Madison, Wisconsin 53703-3405 Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # 28091-SR. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for one-hundred and eighty (180) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

Statewide Paging Equipment, Airtime and Support

Thursday, August 9, 2012 at 2:00 PM Central Time

BIDDER (Name and Address)

Name (Contact for further information) Sara Redford

Phone 608-267-2706 Date Friday, July 27, 2012

Quote Price and Delivery FOB F.O.B. Destination Freight Prepaid

|_| Fax bids are accepted X Fax bids are not accepted

Description

This Request for Bid will establish a Contract for the State of Wisconsin to purchase Statewide Paging Equipment, Airtime and Support

Complete the information below

|_| We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.

|_| We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title

Phone ( )

Fax ( )

Signature of Above

Date E-mail.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

STATE OF WISCONSIN

REQUEST FOR BID # 28091-SR

STATEWIDE PAGING EQUIPMENT, AIRTIME AND SUPPORT

TABLE OF CONTENTS

Definitions

Introduction and Purpose Section 1.0

Bidder Qualifications Section 2.0

Bid Procedures and Instructions Section 3.0

Bid Acceptance, Review and Contract Award Section 4.0

Mandatory Technical Requirements Section 5.0

Mandatory Performance Requirements Section 6.0

Mandatory Support Requirements Section 7.0

Cost Information and Contract Pricing Section 8.0

Order of Precedence Section 9.0

Contractual Terms and Conditions Section 10.0

Special Terms and Conditions Section 11.0

Required Forms (End of RFB Document) DOA-3054: Standard Terms and Conditions DOA-3477: Bidder Information DOA-3478: Bidder Reference DOA-3027: Designation of Confidential and Proprietary Information DOA-3333: Vendor Agreement Wisconsin’s Cooperative Purchasing Service Debarment Form Lobbying Form

Separate and Required Attachments:

Appendix A: Cost Sheets

DEFINITIONS

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

Bid – written response of a Bidder to a Request for Bid (RFB).

Bidder – means a provider of paging equipment, airtime and support which submits a competitive Bid in response to this RFB.

Contract – means the written agreement between the successful Bidder and the State covering the goods and services to be performed pursuant to this RFB.

Contract Administrator – means the individual in DOA’s Division of Enterprise Technology (DET) responsible for administering day-to-day operational matters relating to the Contract.

Contract Manager – means the individual in the State Bureau of Procurement (SBOP) responsible for managing this RFB and subsequent contractual issues.

Contract User –term used throughout to refer to the collective combination of Agencies and Municipalities eligible to participate on the Contract, including all of their respective End Users.

Contractor – Successful bidder awarded a Contract resulting from this RFB. For the purpose of this RFB, the terms “Contractor” and “Bidder” can be used interchangeably when referring to the future status of an awarded bidder, operating under a State Contract.

Department (DOA) - means the Department of Administration.

DET – means the Division of Enterprise Technology in DOA.

DVB – means Disabled Veteran-Owned Business

End User – means the individual employee of an Agency or Municipality, and the direct user of the paging equipment and services.

FCC – means Federal Communications Commission

F.O.B. Destination Freight Prepaid – means the seller is responsible for freight charges. The seller 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 until delivered to the destination.

Market Basket – means a combination of mandatory cost components for which the State has historical spend and usage data, used to compare Bid pricing and determine Contract awards.

Minority Business Enterprise (MBE) – means a business that has been certified under Wisconsin Statutes s. Comm 105.14, 105.21, or 105.23.

Municipality – means any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

OEM – means Original Equipment Manufacturer.

Procuring Agency – means the State Agency which conducts the competitive procurement process.

PSC – means the State of Wisconsin Public Service Commission

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

SBOP – means the Department of Administration’s State Bureau of Procurement.

Service Outage -- means a complete failure of the Contractor’s paging equipment used to process pager notification that renders one-hundred percent (100%) incapable of processing paging calls.

State – means the State of Wisconsin

Subcontract - means any agreement, written or oral, financial or non-financial, between the Bidder and any other party to fulfill the requirements and performance obligations of the Contract, including any agreement between the Bidder or a Subcontractor and any other provider of goods and services when the Subcontractor is acting for or on behalf of the Bidder.

Subcontractor – means any entity that enters into any agreement with the Contractor to fulfill the requirements and performance obligations of the Contract.

UL – means Underwriter’s Laboratories

Wisconsin’s Cooperative Purchasing Service – means Wisconsin statutes (s. 16.73, Wis. Stats.) that establish authority to allow Wisconsin Municipalities to purchase from state contracts.

RFB 28091-SR: Statewide Paging Equipment, Airtime and Support 3

1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF REQUEST FOR BID (RFB)

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a Bid for paging equipment, airtime and support.

The State as represented by its Department of Administration (DOA), State Bureau of Procurement (Bureau) intends to use the results of this process to award a Contract for the goods and services identified above.

1.2 REASONABLE ACCOMMODATIONS

The Department shall, upon request, provide reasonable accommodations, including the provision of informational material in an alternate format, for qualified individuals with disabilities. If you think you need reasonable accommodations, contact Sara Redford at 608-267-2706 or sara.redford@wi.gov .

1.3 SCOPE

The scope of this procurement and subsequent Contract shall include new pager equipment, airtime and support to be provided throughout the State of Wisconsin.

Aside from the provision of paging equipment and services, the primary objectives of the Contract(s) resulting from this RFB include:

1) Leverage the State’s purchasing volume to achieve cost savings

2) Maximize coverage, quality and streamlined business processes

3) Maximize ongoing, statewide competition among Contractors and provide a cost effective contractual vehicle that keeps pace with industry innovations

1.3.1 BACKGROUND AND CURRENT OPERATIONS

During the 2011 calendar year, Agencies and Municipalities spent $145,330 against the current paging Contract.

This spend estimate is based on past usage and is expected to fluctuate up or down depending upon the needs of Contract Users. The State does not guarantee to purchase any specific quantity or dollar amount.

1.3.2 ACCOMMODATING CHANGES IN PAGING TECHNOLOGIES

Since paging technology may change over the life of the Contract(s), the State reserves the right to add or delete products and/or services. This will be at the sole discretion of the State to review and approve additional equipment and/or services through a formal written approval process, including mutually agreed upon pricing.

1.4 OVERVIEW OF PROCURING AGENCY

The Department of Administration performs administrative and executive functions for the State of Wisconsin. This Request for Bid (RFB) is issued by the Wisconsin Department of Administration Bureau of Procurement, and it is the sole point of contact for the State of Wisconsin during the procurement process. All communication about this RFB is to be directed to the Procurement Manager, Sara Redford.

1.5 CONTRACT LENGTH

The initial Contract term shall be for three (3) years with the potential for two (2) one-year renewals by mutual written agreement.

2.0 BIDDER QUALIFICATIONS

All requirements in this section are mandatory. The following requirements shall be met at no additional cost to the State. All Bidder qualifications are defined as mandatory minimum requirements unless otherwise stated.

Failure to meet these mandatory requirements shall result in disqualification of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in the RFB.

2.1 Bidder shall have at least five (5) years of experience providing paging equipment, airtime and support to customers of a similar size as the State of Wisconsin.

2.2 Bidder shall be authorized by the Federal Communications Commission (FCC) and Wisconsin’s Public Service Commission (PSC), or other such authority as may be applicable, to provide paging services in the State of Wisconsin.

2.3 Bidder shall be authorized by the Original Equipment Manufacturer (OEM) to sell, install and service OEM’s paging products at the time of bid opening and shall maintain such authorization throughout the term of the Contract. Upon request by the State, OEM authorization documentation shall be provided by the Contractor.

3.0 BID PROCEDURES AND INSTRUCTIONS

3.1 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site 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 e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without Internet access may receive paper copies in the mail upon request. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

3.2 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFB shall be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

3.3 FORMAT OF BID

Bidders shall comply with the following format requirements. The State reserves the right to reject any Bids from consideration that do not follow the required format as instructed.

Bid shall be typed and submitted on 8.5 by 11 inch paper and securely bound. Bid shall be organized and presented in the order and by the section numbers assigned in the RFB.

Elaborate advertising and/or marketing material is not necessary nor is it desired.

Bid shall be organized with the following headings and subheadings, separated by tabs or otherwise clearly marked.

Tab 1 RESPONSE TO SIGNED REQUEST FOR BID SHEET

Include here the signed Request for Bid sheet (i.e. this RFB’s cover page (DOA-3070)) included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor'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.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement:

· The vendor'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.

· The prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by the same, directly or indirectly, to any other respondent or to any competitor.

· No attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

Tab 2 RESPONSE TO STATE OF WISCONSIN TERMS AND CONDITIONS

These standard and supplemental terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor Contracts. Submission of any standard vendor 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 vendor's bid. The State reserves the right to negotiate Contractual terms and conditions when it is in the best interest of the State to do so. The State is the sole determinant of its best interest.

Tab 3 RESPONSE TO MANDATORY REQUIREMENTS

Provide a point-by-point response to all mandatory requirements and qualifications as found in the following sections:

Failure to meet a mandatory requirement will disqualify your bid.

Tab 4 COST INFORMATION—APPENDIX A

Provide cost information on Appendix A (Cost Sheets).

Tab 5 REQUIRED FORMS

Bidder shall complete and submit the following required forms with its Bid:

|_| Designation of Confidential and Proprietary Information (DOA-3027) (end of RFB) |_| Bidder Information (DOA-3477) (end of RFB) |_| Bidder References (DOA-3478) (end of RFB) |_| Designation of Confidential and Proprietary Information (DOA-3027) (end of RFB) |_| Vendor Agreement, Wisconsin’s Cooperative Purchasing Service (DOA-3333) (end of RFB) |_| Debarment Form (end of RFB) |_| Lobbying Forms (end of RFB)

Tab 6 ADDITIONAL INFORMATION (OPTIONAL)

Include all additional information that will be essential to an understanding of the bid. This might include any explanatory documentation that would clarify and/or substantiate the bid document, including any value added capabilities.

Include all RFB supplements and revisions (e.g. amendments), and editable versions of all documents Bidder would require the State to agree to in a Contract.

3.4 SUBMITTING A BID

Bidders shall submit 1 original , marked as such, plus 1 additional copy (total of 2 hard copies), and 1 electronic version (e.g., CD-ROM or a portable USB flash/thumb drive) of all materials required by the RFB for acceptance of their Bid by the deadline shown on the Request for Bid form (first page of this RFB) to:

USPS ADDRESS

Sara Redford State Bureau of Procurement WI Department of Administration P.O. Box 7867 Madison, Wisconsin 53707-7867

COMMON CARRIER ADDRESS

Sara Redford State Bureau of Procurement WI Department of Administration 101 East Wilson Street, 6th Floor Madison, Wisconsin 53703-3405

Bids shall be received in the above office not later than 2:00 p.m., Central Time, on Thursday, August 9, 2012. All Bids shall be date and time-stamped in by the State Bureau of Procurement Office prior to the stated time. Bids not so stamped will be considered late. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the State Bureau of Procurement Office.

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

· Bidder's Company Name and Address

· Request for Bid Title: Statewide Paging Equipment, Airtime and Support

· Request for Bid Number: 28091-SR

· Bid Due Date: August 9, 2012 at 2:00 PM Central Time

· RFB Manager Name: Sara Redford

Late Bids will not be accepted for any reason. Bids that are not securely sealed will not be accepted for any reason. Failure to include the above referenced information on the bid package may prevent timely receipt of the bid by the State Bureau of Procurement Office.

Faxed bids are not allowed and shall not be accepted.

Email bids are not allowed and shall not be accepted.

3.5 INCURRING COSTS

The State of Wisconsin is not liable for any cost incurred by a Bidder in the process of responding to this RFB.

3.6 QUESTIONS AND COMMUNICATION RESTRICTIONS

Any questions concerning this RFB shall be submitted in writing using email (no telephone calls) on or before the end of day Thursday, August 2, 2012, to Sara Redford at sara.redford@wisconsin.gov.

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document or any attachment/appendix of the RFB at this point in the RFB process. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder should immediately notify the above named individual of such error and request modification or clarification of the RFB document.

In the event it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be published on VendorNet.

From the date of release of this RFB, until a letter of intent to award a Contract is issued, all contacts with State Agencies, including University of Wisconsin System personnel, excluding that necessary to conduct existing day-to-day business, regarding this RFB shall be made through Sara Redford in the State Bureau of Procurement’s Division of Enterprise Operations/Department of Administration. Violation of this condition may be considered sufficient cause for automatic disqualification of a Bid.

Each Bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

3.7 NEWS RELEASES

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

News releases, marketing and advertising pertaining to the contract(s) resulting from this RFB shall not be made without the prior review and written approval of the State.

3.8 REFERENCES

Bidder shall provide at least 4 names of organizations with whom the Bidder has done business similar to that required by this RFB. The State will determine which, if any references, to contact to assess the quality of the product/service.

Potential Subcontractors may not be listed as references.

For each entity, the Bidder shall include the company name, address, contact person and telephone number along with a brief description of the product/service, which was the basis for the business relationship.

Before the award of any Contract(s), the Department shall be satisfied that the bidder has sufficient capability and performance history to perform the work described in this RFB. It is the bidder’s responsibility to acquaint the RFB Manager with these qualifications by submitting clear, concise and complete documentation and thorough references.

Any information provided in response to References that the Bidder intends to be held confidential must be identified as such on form DOA-3027: Designation of Confidential and Proprietary Information.

4.0 BID ACCEPTANCE, REVIEW AND CONTRACT AWARD

4.1 METHOD OF BID

Bidders shall respond to all of the following cost sections using Appendix A: Cost Sheets. All Bid pricing and subsequent pricing during the term of the Contract must be F.O.B. Destination Freight Prepaid.

4.1.1 PAGING AIRTIME PLANS

Bidder must provide a monthly recurring charge for paging airtime plans. Plans shall include at least five-hundred (500) pages per month and a billable rate per page for all pages over 500 and/or unlimited pages at no additional charge.

For all airtime plans, Bidder must describe the coverage of the plan (e.g. local, statewide, national) and any other terms of the plan.

4.1.2 PAGING EQUIPMENT PRICING

All equipment must meet all the requirements in Section 5.1.

Bidder shall provide a comprehensive list of Bidder’s current paging equipment including a description, technical specifications, monthly lease price or whether the device is included with the paging airtime plan.

4.1.3 PAGING FEATURES

Bidder must describe all paging features and a line item cost for all features that will be made available on the Contract.

4.1.4 FEES AND SURCHARGES

Bidder shall provide pricing for all fees and surcharges according to the requirements of Section 8.4.

4.2 METHOD OF AWARD

Award(s) shall be made on the basis of the lowest responsive, responsible Bidder(s).

The State intends to make statewide awards to the three lowest responsive, responsible Bidders based on the lowest combined Market Basket total.

To determine the lowest net Market Basket total, the Bidder’s pricing for certain mandatory cost components as listed in RFB Section 4.1, Method of Bid, shall be incorporated into a formula derived to represent a total weighted average of the State’s historical usage. The result of this calculation shall be a net Market Basket total. The calculation used to derive the net Market Basket total shall be made available at the Bid opening.

The State reserves the right to award to fewer or more than three Bidders if it is in the best interest of the State to do so. The State is the sole determinant of its best interest.

The State does not guarantee to purchase any specific quantity or dollar amount. Bids that stipulate that the State shall guarantee a specific quantity or dollar amount will be disqualified. All pricing must be in provided in US dollars. In the event of Bidder error in calculation, unit price shall prevail.

4.3 BID OPENING

Bids will be opened on Thursday, August 9, 2012 at 2:00 p.m., Central Time, at the DOA Building at 101 E. Wilson St., 6th floor, Madison, WI 53703. Only the names of the Bidders will be read aloud at that time.

4.4 BID ACCEPTANCE

Bids which do not comply with directions or are unable to comply with requirements and specifications contained in this RFB will be disqualified by the State.

The State may request reports on a Bidder’s financial stability and if financial stability is not substantiated may disqualify a Bid.

The State may request information on all pending litigation with a Bidder that may have a material or adverse impact on the ability of the Bidder to successfully perform contractual obligations and if ability is not substantiated, may disqualify a Bid.

The State reserves the right to accept or disqualify any or all Bids, or accept or disqualify any part of a Bid deemed to be in the best interest of the State. The State shall be the sole judge as to its best interests and compliance with the instructions contained in this RFB. Conditions of the RFB that include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated.

4.5 BID REVIEW

Bids will be reviewed by the RFB Manager and/or program manager(s) to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, pending litigation, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing performance on past awards to the vendor by the State of Wisconsin.

4.6 MINORITY BUSINESS ENTERPRISE AND DISABLED VETERAN OWNED BUSINESS PREFERENCE

The State of Wisconsin is committed to the promotion of minority and disabled veteran-owned business in the State’s purchasing program and a goal of placing 5% of its total purchasing dollars with such enterprises. Authority for this program is found in ss. 15.107(2), 16.75(3m), 560.0335 and 560.036 Wisconsin Statutes. Agencies are also committed to the promotion of these enterprises in the State’s purchasing program.

The State of Wisconsin policy provides that these enterprises certified by the Wisconsin Department of Administration 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 these enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the Contract price to such enterprises.

The Contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Administration and their Contract amount.

4.7 NOTIFICATION OF INTENT TO AWARD A CONTRACT

Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's award of contract(s) as a result of this RFB.

After the contract award(s) is made and under the supervision of the RFB Manager, copies of bids will be available for public inspection from 8:30 a.m. to 4:30 p.m. at 101 E. Wilson St., 6th floor, Madison WI. Vendors must schedule reviews with the RFB Manager, Sara Redford at 608-267-2706 or via email at sara.redford@wisconsin.gov.

5.0 MANDATORY TECHNICAL REQUIREMENTS

All Technical Requirements are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will result in bid disqualification. If no single bidder is able to comply with a given specification or condition, the State reserves the right to delete that specification or condition of the RFB.

5.1 All Equipment shall be new, factory-sealed OEM products. Used, remanufactured, refurbished or non-OEM equipment will not be acceptable unless the Contract User provides written approval for such alternatives.

5.2 Upon request, Bidder shall provide written certification that no parts or attachments have been substituted or applied contrary to the OEM’s recommendation or standard practice.

5.3 All equipment shall comply with FCC requirements and be Underwriter Laboratories (UL) listed.

· Contractor’s paging equipment shall, at a minimum:

· Store fifteen (15) messages

· Provide both tone and vibration alerts

· Provide individual message time and date stamp

· Have a low battery indicator

· Include a belt clip

5.4 Contractor shall honor pager manufacturer’s standard warranty which shall be no less than one (1) year from date of purchase by State. Warranty shall include freight, labor and materials required to repair, or must otherwise fully replace pager using the same assigned pager telephone number.

5.5 Contractor shall maintain or have access to an inventory of replacement parts, consumable supplies, accessories and manufacturer technical resources as specified by the pager manufacturer to support purchases from the Contract.

5.6 Contractor shall assign individual pager the most economical area code and exchange telephone number to minimize long distance charges associated with Agency offices contacting their pager users.

5.7 Contractor’s paging system shall send message notification to pagers within one (1) minute following receipt of message by the paging system.

6.0 MANDATORY PERFORMANCE REQUIREMENTS

All Performance Requirements are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will disqualify your bid. If no single bidder is able to comply with a given specification or condition, the State reserves the right to delete that specification or condition of the RFB.

6.1 NOTICE OF CHANGES, SYSTEM OUTAGES AND SYSTEM MAINTENANCE

Contractor shall communicate details about Service Outages, updates for extended outages and all-clears within two (2) hours to the State’s Contract Administrator.

For the purpose of this Contract a “Service Outage” means a complete failure of the Contractor’s paging equipment used to process pager notification that renders one-hundred percent (100%) incapable of processing paging calls.

Contractor shall also provide the State’s Contract Administrator communication regarding, but not limited to:

· Billing system changes.

· Changes in paging technologies within the State.

· Expansion or improvements to Contractor’s network within the State.

· Contractor’s internal procedures that may impact the State.

· Scheduled system maintenance including impacted areas in Wisconsin and an estimate of the timeframe.

6.2 CONTRACTOR CONTRACT ADMINISTRATOR

Bidder shall designate a Contract Administrator with full authority, on the Contractor’s behalf, to oversee all matters and compliance as it pertains to the Contract. This includes assuming responsibility and liability for all problems related to all products and services provided under the Contract. Changes in Contractor Contract Administrator information shall be communicated in writing to the State’s Contract Manager and Administrator within 1 business day of change.

6.3 CONTRACTOR PERSONNEL

Bidder shall provide a sufficient number of Contractor personnel to fulfill Contract requirements throughout the entire term.

All Contractor personnel shall be knowledgeable about the Contract and shall provide assistance to Contract Users for the following, at a minimum:

· Product knowledge, needs and training

· Assistance with the ordering process, expediting, and accurate pricing

· Assistance with product configuration and use rights

· Facilitate equipment warranty activity with the manufacturer, regardless of equipment ownership (Contract User or Contractor)

· Account assistance, troubleshooting and resolution

Prior to Contract implementation, Bidder shall provide key contact information to the State Contract Manager and Administrator for all Contractor personnel.

The State reserves the right to request replacement of any Contractor personnel assigned to provide service to the Contract for failure to meet performance or support requirements.

6.4 TIMELY RESPONSE TO COMMUNICATIONS

Contractor shall respond to service problems within two (2) hours at the latest when 1) reported by an Agency or End User during State business hours or, 2) reported outside of State business hours for individual/multiple reports of a critical nature. This includes, but is not limited to, outages affecting a significant number of End Users and 7 x 24 x 365 operations. Contractor shall respond to State Emergency Response Professionals (e.g., doctors, law enforcement staff, life/public safety professions) who report service affecting issues (e.g., pager not working) within five (5) minutes.

Contractor’s Personnel shall respond to all other comments or questions (non-service requests) from Contract Users within 1 business day. For all comments, questions and requests older than 2 business days, Contractor’s Personnel shall contact the individual(s) with an estimated time that they will receive their answer along with the cause for delay. Contractor’s Personnel shall be responsible for follow-through to ensure that all requests for information are answered.

6.5 ON-SITE SERVICES

Contractor Personnel shall, if requested, meet on-site at Contract User’s location anywhere within the State of Wisconsin. Bidder shall not charge for such meetings and is responsible for all associated costs.

Contractor Personnel who are dispatched to Contract User’s location shall submit to a background check and sign a non-disclosure form if requested to do so per Contract User’s access policies.

6.6 CONTRACTOR INITIATED SERVICE DISCONNECTION

Contractor shall not initiate, under any circumstances, a disconnection or account level changes of any State account or line without agreement from the Agency and DOA’s Contract Administrator.

In the event any individual pager is identified as immediately affecting Contractor’s paging system quality of service (e.g. one thousand (1,000) pages in twenty-four (24) hours), Contractor may notify the Agency and State’s Contract Administrator by telephone or email and disconnect the pager without an affirmative request.

Under all other circumstances where Contractor intends to disconnect service to individual pager(s) that was not affirmatively requested by the Agency, Contractor shall notify the Agency and State’s Contract Administrator in writing at least thirty (30) days prior to disconnection.

6.7 COVERAGE MAPS

Bidder shall provide two (2) separate printed versions of service coverage maps showing:

· 1-way State of Wisconsin coverage

· 2-way State of Wisconsin coverage

During the term of the Contract, the Contractor shall provide DOA’s Contract Administrator with current electronic coverage maps. Updated electronic maps are necessary only if there are changes in Contractor’s network coverage. Contractor’s coverage map information will be incorporated into DET’s User Guide that will be accessible using the Internet.

Contractor shall provide the State’s Contract Administrator an electronic version of paging coverage per Airtime Plan, upon request.

6.8 REPAIR SERVICES

Contractor shall provide repair service for all pagers (both leased and/or purchased) throughout the term of the Contract. Repair service includes:

· Loaner pagers, whether broken pager is being repaired or replaced, at no additional cost. Loaner pagers shall be assigned Agency user’s same pager telephone number.

· Delivery of repaired or loaner pager within twenty-four (24) hours after receipt of broken pager by Contractor.

· Repair or replacement of leased pagers, regardless of cause, at no additional cost.

The State reserves the right to expedite repair response for situations at its discretion.

7.0 MANDATORY SUPPORT REQUIREMENTS

All Support Requirements are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will disqualify your bid. If no single bidder is able to comply with a given specification or condition, the State reserves the right to delete that specification or condition of the RFB.

7.1 PRE-SALES DEMONSTRATION/EVALUATION

Bidder shall provide, upon request, models for demonstration or evaluation purposes. Contract Users and Bidder shall mutually agree upon the number of models and length of demonstration or evaluation. This shall be reasonably based upon model availability. Models should be the same as those offered on the Contract. Bidder should provide the demonstration or evaluation models within 15 business days after request or upon mutual agreement based on demonstration model availability.

7.2 REPORTS

On a quarterly basis, Contractor shall provide detailed electronic reports in MS EXCEL of all expenditures incurred under the Contract to the State’s Contract Manager and Administrator. Quarterly reports shall reflect the previous quarter’s expenditures against the Contract and be submitted no later than 15 calendar days after the end of each quarter. Report shall include, but is not limited to:

· Contract User name

· Pager number

· Monthly plan name/description

· Monthly recurring charge

· Monthly usage and additional features charges

· Regulatory and supplemental fees

· Grand total spent against the Contract during the reporting period

On an annual basis, Contractor shall provide a detailed electronic report in MS EXCEL of all expenditures incurred under the Contract to the State’s Contract Manager and Administrator including all fields and requirements of monthly reporting.

Contract Users reserve the right to request additional reports from the Contractor at no additional cost. Where requested, Contractor shall use commercially reasonable efforts to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the date the request was submitted.

7.3 ORDERS

Contract Users shall place orders directly with the Contractor. Orders shall be fulfilled and delivered within 5 business days after receipt of order (ARO). Contractor’s equipment pricing at the time of order shall be computed on the Contractual pricing in effect on the day an order is placed. Price changes will not affect orders placed prior to the effective date of such changes.

Contractor shall notify Contract User within 2 business days following receipt of an order if delivery will be delayed due to a documented back-order. Contract User reserves the option to mutually agree to the estimated delivery date of the back-ordered product or cancel the order.

Contractor shall not activate or charge for billable features unless the billable features have been affirmatively ordered by the Agency.

7.4 PRODUCT RETURNS AND OVERSHIPMENTS

The State reserves the right to reject any equipment that it deems to be faulty. The State shall not be responsible for charges incurred as a result of defective products.

Contract Users may return any product for any reason within thirty (30) days of receipt by the Contract User for a full refund (where applicable). There shall be no charge to the Contract User, including restocking fees and shipping.

Contractor shall remove equipment duplicates or over-shipments within thirty (30) days following written notification from Agency. Goods not so removed may be disposed of by the Agency who shall not be held liable for the cost of either the goods or its disposal.

7.5 INVOICES

Contractor shall send detailed monthly invoices as specified by the Contract User to the specified address(-es) within 45 days of delivery of equipment and/or activation of paging service, whichever is later.

Monthly invoices shall be itemized by line number and include, at a minimum:

· The monthly rate plan(s)

· Billable feature(s)

· Itemized fees

· Detailed usage charges

· Relevant description of each invoice credit and adjustment

7.6 NEW CONTRACT (PHASE-IN) TRANSITION

Contractor shall have the pricing structure, products and procedures in place on or before the Contract start date.

Contractor shall work to ensure that any disruption of service to existing End Users is as minimal as possible as they are transitioned to the new Contract.

During the phase-in transition, the Contractor shall:

· Provide a New Contract Transition plan to DOA’s Contract Administrator to be approved prior to scheduling transition to the new Contract. The plan shall include, but is not limited to, processes for shipping equipment, activation of new equipment, porting of numbers, timeline to assist Contract Users, etc.

· Assist Contract Users with the selection of paging equipment based on cost and technical needs.

· Assist Contract Users with the selection of airtime plan(s) based on usage needs, cost and technical needs.

· Assist Contract Users with placing orders to port pager numbers from other carriers.

· Assist Contract Users with training end users about new paging equipment operations and features.

· Troubleshoot and resolve any problems that may result from the transition process.

8.0 COST INFORMATION AND CONTRACT PRICING

8.1 PRICING

Bidder shall use Appendix A: Cost Sheets to respond to all cost components.

Bidder shall submit pricing in US dollars unless otherwise indicated. Percentages shall be rounded to the nearest percent (e.g., 55% and NOT 54.7%).

All pricing must remain firm for the term of the contract, including any renewal options.

Contractor shall waive all activation and deactivation charges. Contractor shall waive individual pager length of service contracts. Airtime service shall be provided on a month-to-month basis with no termination or break-contract charges.

8.2 F.O.B. DESTINATION FREIGHT PREPAID

All necessary equipment ordered during the Contract term shall be shipped F.O.B. Destination Freight Prepaid and included in the price. Expedited or overnight deliveries, if requested by the Agency, may be a billable cost and shall be itemized in the written invoice.

8.3 CONSIDERATION OF ALL INHERENT COSTS

Bid prices shall take into consideration all inherent costs of providing the equipment and services described in the RFB. The State shall not pay any additional charges beyond the prices listed in the Bid.

8.4 FEES AND SURCHARGES

Bidder may waive fees and surcharges. Where flat rate fees and surcharges (e.g., fixed amount per line per month) are priced, Bidder must itemize all such charges.

Contractor shall not implement new fees and miscellaneous charges or increase existing fees and miscellaneous charges without first notifying and seeking approval, in writing, from the State’s Contract Administrator. Only fees and miscellaneous charges required by the FCC or Wisconsin’s PSC shall be considered.

8.5 PRICE DECREASES

Any price decreases from the manufacturer/supplier or passed along in any way to the Contractor are required to be passed along to the State as soon as practicable.

8.6 NEW AND DISCONTINUED ITEMS

Contractor shall provide new paging devices for newly established paging services.

Contractor may add other new products to this Contract at the discretion of the State’s Contract Administrator at a price and a discount conforming to other like items on the Contract. Products which are no longer manufactured or which are not being ordered in sufficient quantity may be deleted from the Contract. Contractor shall provide written notification to the State’s Contract Administrator of new or discontinued items as soon as practicable.

9.0 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid from the successful Bidder(s), and additional terms agreed to, in writing, by the Department of Administration and Contractor shall become part of the Contract. Failure of the successful Bidder(s) to accept these as a Contractual agreement may result in cancellation of Contract award.

If there is a conflict or inconsistency between provisions of the resulting Contract, RFB 28091-SR (including subsequent amendments) for Statewide Paging Equipment, Airtime and Support and pricing offers, the conflict or inconsistency will be resolved by giving precedence in the following descending order:

1. Applicable State of Wisconsin statutes and regulations.

2. The terms of the resulting Contract.

3. The terms of Bidder’s Bid as accepted by the State.

4. The terms of RFB 28091-SR, as amended, Statewide Paging Equipment, Airtime and Support.

10.0 CONTRACTUAL TERMS AND CONDITIONS

The Contractual Terms and Conditions in this Section 11, the Special Terms and Conditions in Section 12 and the State of Wisconsin Standard Terms and Conditions (Form DOA-3054 (R10/2005) herein collectively referred to as the Contract Terms and Conditions and the State reserves the right to negotiate contractual terms and conditions in addition to the proposed Contract Terms and Conditions when it is in the best interest of the State to do so.

Bidder may not submit its own contract document as a substitute for the State’s Contract Terms and Conditions.

Bidders must accept all Contract Terms and Conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Proposer’s suggested revisions. Any changes or amendment to any of the Contract Terms and Conditions will occur only if the change is in the best interest of the State.

Bidder’s detailed written response (“Response”) to this document must conform to the following:

· The Bidder shall not view the possibility of indicating required changes as an opportunity to rewrite the proposed Contract. The Bidder must accept this Contract substantially in the form written, and changes must only be made if a Bidder cannot comply with any particular provision as written. However, the State reserves the right to reject any Bidder-proposed changes during contract negotiations.

· It is imperative that the proposed Contract be reviewed at this time by everyone in Bidder’s organization whose authorization or approval may be required; that the required changes fully reflect such review and are consistent with the Bidder’s proposed compliant solution with respect to the services, as reflected in the Bidder’s Response.

· The Bidder shall not make conceptual objections or observations that certain sections require additional discussion or negotiation. Any required changes to the contractual language in the proposed Contract must be specific and fully detailed.

· If the Bidder cannot agree to a contractual provision as written, the Bidder must make its specific required revision to the language of the provision by striking out words or inserting required language to the text of the provision within the copy of the draft. Any new text and deletions of original text must be clearly reflected through the use of Microsoft Word’s “Track Changes” function, which then requires that the Bidder’s Response be printed in color. Bidders shall avoid complete deletion and substitution of entire provisions, unless the deleted provision is rejected in its entirety and substituted with substantively changed provisions.