6879 RFB RPh Staff.doc

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO:

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

EDWARD BRADLEY/PURCHASING SERVICES

DEPARTMENT OF CORRECTIONS

3099 E WASHINGTON AVENUE

P.O. BOX 7991

MADISON WI 53707-7991

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 the 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

BIDDER (Name and Address)

Bids MUST be in this office no later thanfillin "Date and time"

September 10, 2018 2:00 PM CT

Name (Contact for further information)fillin "Contact Person"

Edward Bradley

fillin "Date"

Quote Price and Delivery FOBfillin "F.O.B /Destination"

Item

No.

Quantity and Unit

Per Hour

The Department of Corrections, Bureau of Health Services, is requesting bids for the temporary placement of pharmacists and pharmacy technicians, per attached terms, conditions and specifications.

Bids are to include travel costs, insurance costs, fringe benefits, and wages.

This page must be completed and signed.

We claim minority 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 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 Disabled Veteran Owned Businesses. 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) 266-5462.

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.

Unknown No Yes

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 RFB and all terms of our bid.

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

STATE OF WISCONSIN

RFB # ELB-6879

FOR: Staffing Services for Pharmacy

TABLE OF CONTENTS

Pages

DEFINITIONS

1.0

INTRODUCTION, PURPOSE, AND SCOPE

2.0

BID PROCEDURE AND INSTRUCTIONS

3.0

BID ACCEPTANCE, EVALUATION AND AWARD

4.0

TECHNICAL REQUIREMENTS

5.0

PERFORMANCE REQUIREMENTS

6.0

PRICING

7.0

SPECIAL CONDITIONS OF BID

8.0

STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS

9.0

REQUIRED FORMS AND ATTACHMENTS

ATTACHMENTS:

· Standard Terms and Conditions

· Supplemental Standard Terms and Conditions for Procurement of Services

· Vendor Information

· Vendor Reference

· Vender Agreement-Wisconsin’s Cooperative Purchasing Service

· Job Duties for Pharmacist

· Job Duties for Pharmacy Technician

· Mandatory Requirements Checklist

DEFINITIONS:

The following definitions are used throughout the bid:

MBE

Business Minority Enterprise

1.0

INTRODUCTION, PURPOSE, AND SCOPE

1.1

PURPOSE OF THIS RFB

The Department of Corrections, hereinafter referred to as the "DOC", through its Purchasing Services Section, hereinafter referred to as "Purchasing," on behalf of Bureau of Health Services, hereinafter referred to as "BHS," requests bids for the purchase of staffing services for the pharmacy including pharmacists and pharmacy technicians.

The scope of this bid is to provide temporary, as needed, pharmacy professionals to cover vacant DOC staff positions in the DOC Pharmacy located in Waupun, WI. The staffing positions included in this procurement are pharmacists, certified pharmacy technicians and non-certified pharmacy technicians. BHS Central Pharmacy has a total allocation of approximately 50 FTE positions with the following breakdown of staff: Pharmacists 20 FTEs (8.5 permanent and 11.5 agency) and Pharmacy Technicians 27.5 FTEs (10 permanent, 10.5 LTE, 7 agency). The pharmacy dispenses approximately 800,000 medication scripts per year.

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

1.2

CONTRACT TERM

The contract term will be for two years, with options to renew the contract for three 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. These are not automatic renewals. Contracts will be reviewed by the DOC before a decision is made. Any renewal(s) must be authorized by mutual written agreement of the Contractor and DOC.

If an incumbent Contractor is not awarded the next contract, it is expected the incumbent Contractor will work with DOC on a month to month basis to make a smooth transition to the new Contractor. Failure to work cooperatively with DOC may jeopardize the incumbent’s ability to participate in future solicitations.

1.3 Executed contract to constitute entire agreement 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 contractor 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 any conflicts or disputes between the parties about the meaning of any part of the contract, the following priority of documents will be used to resolve the conflict or dispute:

State of Wisconsin Standard Terms and Conditions Final Signed Contract including any attachments or amendments Official State of Wisconsin Purchase Order

Bidder’s written bid document

State of Wisconsin RFB, including any amendments;

Other exhibits/attachments Successful bidder(s) should retain a copy of this DOC RFB document and their own response to the RFB solicitation, as it becomes part of the awarded contract.

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 completed services rendered under the contract.

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

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 DOC’s information that is considered to be confidential information; or

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

1.4.4 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 Sec. 77.66, Wis. Stats.;

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, Wis. Stats. (Wisconsin’s Fair Employment Law); or

e. Becomes a state or federally debarred Contractor.

1.5 eSUPPLIER registration 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 may register for a bidders list for any commodity and/or service the Bidder 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

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/vendor conference are needed, contact Edward Bradley via telephone at 608-240-5572 or email at Edward.Bradley@wisconsin.gov 2.2

BID SUBMITTAL

Bidders 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 September 10, 2018 2:00 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

Edward Bradley/Purchasing Services Section

Edward Bradley/Purchasing Services Section

DEPARTMENT OF CORRECTIONS

DEPARTMENT OF CORRECTIONS

PO BOX 7991

3099 EAST WASHINGTON AVENUE

MADISON, WI 53707-7991

MADISON, WI 53704-4338

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

Mailed or hand delivered bids shall include:

· One original, marked as such, in a sealed envelope clearly marked with:

The bidders name and address

RFB Title: Pharmacy Staffing Services RFB Number: ELB-6879 RFB Due Date: September 10, 2018 2:00 PM

· An electronic copy (on a USB thumb drive or flash drive) of the bid response (in Microsoft Word or Adobe format).

· 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:

· Pharmacy Staffing Services

· ELB-6879

· September 10,2018 2:00 PM

· The email submittal shall contain one electronic copy of the bid response. NOTE: Any information deemed confidential on the DOA-3027 form shall be attached as a separate electronic document with “Confidential” appearing first in the subject line.

· 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, RFB 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 Bidder should contact the Procurement Manager to report the issue.

eSupplier Portal Submittal:

Bidders electing to submit bids 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.

Faxed:

Faxed bids are NOT accepted.

2.3

CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFB must be completed. 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 7, 2018

RFB posting date

August 17, 2018 Last day for submitting written questions

August 21, 2018 Answers to questions posted on VendorNet (estimated) September 10, 2018

Bids due from vendors

September 24, 2018

Award date (estimated) November 1, 2018

Contract Start date (estimated)

2.4 FORMAT OF BID

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

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

Include here the signed RFB form included with the bid and those other documents required for submission that are specific to this RFB. By signing the RFB form, the Bidder is stipulating that their bid submitted is predicated upon the terms and conditions of this RFB and any amendment(s) thereof. Bids submitted in response to this RFB must be signed by the person in the vendor’s organization responsible for the pricing decision or by a person authorized agent.

2.4.2 COST SUBMITTAL INFORMATION

Bidders must submit prices on the RFB form (DOA-3070), with the cost per hour for each line item bid on. The hourly rate must include all costs to furnish the pharmacy staffing services in accordance with the terms and conditions of this RFB. Bidders may fill in one, two or three line item positions.

2.4.3 VENDOR INFORMATION, Form DOA-3477

Provide Vendor Company contact information as requested on the form.

2.4.4 WISCONSIN’S 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.

2.4.5 VENDOR REFERENCE, Form DOA-3478

Complete the Vendor Reference form with four references for which you have provided this service. Include the company name, address, and contact person and telephone number along with a brief description of the service.

2.4.6 State of Wisconsin Terms and ConditionS

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 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 proposal. 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 MANDATORY BIDDERS CHECKLIST

Bidders must complete the Bidder Checklist, Attachment 3, included in this RFB. This form must be completed by check marking each item Yes or No and signing the bottom of the form. By marking these boxes, the Bidder is acknowledging the ability to meet and comply with specifications.

Failure to meet a mandatory requirement shall disqualify the bid

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, refer to RFB # ELB-6879 and be directed to the Procurement Manager, Edward Bradley: DOCProcurementManager@wisconsin.gov.

Bidders are expected to raise questions, exceptions, or additions concerning the RFB document by August 17, 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 must immediately notify the Procurement Manager and request modification or clarification of the RFB document.

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

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 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.

3.0

BID ACCEPTANCE, EVALUATION AND AWARD

3.1

BID OPENING

Bids will be opened on the date and time indicated on the RFB Form (DOA-3070) at 3099 East Washington Avenue, Madison, WI 53704 Purchasing Services Section room. Names of the Bidders shall be read aloud at that time.

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.

3.3

BID REVIEW

Bids will be reviewed by the DOC's Procurement Manager and program managers 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.

3.4

METHOD OF AWARD

Awards will be made by line item for each of the three requested positions, Pharmacist, Certified and non-certified Pharmacy Technician. Therefore there may be multiple awards based on the best pricing. First, second and third place awards will be made based on the lowest priced, responsive and responsible bidder for each line item.

Each bidder is expected to have a sufficient number of candidates to fulfill the requirements outlined in Section 1.1.

3.5

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.

3.6

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). 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.

3.7

NOTIFICATION OF INTENT TO AWARD

Any Bidders that respond to this RFB, will be notified in writing of the State’s intent to award the contract(s).

After intent to award is issued, copies of bids will be available during business days for public inspection 9:30 a.m. to 3:00 p.m. at 3099 East Washington Avenue, Madison, WI 53704. Vendors shall schedule reviews in advance with Edward Bradley, Procurement Manager.

3.8

APPEALS PROCESS

The appeals procedure applies to only those RFBs for services that are over $50,000. Notice of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and shall identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The written notice of intent to protest the Intent to Award a Contract must be filed with:

Cathy A. Jess, Secretary Department of Corrections

PO Box 7925

Madison WI 53707-7925

And be received in the office above within five (5) working days after the notice of intent to award is issued. The written protest must be received in the office above within ten (10) working days after the notice of intent to award is issued.

Copies of the notice of intent to protest and the written protest should be sent to the Purchasing Section Chief at the same address.

The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency, and provided the appeal alleges a violation of statute or a provision of a Wisconsin Administrative Code.

ELLEN NOWAK, Secretary

Wisconsin Department of Administration

PO Box 7864

Madison, WI 53703-7864

A copy of the Appeal should also be filed with Cathy A. Jess, Secretary of Department of Corrections.

4.0

TECHNICAL SPECIFICATIONS

4.1

BIDDER EXPERIENCE

· Bidder shall have experience providing pharmacy staffing services within the last 2 years and provide documentation with the bid response to support the 2 year experience requirement. This may include a client list or documentation of Pharmacist placement within the state or public sector.

· Bidder shall be located in the United States.

· The bidder shall provide candidates for staffing to work at the DOC Central Pharmacy located in Waupun WI.

4.2

PHARMACIST QUALIFICATIONS

· Pharmacists shall be licensed to practice in the State of Wisconsin by the Department of Safety and Professional Services.

· Licensed Pharmacists’ shall have no restrictions and no violations in the last 5 years.

4.3

PHARMACIST JOB EXPECTATIONS

· Provide consultation and appropriate notices to DOC Physicians and other healthcare professionals;

· Pharmacists shall maintain records on drugs dispensed, registers and inventories on supply and controlled substances;

· Interpret and review medication orders for appropriate quantity, strength and frequency of order and assure clinical, chemical, and therapeutic compatibility with other drugs;

· Compound and mix pharmaceuticals;

· Prepare parental admixtures and sterile solutions;

· Perform related quality control procedures;

· Oversee the work of the pharmacy technicians;

· Establish and maintain effective working relationships with all DOC personnel.

· Pharmacist job duties as described in Attachment 1.

· Pharmacists shall be available to work at the DOC Central Pharmacy.

4.4

CERTIFIED PHARMACY TECHNICIAN QUALIFICATIONS

· Certified Pharmacy Technicians (CPhT) shall be licensed

· Perform all duties of a Pharmacy Technician as described in Attachment 2.

4.4

NON-CERTIFIED PHARMACY TECHNICIAN QUALIFICATIONS

· Perform all duties of a Pharmacy Technician as described in Attachment 2.

4.5

HOURS OF SERVICE

Contracted staff shall provide services for up to eight hours per day, Monday through Friday, between the hours of 6:00AM to 6:00PM. Contracted staff will be required to take an unpaid 30 minute lunch break if they work more than six hours per day. Contracted staff shall not flex their working hours without DOC approval by the Pharmacy Director or designee.

4.6

HOLIDAY SCHEDULE

DOC will not require contracted staff to work on official State holidays (New Year’s Day, Martin Luther King Jr. Day, Memorial Day, and July 4th, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Eve Day).

5.0 PERFORMANCE REQUIREMENTS

5.1 STAFF PERFORMANCE

The Contractor shall ensure that pharmacists and pharmacy technicians have the required skills, licensure, certifications, training, and remain in good standing with all continued education requirements completed. The DOC retains the right to reject a candidate or require the reassignment of an employee or employees, as the Department 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.

The Contractor shall ensure that all pharmacy staff have reviewed, completed and submitted “Acknowledgement” the following policies prior to the start date of contracted staff:

Read ED-16, Fraternization

Read ED-35, Confidentiality of Offender Health Records

Read ED-80, Carrying a Concealed Weapon Contractor Receipt Acknowledgement Form

Note: BHS will provide the Contractor with all required documents and forms.

5.2 SERVICE DELIVERY REQUIREMENTS

5.2.1 The Contractor shall be prepared to begin delivering services on anticipated contract start date of November 1, 2018.

5.2.2 When a vacancy occurs, DOC will contact the first place vendor. If that vendor is not able to fill the position within 10 business days, the second place vendor will be contacted and then the third place vendor.

5.2.3 Contractors shall fill any vacancy within 10 business days of notification of a vacancy unless otherwise authorized by DOC Contract Administrator. Contractor’s inability to provide services may result in cancellation of contract. Refer to RFB Section 1.4, Cancellation and Termination.

5.2.4 If Contractor is aware of a future vacancy or reassignment of one of its staff, the DOC Contract Administrator must be informed within 30 days of the anticipated vacancy or as soon as Contractor is notified.

6.0 pricing

6.1

FIRM PRICES

Prices must remain firm for the initial 2 year term of the contract.

6.2

PRICE INCREASE REQUESTS

Price increase requests proposed after the initial Contract term of 2 years must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases. If DOC deems cost increases are not acceptable, it reserves the right to deny the request. Any price increase requested that is not submitted within 60 calendar days prior to the contract renewal date may be rejected.

7.0

SPECIAL CONDITIONS OF BID

7.1

INSURANCE REQUIREMENTS AND INFORMATION

For the resulting contract, the Contractor shall maintain the following insurance coverage:

a.

Worker's compensation insurance, as required under Chapter 102 of the Wisconsin Statutes, for all of the Contractor’s employees engaged in the work performed under this Contract; and,

b. Commercial liability, bodily injury and property damage insurance against any claim(s) that may occur in carrying out the terms of this Contract, with a minimum coverage of one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations; and,

c. Professional Liability (malpractice) in the amount of $1,000,000 for an event and $3,000,000 in aggregate.

Prior to the start of the contract, the Contractor must submit a Certificate of Insurance to Procurement Manager, or the Contractor must already have a current, acceptable Certificate of Insurance on file with DOC Purchasing Services. The Certificate of Insurance must list the “State of Wisconsin, Department of Corrections, its officers, employees and agents” as an additional insured under the commercial general, automobile and professional liability policies.

7.2

INVOICING / PAYMENT REQUIREMENTS

Bidder must agree that all invoices reflect the services and prices established on this contract.

The DOC must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is made, DOC also must verify that all invoiced prices are correct as per this Contract. All invoices must include:

· Vendor name

· Remit to address

· Purchase order number

· Contractor time sheet and hours worked per week signed by the responsible DOC manager

· Dates of service

· Prices per the contract Bidder may elect to terms of a 2% discount for payment made within 10 days of receipt of an invoice by DOC. The bidder may also elect to receive ACH payments. * If the bidder does not accept 2%, the bidder will be paid in 30 days.

All invoices with the time sheets must be emailed to DOCDAICentralBusinessOffice@wisconsin.gov.

7.3 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 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 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 this office at (608) 240-5571, for technical assistance on equal opportunity.

"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 appropriately with these requirements can lead to 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. For additional information see Section 19.0 of the Standard Terms and Conditions.

7.4 TOBACCO-FREE ENVIRONMENT

All DOC Institutions are Tobacco-Free. Contractors are not to possess or use any tobacco product inside an institution.

7.5 SECURITY AND CREDENTIAL REVIEW

The department requires that all bidders and 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

7.6 Access to DOC InstitutionS

Execution of this contract requires access/entrance into DOC secure facilities. All contractor staff will be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following will apply:

· Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives and razor knives, unless a part of an inventoried tool box). Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security, however illegal items may not be returned.

· Contractor staff walking in may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

7.7 Employee Identification

All contractors’ employees, while working on DOC property, will be issued a contractor ID. Contractor employees must wear this identification badge at all times.

7.8 Confidentiality

The confidentiality of offender health information is protected by the federal Health Insurance Portability and Accountability Act (HIPAA) regulations (45 CFR, parts 160 & 164), federal Alcohol and Other Drug Abuse Patient Information regulations (42 CFR part 2), and by various Wisconsin laws governing the confidentiality of medical, mental health, developmental disability, and alcohol and drug information. In addition, the department considers all personally identifiable information relating to DOC employees or offenders to be confidential, and such data is not to be released unless contractor receives written approval from DOC.

7.9 Employment Of Current Offenders And Employment And Retention Of Individuals Arrested, Charged Or Convicted of Criminal OffenseS 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;

2. 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

3. 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;

4. 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

5. 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;

6. 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.

7.10 FRATERNIZATION

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

1. Prohibiting the forming of improper relationships between Contractor's employees and offenders. This must 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.

2. The policy shall provide for the following definitions:

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

b. Relationships

c. Offender

3. A statement detailing prohibited relationships

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

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

6. 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.

8. 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.

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

7.11 Contractor Major Structural Change

The Contractor is required to provide the Department with a minimum of 90 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).

7.12

PRISON RAPE ELIMINATION ACT (PREA)

1. 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)].

2. 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.

3. 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.

4. 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)240-5000. See 28 C.F.R. §§ 115.61 and 115.361.

5. 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.

6. 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.

8. 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.

7.13

CARRYING A CONCEALED WEAPON

Contractor is prohibited under Executive Directive 80, signed October 31, 2011 from possession of any weapon by Contractor's employees while providing services to DOC offenders.

Contractor will prohibit firearms/weapons in any owned, leased/rented, or available location in which program services are provided for DOC. Signs shall be posted at every public entrance. Each sign must be at least five inches by seven inches state the restriction on carrying a firearm, and inform people that weapons or firearms are prohibited. Sample signage will be available through the Contract Administrator.

8.0

STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS

The Standard Terms and Conditions (DOA-3054, R08/2016) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681, R01/2017) are made part of this RFB. The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions, DOA-3054). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award.

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

· Standard Terms and Conditions (DOA-3054)

· Supplemental Standard Terms & Conditions (DOA-3681)

9.0 REQUIRED FORMS AND ATTACHMENTS

The following forms, attachments, and additional required information must be completed and submitted with the bid response. Please include the forms in front of your bid response.

· FORMS:

RFB Form (DOA-3070) – RFB cover sheet

Vendor Agreement - Cooperative Purchasing (DOA-3333) Vendor Information (DOA-3477) Vendor Reference (DOA-3478) Attachment 1 Pharmacist Job Duties Attachment 2 Pharmacy Technician Job Duties Attachment 3 Mandatory Requirements