6309 17 RFB Document.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

Department of Corrections Charlene Orsted / Purchasing Services Section 3099 E Washington Avenue P.O. Box 7991 Madison, WI 53707-7991

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid

# CJO-6309 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 sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID THIS IS NOT AN ORDER Bids MUST be in this office no later than

August 18, 2017 11:00 AM Central Time BIDDER (Name and Address)

Name (Contact for further information)

Charlene Orsted, RD, CD, Procurement Specialist

Phone

608-240-5583

Date

August 1, 2017

Quote Price and Delivery FOB

F.O.B. Delivered Destination Dock or Food Service Area

Fax bids are not accepted

Description

The Department of Corrections is requesting bids for the purchase and delivery of

COMMERCIAL FRESH BAKERY PRODUCTS to Department of Corrections and Department of Health Services locations per the attached terms, conditions, and specifications.

Products shall comply with the National School Lunch Program Buy American provision (7 CFR Part 210.21(d)) and USDA requirements.

Bid prices must include all costs for furnishing and delivering the products included in the bid in accordance with the terms and conditions in this bid.

Before submitting this bid, be sure to include all required documents listed in Section 2.4 and 9.0.

Payment Terms: Net 30 Delivery Time: Per Section 5.2

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 claim disabled veteran owned business bidder preference [Wis. Stats. S. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (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.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown

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

Email:

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

Due: August 18, 2017

Commercial Fresh Bakery RFB #CJO-6309

STATE OF WISCONSIN

REQUEST FOR BID (RFB) #CJO-6309

FOR: Commercial Fresh Bakery Products

TABLE OF CONTENTS

DEFINITIONS

1.0 INTRODUCTION AND PURPOSE

2.0 BID PROCEDURES AND INSTRUCTIONS

3.0 BID ACCEPTANCE, REVIEW, EVALUATION AND AWARD

4.0 TECHNICAL REQUIREMENTS

5.0 PERFORMANCE REQUIREMENTS

6.0 PRICING

7.0 SPECIAL CONDITIONS

8.0 STANDARD TERMS AND CONDITIONS

9.0 REQUIRED FORMS AND ATTACHMENTS

9.1 FORMS

9.2 ATTACHMENTS

9.3 ADDITIONAL ATTACHMENTS

Attachment A – Bid Form/Cost Sheet/Cost Submittal

Attachment B – Map of Facilities by County

Attachment C – Delivery Locations and Delivery Days

Attachment D – Specifications and Purchase Estimates

Attachment E - Contractor Compliance Agreement (DOC-2818)

Attachment F – Facility Security Clearance Background Check form (DOC-2430)

Attachment G – Sexual Abuse and Sexual Harassment in Confinement: A Guide for Volunteers and Contractors, DOC training pamphlet (POC-54)

DEFINITIONS:

The following definitions are used throughout the bid:

Adjusted Extended

Total: Bread specifications allow for a range of bread slices being provided per loaf. Extended

Totals are adjusted to account for this difference between Bidder bread loaves.

Agency or Agency location: Any State of Wisconsin DOC and/or DHS ordering location.

Agency Employee or

Staff: Includes all DOC and DHS employees, interns, subcontractors, temporary employees, and volunteers. This definition does not include Agency client workers.

ARO: After Receipt of Order

Bidder: Firm submitting a bid in response to this Request for Bid

Buy American provision: This provision was added to the NSLA which requires Agency locations to purchase domestic commodities and products for school meals to the maximum extent practicable.

CFR: Code of Federal Regulations

CT: Central Time

Client: Person residing at and under the custody or supervision of Agency ordering location.

Contractor: Successful vendor awarded the contract

Contractor Staff: Includes all employees, interns, subcontractors, temporary employees, and volunteers.

DAI: Division of Adult Institutions, administration of all state correctional incarceration facilities except those Juvenile facilities operated by Division of Juvenile Corrections – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI

DHS: The Department of Health Services is an Agency of the State of Wisconsin, headquartered at DHS Central Office, 1 West Wilson Street, Madison, WI 53703.

DJC: Division of Juvenile Corrections, operates the three correctional ‘schools’ – headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI

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

DOC: The Department of Corrections also referred to as the department or the WDOC, an Agency of the State of Wisconsin, headquartered at DOC Central Offices, 3099 E Washington Ave., Madison, WI 53704-4338.

Domestic commodity or product: An agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States.

DVB: Disabled Veteran-Owned Business FDA: US Food and Drug Administration FOB: Freight on board Invoice: An invoice completed according to terms of the Contract and Section 11 of the Standard

Terms and Conditions.

MBE: Minority Business Enterprise Must: Requirement is mandatory NSLA: National School Lunch Act NSLP: National School Lunch Program Offender: Person under the custody or supervision of the Wisconsin Department of Corrections OMB: Office of Management and Budget (federal government) Ordering unit: The smallest ordering amount required for each bid item.

P-Card: Procurement Card (State credit card) Procurement Manager: The person point of contact for this RFB who is responsible for managing the procurement process.

PREA: Prison Rape Elimination Act

Purchasing: Department of Corrections Purchasing Section Relationship: Means a personal association between an employee and an individual.

Resident: Person under the custody or supervision of Wisconsin Agencies or Departments.

RFB: Request for Bid Serving Unit: Smallest serving unit of a product ordering unit Shall: Requirement is mandatory Should: Desired but not mandatory SRSTC: Sand Ridge Secure Treatment Center

State: State of Wisconsin

Substantial: Over fifty-one (51) percent of the final processed product consists of agricultural commodities that were grown domestically. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the US.

US: United States

USDA: United States Department of Agriculture

USPS: United States Postal Services

Vendor: Firm submitting a bid in response to this Request for Bid

WI: Wisconsin

1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE OF THIS REQUEST FOR BID

The Department of Corrections (DOC), through its Purchasing Services Section (Purchasing), on behalf of the Division of Adult Institutions (DAI), Division of Juvenile Corrections (DJC), and Department of Health

Services (DHS), request bids for the purchase and delivery of commercial fresh bakery products.

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid. The awarded Contractor(s) shall deliver fresh bakery weekly to six (6) DHS locations and five (5) DOC Locations. Occasionally, on an as needed basis, deliveries may be required at thirty-two

(32) other DOC locations for varying lengths of time. When necessary, emergency deliveries may be requested from any DOC or DHS location.

Agency locations participate in the Federal school meal programs and therefore are required to purchase bakery that complies with the Buy American provision and other Federal requirements detailed in Section 4.4, “Product Specifications”.

The Contract Administrators for this contract are the Food Service Administrator, or their designee, at each Agency ordering location.

The Wisconsin School for the Deaf, located at 309 West Walworth Avenue, Delavan, WI; Wisconsin Center for the Blind and Visually Impaired, located at 1700 West State Street, Janesville, WI; and the Wisconsin Challenge Academy, located in Fort McCoy, WI; have expressed interest in utilizing the resulting contract.

Other State agencies may use the resulting contract, if agreeable to both the DOC and the vendor, to obtain the benefit of reduction in administrative expenses.

1.2 CONTRACT TERM

The contract term will be for one year, with options to renew the contract for four (4) additional one-year terms. Renewal(s) beyond the initial contract term is contingent upon the performance of the Contractor during the contract period and upon availability of funds. The Agency contract start date is the day that deliveries begin. (Section 2.3)

1.3 CONTRACT DOCUMENTS

In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful bidder, and additional terms agreed to, in writing, by DOC and the

Bidder shall become part of the contract. Failure of the successful bidder to accept these as a contractual agreement may result in a cancellation of award.

In the event of conflicts or disputes between the parties related to the meaning of any part of the contract, the following priority of documents will be used to resolve the conflict or dispute:

1.3.1 Official Purchase Order, including State of Wisconsin standard terms and conditions

1.3.2 Final Signed Contract including any attachments or amendments, and all terms and conditions

1.3.3 Bidder’s response as accepted by the State of Wisconsin

1.3.4 Request for Bid (including any amendments, exhibits and attachments)

Successful bidder should retain a copy of this RFB document and their response.

1.4 CANCELLATION AND TERMINATION

This Contract may be terminated or cancelled under any of the conditions included in this Section.

1.4.1 TERMINATION FOR CONVENIENCE

DOC may terminate the Contract at any time, without cause and without penalty, by delivering thirty (30) days’ written notice to the Contractor. The Contractor may terminate by providing one hundred and twenty (120) days’ written notice to DOC.

In the event of a termination for convenience, the Contractor shall be entitled to receive compensation for goods delivered under the Contract. DOC shall be entitled to a refund for goods paid for that are not of satisfactory quality. The refund shall be paid within 30 days of a written notice to the Contractor.

1.4.2 TERMINATION FOR CAUSE

If the Contractor breaches this Contract, the DOC shall provide the Contractor written notice of the breach and a time period (not less than 30 days) to cure. The notice of breach and opportunity to cure may be waived at DOC’s discretion for repeated breaches and may result in immediate termination of the Contract.

The Contractor may terminate this Contract, with cause, by notifying DOC in writing within thirty

(30) days after the Contractor becomes aware of the DOC’s alleged noncompliance to the contract. The notice shall include a complete description of the noncompliance. If the DOC does not, within forty-five (45) days after its receipt of the Contractor’s notice, either (1) effect a cure or

(2) develop and diligently proceed with a plan to cure the noncompliance, then the Contractor may terminate the Contract by providing DOC written notice ninety (90) days in advance of the intended date of termination.

1.4.3 CONTRACT CANCELLATION

1.4.3.1 DOC reserves the right to cancel this Contract in whole or in part without penalty, and without notice, if the Contractor:

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

b. Makes an assignment for the benefit of creditors;

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

d. Fails to maintain the confidentiality of the Agencies information that is considered to be Confidential Information; or

e. Performs in a manner that threatens the health or safety of a State employee, Agency client, citizen, or customer.

1.4.3.2 DOC reserves the right to cancel this Contract in whole or in part without penalty, with 30 days’ written notice, if the Contractor:

a. Fails to follow the sales and use tax certification requirements of s. 77.66 of the

Wisconsin Statutes;

b. Incurs a delinquent Wisconsin tax liability;

c. Fails to submit a non-discrimination or affirmative action plan as required;

d. Fails to follow the non-discrimination or affirmative action requirements of subch.

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

e. Becomes a state or federally debarred contractor.

1.5 VENDORNET REGISTRATION

Registration on the State of Wisconsin’s VendorNet System (https://vendornet.wi.gov/Registration.aspx) is available free of charge to all businesses and organizations that wish to sell commodities and/or services to the State. By registering on VendorNet, a Bidder may register for a bidders list for any commodity https://vendornet.wi.gov/Registration.aspx and/or service the Bidder is interested in providing to the State. VendorNet also provides automatic email notification each time DOC or another procuring State Agency, including University of Wisconsin System campuses, posts a solicitation with an estimated value over $50,000 in their designated commodity and/or service area(s). Only registered Bidders with a valid email address at the time a solicitation is posted will receive email notifications of amendments. Bidders who obtain the solicitation from a third party, through the State of Wisconsin Public Notices website or by any other means assume responsibility for checking updates to the solicitation.

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 REASONABLE ACCOMODATIONS

The DOC will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If accommodations at a bid opening are needed, email DOCProcurementManager@wisconsin.gov.

2.2 BID SUBMITTAL

Bidders must submit an original, marked as such, 1 copy and an electronic version (i.e., flash drive, also known as “thumb drive”) of materials required (see section 2.4) for acceptance of their bid.

Use one of the options below for return of the bid.

The Bid(s) must be received at the Purchasing Services Section, at the office listed below, no later than

August 18, 2017 11:00 AM Central Time. Bids received after that time and date will be rejected.

USPS ADDRESS COMMON CARRIER ADDRESS

Charlene Orsted /Purchasing Services Charlene Orsted/ Purchasing Services

Department of Corrections Department of Corrections

PO Box 7991 3099 East Washington Ave

Madison WI 53707-7991 Madison WI 53704-4338

NOTE: Allow an extra day for deliveries to the PO Box address.

FAXING: Faxed bids are NOT accepted. E-MAILING: Emailed bids are NOT accepted.

Bids must be packaged, sealed, and show the following information on the outside of the package:

Vendor’s Name and Address

RFB Title

RFB Number

Bid’s Due Date and Time

2.3 CALENDAR OF EVENTS

Listed below are important dates and times related to this RFB. In the event the DOC finds it necessary to change these dates and times the Procurement Manager will issue an amendment on VendorNet, unless the event is listed as estimated or approximate.

DATE EVENT

August 1, 2017 RFB posting date

August 9, 2017 Last day for submitting written questions

August 10, 2017 Answers to questions posted on VendorNet (estimated)

August 18, 2017 11:00 AM CT Bids due from vendors

Week of August 21, 2017 References may be contacted

Week of August 21, 2017 Product samples may be requested for delivery on August 23

September 1, 2017 Award date (estimated)

October 2, 2017 Contract start date for product deliveries to DOC locations

November 1, 2017 Contract start date for product deliveries to DHS locations

2.4 FORMAT OF BID

Responses to this RFB must comply with the following format requirements:

2.4.1 SIGNED REQUEST FOR BID, Form DOA-3070 – Cover sheet of this RFB

Include here the signed Request for Bid form and those documents required for submittal of the bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization responsible for the price decision.

2.4.2 COST SUBMITTAL INFORMATION

Bidders must fully complete the attached Cost Sheets (Attachment A). Instructions are included on the Cost Sheet. All costs to furnish the distribution service (fuel, labor, etc.) and bakery products (packaging, storage racks, order forms, ordering software, insurance, etc.) in accordance with the terms and conditions of this RFB must be included in the bid prices.

Every line item in Section A on Attachment A must have a price associated with it. Bids that do not have a price for every line item shall be disqualified. See Section 3.3 for the exception.

Respond to questions in Section B of Attachment A.

2.4.3 VENDOR INFORMATION, Form DOA-3477

Provide Vendor Company contact information as requested on the form.

2.4.4 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION, Form DOA-3027

Information submitted as part of the bid document which is proprietary and confidential in nature and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records

Law – Section 19.36(5), Wis. Stats. Complete and sign the attached form.

2.4.5 WISCONSIN COOPERATIVE PURCHASING SERVICE, Form DOA-3333

Vendors are encouraged to extend the contract resulting from this RFB to local governments in

Wisconsin. Indicate your willingness to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing Service.

2.4.6 VENDOR REFERENCE, Form DOA-3478

Complete the Vendor Reference form with four vendors that your company has conducted business with providing commodities and services similar in size and scope to those requested in this RFB. Include the company name, address, contact person, phone number, and email address along with a brief description of the service. (Section 2.3)

2.4.6 STATE OF WISCONSIN TERMS AND CONDITIONS

The standard (DOA-3054) terms and conditions shall govern this RFB 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. 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 other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

2.4.7 ADDITIONAL INFORMATION

√ This symbol within the bid document, indicates when additional information is required when submitting bid response.

2.5 INCURRING COSTS

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

RFB.

2.6 COMMUNICATIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT

All communication and/or questions regarding this RFB must be made by email, and refer to RFB # CJO-

6309, and directed to the Procurement Manager, Charlene Orsted:

DOCProcurementManager@wisconsin.gov.

Bidders are expected to raise questions, exceptions, or additions concerning the RFB document by

August 9, 2017. If at any time prior to the bid due date, a Bidder discovers significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the

Procurement Manager and request modification or clarification of the RFB document.

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 on

VendorNet (https://vendornet.wi.gov/Bids.aspx).

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except through Purchasing Services Section and directed to the Procurement Manager

(DOCProcurementManager@wisconsin.gov), is strictly prohibited during the period from the date this

RFB is released until the date the notice of intent to 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 or DHS may continue to communicate with the Contract Administrators regarding the performance of that current Contract(s) only.

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

2.7 NEWS RELEASES AND PROMOTIONAL MATERIALS

News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State. Contractor agrees to not use promotional or marketing material which states expressly or by fair implication that the DOC or DHS endorses either the

Contractor or any sponsor of such material.

3.0 BID ACCEPTANCE, REVIEW, EVALUATION AND AWARD

3.1 BID OPENING

Bids will be opened on the date and time indicated on the Request for Bid Form (DOA-3070) at 3099 East

Washington Ave. Madison, WI 53704 Purchasing Services Section. Only names of the bidders shall be read aloud at that time, pricing will not be disclosed.

3.2 BID ACCEPTANCE

Bids which do not comply with instructions or are unable to comply with specifications contained in this

RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB.

mailto:DOCProcurementManager@wisconsin.gov https://vendornet.wi.gov/Bids.aspx mailto:DOCProcurementManager@wisconsin.gov

3.3 BID REVIEW

Bids will be reviewed by DOC's Procurement Manager and program managers to verify that all required submittals were received, mandatory requirements, and product specifications have been met.

Failure to meet a mandatory requirement shall disqualify the bid.

If no bidder is able to comply with a given specification, condition of bid or provide a specific item, the

Procurement Manager reserves the right to delete that specification, condition of bid or item.

Bidder references may be checked prior to award.

3.4 SAMPLES AND EVALUATION

Bidder may be required to submit at no-charge; postage-paid, non-returnable samples upon request after bids are opened. Bidders will need to provide no more than one (1) ordering unit of a requested bid item.

The samples will be used for evaluating acceptability of product bid. All samples become the property of

DOC.

3.5 SAMPLES AND TESTING

If product samples are requested, they will be required. Do not send samples with bid response.

Samples must be clearly labeled as “Bid Sample” and identified with the bidder’s name, bid number, and item description. Product samples are to be delivered as instructed on the sample request letter. Failure to submit sample(s) by the date, time and location specified in the product sample request letter, may result in the disqualification of the bid.

Under the supervision of the Procurement Manager, product samples will be evaluated for acceptability by a test panel. Evaluation criteria will include, but not limited to product appearance, flavor, color, texture and packaging. Bidders aren’t allowed to attend or participate in the sampling.

If the Test Panel concludes that a product sample is unacceptable, the product bid shall be eliminated from further bid award consideration. Alternate products can be submitted for testing but the bid items unit price must remain firm. Award shall be dependent upon submission of acceptable product samples.

3.6 METHOD OF AWARD

The DOC will award a contract to a single vendor. Award will be determined by the lowest

Adjusted Extended Total, Grand Total price per Attachment A.

The DOC reserves the right to accept or reject any and all bids in whole or in part. Bids that state the

DOC shall guarantee a specific quantity or dollar amount shall be disqualified.

In the event of bidder error in calculation, unit price shall prevail in award.

Responses provided to the questions in Section B of Attachment A, will have no impact on award.

3.7 MINORITY BUSINESS ENTERPRISE

Bids from a certified Minority Business (MBE) may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). MBE must be certified by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on the front page, form DOA- 3070.

3.8 DISABLED VETERAN-OWNED BUSINESSES

Bids from certified DVBs may be provided up to a five percent (5%) bid preference in accordance with

Wis. Stats. s. 16.75(3m). DVB must be certified by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on the front page, form DOA-3070.

3.9 NOTIFICATION OF INTENT TO AWARD

Any bidders that respond to this RFB, with a bid, will be notified in writing of the State’s intent to award the contract.

After intent to award is issued, copies of bids will be available during business days for public inspection

9:00 a.m. to 3:00 p.m. at 3099 East Washington Ave., Madison WI. Vendors shall schedule reviews in advance with Charlene Orsted, Procurement Manager.

4.0 TECHNICAL REQUIREMENTS

All specifications in this section are mandatory. Failure by a bidder to meet any specific requirement may result in disqualification of the bid.

4.1 BIDDER AGENCY QUALIFICATIONS

4.1.1 Bidder shall have 24 months or more of experience providing food distribution services during the past 3 years.

√ Submit proof of experience requirement.

4.1.2 DOC reserves the right to consider the experience of the principle owners/managers of the bidder when making a determination of the experience requirements. Additionally, in cases where there has been a change in company name or incorporation, the experience of the prior business entity can be taken into consideration.

4.1.3 Commercial bakery production company(s) place(s) of operation and products produced must meet the approval standards of the American Institute of Baking and must be certified.

√ For products bid, submit the current certification(s).

4.1.4 Products and product’s place(s) of operation must meet all Federal, State, and Local Laws, Codes and Regulations.

4.1.5 Bidders shall have a written policy regarding biosecurity and the food supply, in accordance with the Bioterrorism Act 2002 under the U.S. Department of Health and Human Services, FDA, and under the USDA, Food Safety and Inspection Service.

√ Bidders must submit documentation which defines their biosecurity policy and procedures.

4.1.6 Bidder shall comply with all federal, state and local mandates regarding the identification and recall of foods from the commercial and consumer marketplace. Bidder shall have a food recall process in place providing the following:

4.1.6.1 accurate and timely communications to the Contract Administrators, and

4.1.6.2 assurance that unsafe products are identified, and

4.1.6.3 recalled products are removed from delivery locations in an expedient, effective and efficient manner.

4.1.6.4 When the amount of recalled product is deemed significant by the ordering location, locations are provided replacement product, or an equal number of servings of a comparable product substitution at the contract price. For example, 100% whole wheat sandwich bread loaf with 24 slices is substituted with a 100% whole wheat sandwich bread loaf with 26 slices. Substitutions require prior approval from Contract Administrator(s).

4.1.6.5 Bidder shall maintain all paperwork required for immediate and proper notification of recalls.

√ Bidder must submit documentation which defines their policy and procedures for handling food recalls.

4.2 DELIVERY DRIVER QUALIFICATIONS

4.2.1 Must be approved by the DOC and DHS security clearance background check prior to entry onto

DOC or DHS Grounds. (See Section 7.10 and 7.11)

4.2.2 Receive Required PREA training, using DOC provided training materials, prior to entry onto

Agency grounds. (See Section 5.1)

4.3 DELIVERY TRUCK REQUIREMENTS

4.3.1 Bidder Agency identification is on outside of trucks.

4.3.2 Truck trailers are clean and sanitary.

4.3.3 Truck contains equipment required to unload delivery.

4.4 PRODUCT SPECIFICATIONS

4.4.1 Products shall be fresh and never frozen. Seven days or more shelf life shall be remaining at time of product delivery.

4.4.2 Products shall comply with applicable requirements set forth in Federal regulations including policy and instructions issued by the USDA. The applicable regulations are the following:

4.4.2.1 7 CFR 210 (NSLP) which includes the Buy American provision.

4.4.2.2 7 CFR 220 (School Breakfast Program).

4.4.3 Additional specifications for each bid item are detailed on Attachment D.

√ Submit product ingredient lists and nutritional analysis per serving for each item listed on the cost sheet, Attachment A. Indicate on each product information sheet, which bid item number the information applies to. Enter your company’s name on each page submitted.

4.4.4 Product packaging shall comply with all regulations and standard practices as they apply to institutional food service use. If twist ties are used to close the package they cannot contain any metal or product that can conduct electricity.

4.4.5 Product stackable transport and storage racks must be free of any metal construction materials.

Racks containing removable metal support bars will not be allowed. Racks completely constructed from plastic are required.

5.0 PERFORMANCE REQUIREMENTS

5.1 CONTRACTOR STAFF TRAINING

Contractor staff requiring entry to Agency grounds or inside Agency facilities shall receive required training prior to entry. The DOC provided pamphlet (POC-54) titled “Sexual Abuse and Sexual Harassment In

Confinement: A Guide for Volunteers and Contractors”, (Attachment H), is required training material which shall be provided to contractor staff. Contractor is responsible for providing and documenting the provision of this training. Upon request, the Contractor Manager has the right to receive copies of training documentation.

5.2 DELIVERY FREQUENCY AND DELIVERY DAY(S)

Delivery frequency shall be as often as needed to maintain proper inventory levels and product freshness.

Each location determines their required weekly delivery frequency and required delivery day(s) of the week.

Agency locations reserve the right to change their delivery day(s) in response to the changing needs of their facility. When able, Contractor will be notified three weeks prior to the required change. Delivery locations must allow product packaging substitutions for up to three weeks when less notice is provided.

For example, allow white hot dog buns in packages of 8, in place of white hot dog buns in 30 count bulk trays.

Because of the industry, fresh bakery deliveries will not be requested on Wednesday or Sunday, unless there is an emergency. (Section 5.3.3)

The facility Contract Administrator and vendor will determine an alternate delivery day when the routinely scheduled delivery day falls on a State Holiday.

5.3 DELIVERY LOCATIONS

5.3.1 ONGOING WEEKLY DELIVERY LOCATIONS

Agency locations requiring weekly deliveries on required delivery day(s) are listed on Attachment

C in Sections 1 and 2.

When able, Agencies will provide thirty days advance notice prior to adding or deleting a delivery location.

Attachment B is a Wisconsin map showing the county location of each DOC & DHS location listed on Attachment C.

5.3.2 OCCASIONAL DELIVERY LOCATIONS

DOC locations listed on Attachment C in Section 3 may request and require occasional deliveries.

The amount of product, number of items, and length of time deliveries are needed will vary. If the bakery needs are large volume, the location may need to allow product substitutions for up to three weeks.

When able, the location will provide three days advance notice prior to first delivery. Locations will provide Contractor with an estimated length of time that services will be needed. Two days or more prior to the final delivery, Contractor will be notified of services being discontinued.

5.3.3 EMERGENCY NEED DELIVERIES

An emergency delivery will be requested when a natural disaster, disaster, pandemic or other emergency at a location impacts their ability to produce standard meals. Following telephone notification, the Contractor shall provide delivery within 24 hours at no additional charge to impacted location(s) for their immediate needs. When the vendor’s ability to perform is impaired by the same disaster or emergency, exceptions are allowed.

It’s acceptable for the vendor to offer and provide alternate products at non-contract prices that meet the facility(s) needs in an emergency situation. The delivery location needs to select their alternate products from those offered.

Following an emergency delivery, the location(s) may request and require occasional deliveries.

5.4 DELIVERIES AND DELIVERY TIME

All deliveries are made to the locations designated dock or food service area. Vendor is responsible for unloading delivered products inside the facility, and set in place per the instructions provided by each ordering location.

Delivery ticket shall be in duplicate. Delivery tickets shall be signed by Agency staff that received and checked the delivery’s compliance with the order. If Agency staff is unable to check the delivery at time of receipt, the Contractor will be notified of discrepancies within one business day.

Delivery times on required delivery days will be coordinated and scheduled with each ordering location’s Contract Administrator. DHS Locations prefer deliveries between 6:00 A.M. and 2:30 P.M. DOC locations prefer deliveries between 8:00 A.M. -11:00 A.M., and 1:00 P.M. - 3:00 P.M. unless indicated otherwise on Attachment C in Section 2. Other delivery times can be requested by Contractor but must be approved by the ordering location Contract Administrator prior to implementation.

Contract Administrator contact information will be provided to the awarded vendor.

5.5 DELIVERY DELAYS

The Contractor is required to provide 24 hour notice to the Contract Administrator of any delays in delivery, from required delivery day. Delays occurring on the delivery day shall be communicated as soon as they are known.

5.6 ORDERS

5.6.1 Specific order types may be issued to the Contractor.

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

5.6.1.2 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.

5.6.2 Indicate on Attachment A in Section B what methods are available for ordering locations to place orders that are releases against a blanket purchase order.

5.6.3 Purchase Orders may be sent by US mail, electronic mail, phone, fax, etc.

5.7 ORDER CONFIRMATION

Contractor is required to provide an order confirmation to Contract Administrator, or designee, at ordering location within 24 hours of receiving order. Additional time is allowed when a holiday is within the 24 hour period.

Indicate on Attachment A in Section B what method(s) of communication will be utilized by bidder to provide order confirmations.

5.8 ORDER SHORTAGES AND REJECTED PRODUCTS

5.8.1 ORDER SHORTAGES

5.8.1.1 Contractor Notification Prior to Delivery

If the Contractor is unable to provide all of the ordered items at any ordering location, the Contract Administrator, or their designee, for that location shall be notified 24 hours or more prior to the scheduled delivery day.

5.8.1.2 Product Substitutions and Price

Comparable product substitutions shall be offered when the Contract Administrator is notified. For example, offering 100% whole wheat sandwich bread with 24 slices per loaf, in place of the contracted 100% whole wheat sandwich bread with 26 slices per loaf.

The comparable item contract price is charged for approved product substitutions with an equal number of servings units per ordering unit. The replacement products ordering unit price, shall be adjusted when the number of serving units differ between the two products.

So, with the above whole wheat bread substitution example, fewer slices of bread are provided with the substitution. Because of this, the contract’s unit price charged will be reduced for the substituted loaf. The reduction will be calculated to account for the 2 fewer serving units per loaf.

5.8.1.3 Product Shortage Identified When Delivered

Delivery locations will notify Contractor when a product shortage is identified at time of delivery that is the result of Contractor’s services. If the amount is deemed significant by the delivery location, the shorted amount of product shall be delivered at no additional charge in time for the items anticipated meal need.

FAILURE TO DELIVER PRODUCTS IN TIME MAY RESULT IN DEDUCTIONS FROM

CONTRACTOR’S INVOICES FOR THE ADDITIONAL COSTS RESULTING FROM THE

PROCUREMENT OF EMERGENCY SUPPLIES.

5.8.2 REJECTED PRODUCTS

5.8.2.1 Product Removal

The delivery locations reserve the right to reject any delivered item(s) they deem to be faulty and unable to serve to clients. Items identified at time of delivery will be removed by Contractor’s delivery staff. If identified following the delivery, upon notification, the Contractor shall remove rejected products within 48 hours of notification.

If such product is not removed within 48 hours, the Agency reserves the right to dispose of the product as their own property, and shall not be held liable for the cost.

Rejected products deemed unfit for human consumption will be reported to the Contractor and the local health authorities. Product removal will not be allowed until removal is directed by the local health authorities.

5.8.2.2 Product Cost

Agencies will not be responsible for, pay for removal of, or pay for rejected products. The Contractor shall be liable for any costs as a result of delivering faulty products.

5.8.2.3 Product Replacement

When the volume of rejected product is deemed significant by the delivery location, the Contractor must replace the product at no additional charge in time for the items anticipated meal need.

FAILURE TO REPLACE PRODUCTS IN TIME MAY RESULT IN DEDUCTIONS FROM

CONTRACTOR’S INVOICES FOR THE ADDITIONAL COSTS RESULTING FROM THE

PROCUREMENT OF EMERGENCY SUPPLIES.

5.9 OVER SHIPMENTS

5.9.1 Product Removal

Over shipments identified at time of delivery will be removed by Contractor’s delivery staff. If identified following the delivery, upon notification, the Contractor shall remove over shipped products within 48 hours of notification.

If such goods are not removed within 48 hours, the Agency reserves the right to dispose of the over shipment as their own property and shall not be held liable for the cost.

5.9.2 Product Cost

Agencies will not be responsible for, pay for removal of, or pay for over shipped products. The

Contractor is liable for any costs as a result of delivering over shipped products.

5.10 NEW AND DELETED PRODUCTS

One time product substitutions are not acceptable without prior approval from the ordering location.

Adding, deleting, and replacing contract items must be approved and contract amended by the Contract Manager prior to product change. Each weekly ongoing delivery location will require one ordering unit to sample and evaluate with new and replacement contract items. Samples will be provided at no charge.

Replacement products shall be identified and Agency approved prior to Contractor deleting a contract item. Replacements containing the same number of serving units per ordering unit shall be provided at the contract price. The ordering unit price shall be adjusted when the servings differ between products.

5.11 CONTRACTOR STAFF PERFORMANCE

The Agency retains the right to require the reassignment of an employee or employees, as the Agency may deem necessary. Reasons for this request may be but are not limited to incompetence, carelessness, disruptive or otherwise objectionable behavior.

The request for reassignment is in no way a call for dismissal. It is just a request for the individual to be reassigned out of the resulting State contract.

6.0 PRICING

6.1 FIRM PRICES

Prices must remain firm for the initial one year contract term.

6.2 PRICE INCREASE REQUESTS

Price increase requests proposed after the initial one year contract term must be received by the Contract

Manager in writing 30 days prior to the beginning of the next contract term for acceptance or rejection.

Proposed price increases are limited to fully documented cost increases to justify increases when the request is submitted. If DOC deems cost increases are not acceptable, DOC reserves the right to rebid the contract in whole or part.

7.0 SPECIAL CONDITIONS

7.1 PAYMENT TERMS AND INVOICING

7.1.1 Contractor must agree that all invoices shall reflect the contracted prices.

The DOC and DHS must meet a statutory mandate to pay invoices within 30 days of receipt of invoice or goods/services, whichever is later. Exemptions to the mandate are federally funded purchases and aids payments to individuals or organizations.

The DOC and DHS verify invoiced amounts are correct as per the contract. Only properly submitted invoices will be processed for payment. Prompt payment requires that Contractor invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

Contractor name

Remit to address

Purchase order number

Charges in the same format as the terms of the contract

The original invoice must be sent to one of the multiple ordering location addresses listed on

Attachment C. Contractor and Contract Administrator at the ordering location can agree to other methods for submitting invoices.

Copies of invoices will be provided to Agency Central Office management staff when requested.

7.1.2 The contract is limited to fresh bakery commodities. Agency locations may order other fresh bakery products from Contractor at non-contract pricing.

7.1.3 No bakery is to be provided until an official State of Wisconsin Purchase Order is issued by

Agency 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 Agency policy on the issuance of purchase orders. The fiscal years or portions thereof which apply to this Contract are: October 1, 2017 through June 30, 2018; July

1, 2018 through June 30, 2019; July 1, 2019 through June 30, 2020; July 1, 2020 through June

30, 2021; July 1, 2021 through June 30, 2022; and July 1, 2022 through September 30, 2022.

7.2 WISCONSIN SALES AND USE TAX REGISTRATION

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin

Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your firm. For additional information see https://www.revenue.wi.gov/html/vendlaw.html.

7.3 SUBCONTRACTING

Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by Purchasing Services.

7.3.1 The Contractor shall be directly responsible for any subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job.

https://www.revenue.wi.gov/html/vendlaw.html

7.3.2 Contractor must assure subcontractors abide by all terms and conditions under this Contract.

7.3.3 If subcontractors are to be used, the Contractor must clearly explain their participation.

7.4 PRIME CONTRACTOR: MINORITY BUSINESS SUBCONTACTORS AND

DISABLED VETERAN-OWNED BUSINESS SUBCONTRACTORS

The prime contractor will be responsible for contract performance when subcontractors are used.

However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the bidder must clearly explain their participation.

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Supplier Diversity Program 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 minority-owned business 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 State of Wisconsin is also committed to the promotion of disabled veteran-owned businesses in the state's purchasing program and a goal of placing 1% of its total purchasing dollars with certified disabled veteran-owned businesses. Authority for this program is found in ss. 16.283(1)(b),(3) and 16.75(3m)(a)1,(b)2,3,(c), Wisconsin Statutes. The contracting agency is committed to the promotion of disabled veteran-owned businesses in the state's purchasing program.

The State of Wisconsin policy provides that disabled veteran-owned businesses certified by the Wisconsin Supplier Diversity Program 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 disabled veteran-owned businesses or by using such businesses to provide goods and services incidental to this agreement, with a goal of awarding at least 1% of the contract price to such businesses.

The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve these goals, including the identities of such minority business enterprises and disabled veteran-owned businesses certified by the Wisconsin Supplier Diversity Program and their contract amount.

Minority and Targeted Business…