6687 LiveScan Fingerprint System RFB.doc

RFB # XX-XXX

Due Date: Month XX, 2007

RFB Name

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:

FORMCHECKBOX

Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

CYNDA SOLBERG/Purchasing Services Department of Corrections

3099 EAST 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 # CKS-6687 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

February 28, 2018 3:00 PM CST

BIDDER (Name and Address)

Name (Contact for further information)

Cynda Solberg

Phone

608-240-5581 Date

February 5, 2018

Quote Price and Delivery FOB

Destination

FORMCHECKBOX

Fax bids are not accepted

Item

No.

Quantity and Unit

Per Unit Total

Submitted bids must meet all required specifications in the RFB document.

FORMCHECKBOX

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.

FORMCHECKBOX

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.

FORMCHECKBOX

Yes FORMCHECKBOX No FORMCHECKBOX 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

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

TABLE OF CONTENTS

SECTION

PAGE #

DEFINITIONS

1.0

INTRODUCTION, PURPOSE, AND SCOPE

2.0

BID PROCEDURE

3.0

BID ACCEPTANCE, EVALUATION AND AWARD

4.0

TECHNICAL REQUIREMENTS

5.0

PERFORMANCE REQUIREMENTS

6.0

PRICING

7.0

TERMS AND CONDITIONS

8.0

STANDARD TERMS AND CONDITIONS, REQUIRED FORMS

ATTACHMENT A- COST SHEET

ATTACHMENT B- WISCONSIN EFTS RECORD FORMAT

ATTACHMENT C- CJIS (CRIMINAL JUSTICE INFORMATION SECURITY) SPECIFICATIONS

DEFINITIONS:

The following definitions are used throughout the bid:

AFIS:

Automated Fingerprint Identification System

ARO:

After Receipt of Order Bidder:

Firm submitting a bid in response to this Request for Bid

Contractor:

Successful vendor awarded the contract

DAI:

Division of Adult Institutions, administration of all adult state correctional incarceration facilities

DCC:

Division of Community Corrections, supervises offenders in the community

DJC:

Division of Juvenile Corrections

DOA:

State of Wisconsin- Department of Administration

DOC:

Department of Corrections, DOJ:

State of Wisconsin- Department of Justice eSupplier:

State of Wisconsin Vendor portal for posting of bids

MBE:

Minority Business Enterprise Mug Shot Capture: Photographic portrait, informal term for police or booking photograph Inmate:

Person incarcerated at a DOC institution or center

Offender:

Person under the custody or supervision of DCC

Purchasing:

Department of Corrections’ Purchasing Services Section

RFB:

Request for Bid State:

State of Wisconsin Wavelet Scalar Quantization:

Compression algorithm use for gray-scale fingerprint images Vendor:

Firm submitting a bid in response to this request for bid

VLAN:

Virtual Local Area Network Must:

Requirement is mandatory

Shall:

Requirement is mandatory

Should:

Desired but not mandatory

1.0 INTRODUCTION, PURPOSE, AND SCOPE

1.1

PURPOSE OF THIS REQUEST FOR BID

The Department of Corrections (DOC) is requesting bids for portable Live Scan Fingerprint Systems, including all necessary equipment and software to transmit fingerprint and palm images to the Department of Justice (DOJ)’s Automated Fingerprint Identification System (AFIS) site for processing. DOC requires pricing for a desktop system and a laptop system. The awarded vendor must supply all necessary equipment and components required to submit the fingerprint to DOJ. This contract also includes the initial system set up and staff training on how to use the equipment.

The fingerprint machines are located at select DOC facilities including DAI (Division of Adult Institutions) institutions (click here for locations), DCC (Division of Community Corrections) offices, and the DOC Central Office. Generally the desktop units will be located at the DAI institutions and the laptop units at DCC locations. The laptop systems may be moved from location to location.

DOC intends to use the awarded contract for the time period of 5 years. The equipment specified in this bid is based on what DOC’s current needs for equipment are, plus estimates for additional equipment during the 5 year contract life. If during the life of the contract the requirements change or if new equipment features become available, DOC reserves the right to purchase upgraded equipment models from the awarded vendor. DOC also reserves the right to purchase equipment off contract if there is a need for a specialized type of equipment or if there is new technology during the life of the contract.

Other State agencies may use the resulting contract, if agreeable to both the DOC and the vendor, to obtain the benefits of volume purchasing and/or to reduce administrative expenses.

1.2

CONTRACT TERM

The contract term will be for one year from the date of award, with options to extend the contract for four additional one-year terms. The contract will renew automatically unless notification is provided at least 90 days prior to the start of the next renewal period by either party.

1.3 Executed contract to constitute entire agreement In the event of a contract award, the contents of this RFB (including all attachments), RFB addendums, the bid submittal, and additional written terms shall become part of the contract. Failure of the successful bidder to accept these as part of the contractual agreement may result in a cancellation of award.

The following priority for contract documents will be used if there are conflicts or disputes:

· Standard Terms and Conditions (Form DOA-3054)

· State of Wisconsin Purchase Order

· Bidder’s submitted bid document

· State of Wisconsin Request for Bid, including any amendments

· Other exhibits/attachments The successful bidder should retain a copy of this RFB document and their response as it becomes part of the awarded contract.

1.4

TERMINATION FOR CONVENIENCE

DOC may terminate the contract resulting from the RFB at any time, without cause and without penalty, by giving a thirty (30) days written notice to the Contractor. The Contractor may terminate the contract 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.

1.5

WISCONSIN ESUPPLIER PORTAL

Registration on the State of Wisconsin eSupplier Portal for bidders (https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER) is available free of charge to all businesses and organizations that wish to sell commodities and/or services to the State. By registering on the Wisconsin eSupplier Portal, a Bidder/Proposer may register for a bidders list for any commodity and/or service the Bidder/Proposer is interested in providing to the State. The Wisconsin eSupplier Portal for bidders also provides automatic email notification each time DOC or another procuring State Agency 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 via Wisconsin eSupplier Portal will receive email notifications of amendments. Bidders who obtain the solicitation from a third party, through the State of Wisconsin Public Notices website, VendorNet website, or by any other means assume responsibility for checking the Wisconsin eSupplier Portal for updates to the solicitation.

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 REASONABLE ACCOMMODATIONS

DOC will provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with disabilities upon request. If accommodations at a bid opening are needed, contact Cynda Solberg via telephone at 608-240-5581 or email at DOCProcurementManager@wisconsin.gov .

2.2 BID SUBMITTAL

Proposers may submit their bid responses by mail, hand delivery, email, or the eSupplier Portal. The bid responses must be received through one of these methods no later than February 28, 2018 3:00 PM CST. Bids received after that time and date will be rejected.

Mailed or hand delivered bids shall be clearly marked, packaged, sealed, and submitted to:

USPS ADDRESS

COMMON CARRIER ADDRESS

Cynda Solberg/ Purchasing Director

Cynda Solberg/Purchasing Director Department of Corrections

Department of Corrections PO Box 7991 3099 East Washington Ave

Madison, WI 53707-7991 Madison, WI 53704-4338

Mailed or hand delivered bids shall include:

· One hard copy of the bid response clearly marked with:

· The proposer’s name and address

· Request for Bid Title: Live Scan Fingerprint Equipment

· Request for Bid Number: CS-6687

· Bid Due Date: February 28, 2018 3:00 PM

· An electronic copy (on a USB thumb drive or flash drive) of the bid response, including all attachments.

· Note: The electronic copies must exactly match the hard copies.

Emailed responses shall be submitted to:

DOCProcurementManager@wisconsin.gov

Emailed bids shall include:

· Email subject line must contain the following:

· Live Scan Fingerprint Equipment

· CKS-6687

· February 28, 2018 3:00 PM

· The email submittal shall contain one electronic copy of the bid response.

· Email attachments cannot exceed 15 MB. If the documents will exceed 15 MB, then more than one email can be submitted. Each email must be labeled with the RFB title, bid number, and due date. Emails should also be labeled as “1 of 3,” “2 of 3,” “3 of 3”, etc.

· After the email is received an email acknowledgement will be emailed to the sender. If the sender does not receive an acknowledgement, the sender should contact the Procurement Manager.

· If the email is rejected by the system, the proposer should contact the procurement manager to report the issue.

eSupplier Portal Submittal:

Vendors electing to submit bids submitted via the eSupplier Portal shall follow the instructions given in the eSupplier Portal system. Failure to properly submit all required documents by the due date and time will result in rejection of the RFB.

2.3 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event DOC finds it necessary to change the listed dates and times, changes will be made by issuing an amendment.

DATE

EVENT

February 5, 2018

RFB posting date

February 12, 2018

Last day for submitting written questions

February 15, 2018

Answers to questions posted (estimated) February 21, 2018 9:00 AM CST

Vendor Conference (attendance optional) February 26, 2018

Vendor Conference notes posted (estimated)

February 28, 2018 3:00 PM CST

Bids due from vendors

March 1, 2018

Contract award date (estimated)

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 The form must be signed by a person authorized to commit to pricing and contract terms.

2.4.2 COST SUBMITTAL INFORMATION

The itemized cost sheet must be completely filled out, including a price per unit for each item, an extended total for each item. All costs to furnish the Live Scan system must be included in the bid price.

2.4.3 VENDOR INFORMATION DOA-3477

Provide information as requested on Form DOA-3477.

2.4.4 WISCONSIN’S COOPERATIVE PURCHASING SERVICE DOA-3333

Vendors are encouraged to extend the contract resulting from this RFB to other state agencies and local governments in Wisconsin. Indicate if you are willing to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Wisconsin’s Cooperative Purchasing.

2.4.5 State of Wisconsin Terms and ConditionS DOA-3054

The standard (DOA-3054) and supplemental (DOA-3681) 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 or substitution of State terms and conditions may result in rejection of the bid. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin standard terms and conditions when it is in the best interest of the State to do so.

2.5 MULTIPLE BIDS

Multiple bids from a vendor will be permitted if the vendor is submitting more than one manufacturer or model of equipment. Vendors that submit more than one bid must submit them separately and must clearly label them Bid #1, Bid #2, Bid #3, etc.

2.6 INCURRING COSTS

DOC is not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.7 QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT

All communication and/or questions regarding this RFB must be made by email and reference RFB # CS-6687 in the subject line. Emails should be directed to the Procurement Manager, Cynda Solberg: DOCProcurementManager@wisconsin.gov.

Bidders are expected to raise questions, exceptions, or requests for clarifications concerning the RFB document by January 25, 2018. 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 shall immediately notify the Procurement Manager, Cynda Solberg, 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 (including addendums and amendments), the updates or revisions will be posted on eSupplier.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB shall only be with Cynda Solberg, (DOCProcurementManager@wisconsin.gov.) Any other communication 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 may continue to communicate with the Contract Administrator(s) regarding the performance of that current contract(s) only.

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

2.8 VENDOR CONFERENCE

There will be a vendor conference February 1, 2018 at DOC Central Office, 3099 East Washington Avenue, Madison, WI, at 1:00 PM CST. Attendance of the vendor conference is optional, however it is highly encouraged. Vendors not able to attend in person can attend via conference call 1-877-810-9415, access code 4306738. Please RSVP to DOCProcurementManager@wi.gov by January 30, 2018 if you plan to attend.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 BID OPENING

Bids will be opened on February 28, 2018 as indicated on the Request for Bid Form (DOA-3070). Bids will be opened at DOC Central Office located at 3099 East Washington Avenue, Madison, WI 53704. Names of vendors will be read out loud at the bid opening.

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. DOC 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 DOC. DOC shall be the sole judge as to compliance with the instructions contained in this RFB.

3.3 BID REVIEW

Bids will be reviewed by the DOC Procurement Manager and the Contract Administrator to verify that all specified requirements have been met. Prior to award, DOC may consider results of past awards to the bidder by the State of Wisconsin.

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.

3.4 METHOD OF AWARD

An award shall be made on the basis of the total lowest price as indicated on the Cost Sheet (Attachment A) from a responsive and responsible bidder that meets all bid specifications and requirements. DOC will make awards to the second and third placed vendors that meet all of the bid requirements. Bids that state the DOC shall guarantee a specific quantity or dollar amount will be disqualified.

If for any reason the awarded vendor cannot fill DOC’s orders for equipment within the allotted contract time, DOC reserves the right to order from the second or third placed vendors.

3.5 MINORITY BUSINESS ENTERPRISE

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

3.6 DISABLED VETERAN-OWNED BUSINESSES

Bids from certified Disabled Veteran-Owned Business (DVB) may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). A DVB must be certified the 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.

4.0 TECHNICAL REQUIREMENTS

The following specifications are the minimum specifications of the products desired. The DOC will be the sole judge of acceptability.

4.1 BIDDER QUALIFICATIONS

The bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer. The bidder must have service and repair capabilities for the Live Scan system.

4.2 MAINTENANCE AND SUPPORT

The winning vendor must honor a standard one year warranty on all equipment and parts purchased under this contract. Bidders shall include all standard warranty documents with their bid response. It is imperative that machines remain in good operating condition at all times.

DOC requires proper maintenance and support of the equipment purchased. Support must be available Monday through Friday 7:45am to 4:30 pm, excluding holidays. Vendor must have qualified staff available to perform onsite repairs as needed. Onsite support must be available within one business day of the call for maintenance.

DOC is seeking costs for maintenance and support agreements as well as maintenance on a per call basis. DOC staff responsible for making the purchase of the machines will determine which if they will purchase the maintenance option as indicated in the vendor response in Attachment A- Cost sheet.

4.3 NEW PRODUCT

All items bid shall be manufacturer’s current production products, unless otherwise specified. All equipment bid must be new, unless otherwise specified.

4.4 EQUIPMENT SPECIFICATIONS

4.4.1 The vendor must supply all necessary equipment/ devices to make the live scan functional. This includes: desktops, laptops, scanners, connecting cables, printers, etc.

4.4.2 The system must be able to scan, capture, and send fingerprint images (standard 10 print, both rolled and slap) in a format compatible with the State of Wisconsin Department of Justice’s current AFIS (Automated Fingerprint Identification System) fingerprint repository vendor, Sagem Morpho.

4.4.3 The system must be FBI Appendix F-certified in compliance with AFIS (Automated Fingerprint Identification System) IQS (Image Quality Specifications) in effect at the time of bid submittal. Appropriate evidence of this certification shall be included within the bid response. See Attachments B and C, for additional information go to the DOJ website.

4.4.4 The system must create, transmit and store electronic fingerprint records according to the following standards:

· Data format for the Interchange of Fingerprint Information

· WSQ (Wavelet Scarlar Quantization) Gray-scale Fingerprint Image Compression Specification

· Electronic Fingerprint Transmission Specifications Wisconsin EFTS record format

· Wisconsin EFTS record format – see Attachment B

4.4.5 Each live scan unit must be able to access the DOJ fingerprint gateway via a DOC supplied VLAN connection to the internet. The vendor is responsible for any software interface required to send information from the live scan system to the DOJ store & forward system and must be compliant with the latest CJIS (Criminal Justice Information Security) specifications. – see Attachment C

4.4.6 Laptop live scan unit must be mobile and portable

4.4.7 Live scan units must have the ability to submit data in real time and in batch

4.4.8 Live scan units must have finger sequencing checking functionally

4.4.9 All units must have the ability to attach the optional add-on item of photographic capture software (mug shot capture)

4.4.10 All supplied desktop and laptop units must utilize the Windows 10 operating system

4.4.11 Desktop units must include a monitor with a screen size no smaller than 19” diagonal and the laptop unit must be in the range of 14”-15” diagonal

4.4.12 All units must be able to include the optional add-on item of an FBI approved 10-print card printer

4.4.13 The purchase price for the system must include a perpetual software license which permits DOC use of all included software for the life of the system

5.0 PERFORMANCE REQUIREMENTS

5.1 TIMELINESS OF DELIVERY

Delivery and installation shall be made with 30 calendar days of receipt of the order.

5.2 DELAYS IN DELIVERY AND/OR INSTALLATION

The contractor is required to notify the purchaser of any back order, discontinuation of equipment, or delays in shipping as soon as the issue is known. DOC may elect to go to the next awarded vendor if the delay is going to cause shipment to be more than 30 days.

6.0 PRICING

6.1

FIRM PRICES

Prices must remain firm for the first year of the contract.

6.2 PRICE INCREASE REQUESTS

Price changes will be considered after the first year of the contract. Price change requests shall be sent to the Contract Administrator and Contract Manager by email, no less than 60 days prior to the requested change for consideration. The Contractor must provide a reason/explanation to justify any price increases. DOC reserves the right to go to the next awarded vendor on the contract if the price change request results in a cost higher than the next vendor’s price on the contract 7.0

TERMS AND CONDITIONS

7.0 SUPPLEMENTAL TERMS

7.0 INVOICING / PAYMENT REQUIREMENTS

A.

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

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

DOC verifies invoiced amounts are correct as per the contract. Only properly submitted invoices will be processed for payment. Prompt payment requires that contractor invoices are 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

· Invoices must be sent to DMS BFAS, 3099 E Washington Ave, Madison WI 53707-7925 (DOCDLDMSBFASBusinessOfficeAdm@wisconsin.gov) or the address specified at the time the order is placed.

B. Scope of Contract

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

7 AFFIRMATIVE ACTION

All contracts of more than Fifty Thousand Dollars ($50,000) require the submission of a written Affirmative Action Plan or request exemption. Contractors with an annual workforce of less than fifty (50) employees are eligible for an exemption. Within fifteen (15) days after the award of the contract, the written Affirmative Action Plan, or statement requesting exception, shall be submitted to the Department’s Contract Compliance Office. Address the plan to:

Affirmative Action Manager/ Purchasing Services Department of Corrections

3099 E Washington Ave

PO BOX 7991

Madison Wi 53707-7991 Contractors are encouraged to contact DOC Purchasing at (608) 240-5571 for assistance.

"Affirmative Action Plan" is a written document that details an affirmative action program. Key parts of an affirmative action plan are: (1) a policy statement pledging nondiscrimination and affirmative action employment, (2) internal and external dissemination of the policy, (3) assignment of key employee as the equal opportunity officer, (4) a workforce analysis that identifies job classification where representation of women, minorities and the disabled is deficient, (5) goals and timetables that are specific and measurable and that are set to correct deficiencies and to reach a balance of work force, (6) revision of all employment practices to ensure that they do not have discriminatory effects, (7) establishment of internal monitoring and reporting systems to measure progress regularly.

Failure to comply with these requirements can lead to the bidder being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the Vendor Information Sheet provide the requested information. For additional information see Section 19.0 of the Standard Terms and Conditions.

7 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 http://www.dor.state.wi.us/html/vendlaw.html

7.4 TOBACCO-FREE ENVIRONMENT

All DOC Institutions are Tobacco-Free. Contractors are not to possess or use any tobacco product inside any DOC owned or leased property.

7 SECURITY, EMPLOYEE IDENTIFICATION AND CREDENTIAL REVIEW

All contractor employees, while working on DOC property, MUST wear a clearly displayed visitor badge. Contractor staff will need to furnish proper identification in the form of a valid Wisconsin or other State’s driver’s license before entrance into an institution.

Background checks are required for anyone entering an institution. The department requires that all contractors providing services in its facilities submit and pass criminal background and license/credential checks. History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service, or site. Background checks will be conducted and paid for by the institution, and records will be maintained on site, as well as copies of credentials and licenses.

Contractor staff must submit their full name, date of birth, and state ID at least 72 hours in advance of an institution visit. Criminal background checks must be successfully completed prior to entrance.

1 BACKGROUND CHECKS OF CONTRACTOR’S STAFF AND APPLICANTS

This section only applies to those staff entering DOC facilities.

1 The Contractor shall not employ a person who is on active probation, parole, extended supervision, lifetime supervision or an inmate who is supervised by Intensive Sanctions for any position where the primary duties and responsibilities involve contact or work with inmates OR involves access to inmates’ records or funds.

Contractor shall implement policies and procedures to ensure that job applicants and its staff shall be dealt with as follows:

1 For a job applicant who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of a particular job or licensed activity, the applicant will not be hired for that job;

1 For a staff member who has a pending criminal charge: Where the circumstances of said criminal charge substantially relate to the circumstances of the current job or required licensure, the staff member will not be retained in that particular job; and

1 For a job applicant who is convicted of a criminal offense or other offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of a particular job or required licensure, the applicant will not be hired for that job;

1 For a staff member who is convicted of a criminal offense: Where the circumstances of said conviction of a criminal or other offense that substantially relate to the circumstances of the current job or licensed activity, the staff member will not be retained in that particular job; and

1 For a job applicant who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or licensed activity, a job applicant will not be hired for that job;

1 For a staff member who is required to use an Ignition Interlock Device (IID): Where the circumstances of a court ordered requirement substantially relate to the circumstances of a particular job or required licensure, the staff member will not be retained in that particular job.

1 In compliance with the Prison Rape Elimination Act, the CONTRACTOR shall implement policies and procedures for its staff or job applicants who may have contact with inmates that include the following items. The DOC shall not enlist the facility-based services of any contractor or contractor staff who:

1 Has engaged in sexual abuse in a confinement facility;

1 Has been convicted of engaging or attempting to engage in nonconsensual sexual activity in the community; or

1 Has been civilly or administratively adjudicated to have engaged in activity described above. The Contractor shall consider incidents of sexual harassment when determining whether to assign anyone to that particular job. See 28 C.F.R. § 115.17 (applying to adult prisons and jails); 28 C.F.R. § 115.217 (applying to community confinement facilities); and 28 C.F.R. § 115.317 (applying to juvenile facilities).

1 In hiring and retention decisions, Contractor may consider records of pending criminal charges.

And convictions when it can be demonstrated that the circumstances of the criminal offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration the factors related to the position, the offense and the individual.

1 Nothing in this section prohibits the Contractor from reassigning the staff member or reassigning job duties from this contract, or making other hiring and retention decisions.

1 Contractor bears the sole responsibility of requesting, receiving, and reviewing current and prospective staff members’ criminal histories/background checks from the Wisconsin Department of Justice. Contractor shall have policies and procedures in place as to the frequency of background checks for existing staff and shall obtain and review criminal histories on all prospective staff. The Contractor’s policies shall be akin to applicable sections of DOC Executive Directive (ED) 42. Contractor shall provide the Contract Administrator with a copy of their policies. A copy of ED 42 may be obtained from the Contract Administrator. No DOC staff, agent, or other person shall, on behalf of the Department of Corrections, offer any legal advice or any advice as to the interpretation of criminal history information received by the Contractor.

1 To make determinations on substantial relationships to the circumstances of the job, Contractor must have a written policy on how to review the applicant for employment and the existing staff member. Contractor shall submit a copy of this policy to the Contract Administrator.

1 Contractor shall have a written policy on current staff’s reporting requirements, which details what a staff member must report (e.g. pertaining to a citation, arrest, charge, conviction) the timeframe in which s/he must do so, and the criteria used to determine how substantially the offense relates to the staff member’s job. The Contractor’s policy shall be akin to applicable sections of DOC Executive Directive 42. Contractor shall submit a copy of this policy to the Contract Administrator.

1 Contractor shall immediately notify the Contract Administrator via email upon discovery of any criminal charge pending or criminal conviction against the Contractor or the Contractor’s current staff.

1 Contractor shall verify compliance with this entire section and paragraphs above by filing a “Contractor Compliance Agreement” form (DOC-2818 - Exhibit 6) with the DOC every 12 months within 30 days of each contract year or date previously determined if already on file with DOC Purchasing Services.

7.7 Fraternization

The Contractor agrees to have a written policy on fraternization which includes the following:

7 Prohibiting the forming of improper relationships between Contractor's employees and offenders. This shall also be substantially equivalent to DOC's policy as expressed in Executive Directive 16, May 1991 - Revised January 1997, Further Revised August 2004. A copy of Executive Directive 16 may be obtained from the Contract Administrator.

7 The policy shall provide for the following definitions:

a. Employee- definition shall be consistent with DOC’s definition of employee

b. Relationships

c. Offender

7 A statement detailing prohibited relationships

7 The duty of an employee to inform Contractor of unplanned contacts with offenders

7 A statement that Contractor-directed contacts or those which are part of the employee's job duties are exempt from the policy

7 An exception procedure/policy and approval process to be carried out by Contractor

7 Prohibiting Contractor’s employees from engaging in any sexual contact or sexual intercourse with offenders under the custody and control of the Department of Corrections. The policy must be substantially equivalent to the Department of Corrections’ policy as expressed in Executive Directive 16-A, August 2006. A copy of Executive Directive 16-A may also be obtained from the Contractor Administrator.

7 A provision requiring a signed standard employee statement is kept in the personnel file for every contractor employee. The statement attests that the employee has read and received a copy of the Contractor's policy on fraternization.

7 DOC may request copies of or to inspect the original signed employee statements of a Contractor upon request.

7 PRISON RAPE ELIMINATION ACT (PREA)

7 All CONTRACTOR staff shall prevent, detect and respond to sexual abuse and sexual harassment in accordance with the Federal Prison Rape Elimination Act of 2003 and the DOC’s Executive Directive 72 [Sexual Abuse and Sexual Harassment in Confinement (PREA)].

7 The DOC shall provide training to the CONTRACTOR staff, in accordance with the type of service and level of contact they have with offenders or juveniles, on the DOC’s zero-tolerance policy as it relates to the sexual abuse and sexual harassment. The DOC shall, additionally, provide training to the CONTRACTOR on their responsibilities under DOC’s sexual abuse and sexual harassment prevention, detection and response policies and procedures. The CONTRACTOR staff shall acknowledge and certify to the DOC through signature or electronic verification that they understand the training they received. See 28 C.F.R. §§ 115.32 and 115.332.

7 If the CONTRACTOR staff is the first to respond to an allegation of sexual abuse, the responder shall request that the alleged victim not take any actions that could destroy physical evidence, and then notify DOC security staff. See 28 C.F.R. §§ 115.64 and 115.364.

7 The CONTRACTOR staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or Contractor staff who reported such an incident; and/or any Contractor staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The CONTRACTOR staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness(es) and/or reporter. In those instances the CONTRACTOR staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5113. See 28 C.F.R. §§ 115.61 and 115.361.

7 The CONTRACTOR staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R. §§ 115.61 and 115.361.

7 The CONTRACTOR staff shall not reveal any information related to a sexual abuse or sexual harassment report to anyone other than to the DOC supervisor, investigators and designated officials. Such information shall be limited to information necessary to make treatment, investigation and other security and management decisions. Medical and mental health practitioners shall be required to report sexual abuse and to inform offenders or juveniles of the practitioner’s duty to report, and the limitations of confidentiality, at the initiation of services. See 28 C.F.R. §§ 115.61 and 115.361.

7 If the DOC has reason to believe that a sexual abuse or sexual harassment incident as defined by PREA has occurred or to ensure compliance with PREA standards, it shall have immediate access to the relevant CONTRACTOR records as defined by DOC.

7 If a CONTRACTOR staff is the alleged perpetrator of sexual abuse, the CONTRACTOR and/or DOC shall immediately remove that individual from any position that has offender or juvenile contact within DOC-funded operations pending an investigation. The individual may not return to any position that has offender or juvenile contact within DOC-funded operations until DOC has reviewed investigation materials and authorized return to work. A CONTRACTOR staff who engages in sexual abuse shall be prohibited from contact with offenders and juveniles; they shall be reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies. In the case of any other violation of DOC sexual abuse or sexual harassment policy by a CONTRACTOR staff, DOC shall take appropriate remedial measures, and shall consider whether to prohibit the CONTRACTOR staff’s further contact with offenders or juveniles. See 28 C.F.R. §§ 115.77 and 115.377.

7 Contractor Major Structural Change The Contractor is required to provide the Department with a minimum of 120 days written advance notice of any planned or potential structural change (merger, buyout, acquisition, consolidation, etc.) Contract may not be automatically assigned to the new entity (since the underlying procurement may be affected.)

7 CARRYING A CONCEALED WEAPON

7 Contractor agrees to have a written policy addressing the concealed carry law which prohibits the possession of any weapon by Contractor's employees while providing services to DOC offenders. The policy must be substantially equivalent to the Department of Corrections' policy as expressed in Executive directive 80, signed October 31, 2011. A copy of Executive Directive 80 may be obtained from the Contract Administrator.

7.10.2 Contractor must maintain a copy of the signed employee statement on concealed carry in each employee's personnel file.

8.0 STANDARD TERMS AND CONDITIONS, REQUIRED FORMS

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the successful vendor to accept these obligations in a contractual agreement may result in cancellation of the award.

Standard Terms and Conditions (Requests for Bids/Proposals) (DOA-3054)

· ST&C (DOA-3054)

Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)

· ST&C for Procurements for Services (DOA-3681) Required Forms:

· Request for Bid Form (DOA-3261) - cover sheet (first page of RFB)-Signed and dated

· Vendor Information (DOA-3477)

· Wisconsin's Cooperative Purchasing Services (DOA-3333)

· Cost Sheet (Attachment A)