7468 Request For Bid Document.docx
DOCX document 2 MB Posted
- Attached to
- Polygraph Examination Services
- Contract number
- 410036-M22-CJO7468-RFB-01
- Issued by
- Wisconsin
About this file
This is a Request for Bid (RFB) document issued by the Wisconsin Department of Corrections (DOC), Division of Community Corrections (DCC), soliciting polygraph examination services for sex offenders under state supervision. The procurement, designated as RFB CJO-7468, was issued on November 9, 2021, with responses due December 8, 2021, and is managed by Procurement Manager Charlene Orsted. The contract may be available to other Wisconsin municipalities through cooperative purchasing agreements under state statutes, allowing counties, cities, villages, towns, school districts, and other public bodies to utilize the awarded contract at the same rates negotiated by the DOC.
The RFB seeks a single statewide contract for clinical polygraph examination services for approximately 1,000 registered sex offenders annually at Division of Community Corrections offices throughout Wisconsin. Services include various types of polygraph examinations (sex history, instant offense, maintenance, and monitoring), with each exam requiring a minimum of 90 minutes including pre-test, in-test, and post-test phases. The initial contract term is two years with options for two additional two-year renewal periods, plus potential month-to-month extensions up to one year for transition purposes. Bidders must provide comprehensive services including document review, consultation, examination administration, video recording, reporting within 24-48 hours, and court testimony when required. The contract requires examiners to have specific qualifications including APA-accredited training, 100+ criminal examinations and 50+ sex offender examinations within the last three years, and maintenance of professional association membership. Award will be made to the lowest responsive, responsible bidder meeting all specifications, with no guaranteed minimum purchase amounts.
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Other files
| File | Type | Posted |
|---|---|---|
| 7468 FY22 Contract Announcement.doc | DOC document | |
| Attachment 6 DCC Map.docx | DOCX document | |
| DOA-3054StandardTermsandConditionsRFB-RFP.doc | DOC document | |
| 7468 FY24 Contract Announcement.doc | DOC document | |
| Attachment 3 Unit Service Monthly Report.docx | DOCX document | |
| Attachment 4 DOC Rider.docx | DOCX document | |
| DOC-2818_Contractor_Compliance_Agreement.pdf | ||
| Addendum 1.doc.pdf | ||
| Attachment 5 DOC-1336 Referral to Purchase Offender Services.pdf | ||
| Attachment_2_Price_Sheet.pdf | ||
| DOA-3681SupplementalStandardTermsandConditions.doc | DOC document |
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Text version
REQUEST FOR BID
POLYGRAPH EXAMINATION SERVICES
RFB CJO-7468
Issued: November 9, 2021 Responses Due: December 8, 2021 3:00 pm CST
| Procurement Manager: | Charlene Orsted | |
| Department of Corrections | ||
| 3099 East Washington Avenue | ||
| Madison, WI 53704 |
TABLE OF CONTENTS
| 1.0 | INTRODUCTION AND PURPOSE | 4 |
| 1.1 | DEFINITIONS | 4 |
| 1.2 | PURPOSE AND SCOPE OF THE REQUEST FOR BID | 6 |
| 1.2.1 | PURPOSE OF THIS REQUEST FOR BID | 6 |
| 1.2.2 | PROGRAM DESCRIPTION | 6 |
| 1.2.3 | PROGRAM GOALS | 7 |
| 1.2.4 | TARGET POPULATION | 7 |
| 1.3 | CONTRACT TERM | 7 |
| 1.4 | MODIFICATIONS OF CONTRACT | 7 |
| 1.5 | ORDER OF PRECEDENCE | 8 |
| 1.6 | COOPERATIVE PURCHASING SERVICES | 8 |
| 1.7 | RESPONDING TO BID REQUIREMENTS | 8 |
| 2.0 | BIDDER QUALIFICATIONS AND REQUIREMENTS | 9 |
| 3.0 | MANDATORY SPECIFICATIONS | 9 |
| 3.1 | EXAMINER QUALIFICATIONS AND EXPERIENCE | 9 |
| 3.2 | EXAMINER TRAINING AND CONTINUING EDUCATION REQUIREMENTS | 10 |
| 3.3 | EXAMINER RESPONSIBILITIES | 11 |
| 3.4 | TECHNICAL SPECIFICATIONS | 11 |
| 3.5 | PERFORMANCE AND SUPPORT SPECIFICATIONS | 11 |
| 3.6 | REPORTING REQUIREMENTS | 12 |
| 3.6.1 | Reporting on Individual Offenders | 12 |
| 3.6.2 | Program Reporting | 13 |
| 4.0 | SPECIAL TERMS AND CONDITIONS OF BID | 13 |
| 4.1 | EXECUTING SERVICES OR PURCHASE ORDERS | 13 |
| 4.2 | BACKGROUND CHECKS | 13 |
| 4.3 | AUDITING | 14 |
| 4.4 | TOBACCO-FREE ENVIRONMENT | 14 |
| 4.5 | FRATERNIZATION AND OTHER DOC POLICIES | 14 |
| 4.6 | PAYMENT TERMS | 14 |
| 4.7 | INVOICING | 14 |
| 4.8 | INSURANCE AND CERTIFICATES OF INSURANCE | 15 |
| 4.8.1 | Insurance Requirements | 15 |
| 4.8.2 | Certificates of Insurance | 15 |
| 4.8.3 | Insurance Policy Inspection | 16 |
| 4.9 | ACCESS TO DOC FACILITIES | 16 |
| 4.10 | TERMINATION FOR CAUSE | 16 |
| 4.11 | TERMINATION FOR CONVENIENCE | 16 |
| 4.12 | CONTRACT CANCELLATION | 17 |
| 5.0 | PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS | 17 |
| 5.1 | METHOD OF BID | 17 |
| 5.2 | PRICE SHEET INSTRUCTIONS | 17 |
| 5.3 | REQUESTING PRICE ADJUSTMENTS | 18 |
| 6.0 | BID PROCEDURE AND INSTRUCTIONS | 18 |
| 6.1 | CALENDAR OF EVENTS | 18 |
| 6.2 | CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS | 18 |
| 6.3 | REASONABLE ACCOMMODATIONS | 19 |
| 6.4 | WISCONSIN eSUPPLIER PORTAL REGISTRATION | 19 |
| 6.5 | SUBMITTING A BID | 20 |
| 6.5.1 | Wisconsin eSUPPLIER Portal Submittal (STRONGLY PREFERRED) | 20 |
| 6.5.2 | Mailed or Hand Delivered Bid Submittal | 20 |
| 6.6 | FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS | 21 |
| 6.6.1 | Bidder Required Form: | 21 |
| 6.6.2 | State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): | 22 |
| 6.6.3 | Additional Required Information and Additional Information: | 22 |
| 6.6.4 | Price Information: | 22 |
| 6.6.5 | Bid Response Qualifications and Requirements: | 22 |
| 6.6.6 | Contractor Compliance Agreement: | 22 |
| 6.7 | INCURRING COSTS | 22 |
| 7.0 | BID ACCEPTANCE AND AWARD | 22 |
| 7.1 | BID OPENING | 22 |
| 7.2 | BID REVIEW | 23 |
| 7.3 | BID ACCEPTANCE | 23 |
| 7.4 | METHOD OF AWARD | 23 |
| 7.5 | PROTEST AND APPEALS PROCESS | 23 |
| 7.5.1 | Protests | 23 |
| 7.5.2 | Appeals | 23 |
| 7.6 | BIDDER REFERENCES | 24 |
| 7.7 | USE OF SUBCONTRACTORS | 24 |
| 7.8 | SUPPLIER DIVERSITY | 24 |
| 7.8.1 | MINORITY-OWNED BUSINESS ENTERPRISE | 24 |
| 7.8.2 | VETERAN-OWNED BUSINESS | 25 |
| 7.8.3 | DISABLED VETERAN-OWNED BUSINESS | 25 |
| 7.8.4 | WOMAN-OWNED BUSINESS ENTERPRISE | 25 |
| 7.9 | NOTIFICATION OF INTENT TO AWARD | 26 |
| 8.0 | REQUIRED MATERIALS | 26 |
INTRODUCTION AND PURPOSE
DEFINITIONS
For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.
| Agency |
| An office, department, Agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority. |
| Agent of Record (AOR) |
| The probation and parole agent assigned to supervise an offender under community supervision. |
| ARO |
| After Receipt of Order |
| Authorized User |
| State agencies, political subdivisions, and municipalities authorized by state statutes to use state contracts |
| Bid |
| A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed. |
| Bidder |
| A person or firm that responds to this Request for Bid |
| Client |
| Person under DOC supervision |
| Contract |
| The final version of any contractually binding agreement between the State and the Contractor relating to the subject matter of this RFB; references to the Contract include all exhibits, attachments and other documents attached thereto or incorporated therein by reference |
| Contract Administrator |
| The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract. |
| Contract Manager |
| The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination. |
| Contractor |
| The person or entity awarded a Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual Services, or leasing real property to the DOC. |
| Contractor Staff |
| Includes all Contractor employees, interns, subcontractors, temporary employees, independent contractors, and volunteers |
| Cooperative Purchasing |
| Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. |
| Correctional Client |
| An individual who is under the supervision of the DOC. Within this RFB, unless otherwise indicated, the terms sex offender and correctional client are used interchangeably. |
| DCC |
| Division of Community Corrections |
| Disabled Veteran-Owned Business (DVB) |
| A business that has been certified by the Department of Administration under Wis. Stat. §16.283 |
| DMS |
| Division of Management Services |
| DOC |
| Department of Corrections, Procuring Agency for this bid |
| DOC Rider |
| Additional contractual requirements specific to the Department of Corrections |
| DOC Staff |
| Includes all employees, interns, temporary employees and volunteers |
| Examinee |
| Correctional Client referred for a polygraph exam by DOC |
| Minority-Owned Business Enterprise (MBE) |
| A business that has been certified by the Department of Administration under Wis. Stat. §16.287 |
| Municipality |
| Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (Wis. Stat §16.70(8)). |
| Notice of Intent to Award |
| A writing issued by the DOC notifying all Bidders of the DOC's intent to award a Service Contract to the successful Bidder(s), or in the case of Services, the DOC's intent to award a Contract to the successful Bidder(s). |
| Procurement Manager |
| The individual responsible for overseeing and administering the procurement process for a Bid. |
| Responsible |
| A Bidder who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFB. |
| Responsive |
| A bid that conforms in all material respects to the requirements set forth in the RFB. |
| RFB |
| Request for Bid |
| Services or Contractual Services |
| Includes actions, assessments, treatments, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related materials necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB. |
| Sex Offender |
| An individual with a current or past sexual or sexually related offense conviction or adjudication, a read-in sexually related case, a pending sexually-related case, or an individual who has a sex offender treatment need as established by Psychological Services assessment and is required to register under Wis. Stats. 301.45(1). |
| Specification |
| A descriptive statement of the physical, functional and performance characteristics of the Service or commodity required by the DOC. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement". |
| State Holidays |
| January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24, 25 and 31 (as observed) |
| Units of Service |
| May be an exam or hour of service as defined on bid Price Sheet |
| USPS |
| United States Postal Service |
PURPOSE AND SCOPE OF THE REQUEST FOR BID
PURPOSE OF THIS REQUEST FOR BID
The Department of Corrections (DOC), on behalf of the Division of Community Corrections (DCC), requests Bids for the purchase of Polygraph Examination Services. DOC intends to use the results of this process to award a single Contract for statewide polygraph examination services. The DOC does not guarantee it will purchase any specific quantity or dollar amount. There will be no guarantee to pay any minimum Contract price during the term of the Contract.
PROGRAM DESCRIPTION
Sexual offenders may present a high risk to re-offend and commit new crimes. In an effort to minimize the risk of re-offense and enhance public safety, the DOC has implemented a polygraph-testing program for certain Sex Offenders. The purpose of the program is to improve the treatment, monitoring, and accountability of Sex Offenders.
The clinical polygraph examination is used as a monitoring tool for Sex Offenders on DCC community supervision and provides more information to evaluate the offender’s risk factors and need for specialized conditions of community supervision. It is also intended to enhance public safety by identifying criminal behavior technical violations associated with the offender’s risk of re-offense.
The clinical polygraph examination is used in conjunction with treatment to increase treatment efficacy. These examinations provide information to evaluate the deviant behavior and treatment progress of offenders. The clinical polygraph examination is used to deter Sex Offenders from deceiving their therapist and/or supervising probation and parole agent.
DOC may request a variety of clinical polygraph examinations at DCC offices located throughout the state (see Map of DCC locations—Attachment 6) including: sex history, instant offense, maintenance, and monitoring examinations. The DOC develops a polygraph examination schedule that details the dates and locations of the polygraph examinations for the awarded Contractor at least six months in advance. The predetermined schedule of exams allows the polygraph examiner to participate in an interagency and interdisciplinary teamwork approach to include the polygraph examiner, Sex Offender treatment provider, Department of Corrections’ personnel, and Department of Health Services personnel when applicable.
PROGRAM GOALS
The Department of Corrections requires Correctional Clients who are Sex Offenders to submit to periodic clinical polygraph examinations as part of the offender’s case management plan. The goals of clinical polygraph examinations include:
· To disclose offense pattern information for supervision and treatment purposes
· To hold the Sex Offender accountable for behaviors which occur while on supervision
· To verify the accuracy of self-reporting
· To assist in the ongoing monitoring and early identification of supervision rule violations and other criminal behavior
· To provide a deterrent to re-offending
· To identify Sex Offenders who need more intensive supervision or treatment
· To provide more information for purposes of assessment, treatment, and monitoring
TARGET POPULATION
Clinical polygraph examinations will be administered to approximately 1,000 registered Sex Offenders as defined under s. 301.45(1), Wis. Stats. each year.
CONTRACT TERM
This Contract will be for an initial two-year term. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2), two-year periods. The Contract shall be effective on the date it is executed by the DOC. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order. Prices must remain firm for the initial two-year contract term. Prices may be lowered due to general market conditions. See RFB Section 5.3 for information regarding Contractor price increase requests.
The RFB documents, the awarded Bidder's response as accepted by the DOC, and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.
1.3.1 Transition Extension Period
DOC may request an extension of this contract on a month to month basis for no more than one year after the original contract term. Extension terms are not automatic and shall only be executed by mutual agreement of both parties (DOC and the awarded Contractor) when circumstances beyond DOC’s control delay the award or start-up of a new contract. The terms and conditions of the current contract will apply to the transitional extension period but cost may be negotiated as necessary.
If the incumbent Contractor is not awarded the next contract, they are expected to work with DOC and the new Contractor to ensure a smooth transition. Failure to work cooperatively with DOC may jeopardize the incumbent’s ability to participate in future solicitations.
MODIFICATIONS OF CONTRACT
The Contract shall not be used for purchasing services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.
Possible Expansion of Services During the term of the resulting Contract, DOC reserves the right to negotiate the expansion of services at other locations not specified in the RFB. If the Contractor is unable to provide the services at the additional locations, DOC reserves the right to issue a new solicitation.
ORDER OF PRECEDENCE
In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the DOC, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.
In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:
· Final Signed Contract with clarifications included
· Bid Response as accepted by the DOC
· Request for Bid If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:
· Official Purchase Order
· Bid Response as accepted by the DOC
· Request for Bid
COOPERATIVE PURCHASING SERVICES
Services procured through this bid may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the services procured under the Contract at the same rates agreed to by the DOC and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the DOC and providing appropriate documentation and support and reporting Contract usage by Municipalities.
RESPONDING TO BID REQUIREMENTS
Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception. Before the award of any Contract, the DOC shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint the DOC with these qualifications by submitting appropriate or supporting documentation.
Specifications will be presented by the DOC as itemized questions that require an affirmative response from you that you can meet comply. Bidders shall complete Attachment A and indicate for each bid specification “Complies” or “Cannot Comply” If there are requirements that you cannot meet, you must check "Cannot Comply” and provide a supplemental document as an attachment to explain.
Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the DOC reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.
BIDDER QUALIFICATIONS AND REQUIREMENTS
All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet any qualification will disqualify the bid.
Bidder shall use Attachment 1- Bidder Response to Specifications to respond to this section.
| 2.1 | The DOC intends to utilize polygraph examination services at local Division of Community Corrections (DCC) offices located throughout the State of Wisconsin. Bidders shall be able to provide services to all areas where DCC offices are located, now and in the future. Current DCC locations are indicated on the attached map of Wisconsin (Attachment 6). Bidders must include all transportation and insurance costs in their bid price provided on the bid Price Sheet (Attachment for polygraph examination services. |
| 2.2 | The Bidder shall maintain insurance as specified in section 4.9 of this RFB and in accordance with section 23.0 of the State’s Standards Terms and Conditions. |
| 2.3 | The Bidder must have one (1) year or more experience providing Polygraph Examination Services to Correctional Clients or convicted Sex Offenders. |
MANDATORY SPECIFICATIONS
All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.
Bidder shall use Attachment 1, Bidder Response to Specifications, to respond to this section.
EXAMINER QUALIFICATIONS AND EXPERIENCE
Each examiner performing services under this RFB:
3.1.1 Must have conducted at least one hundred (100) criminal specific issue examinations within the last 3 years.
Bidder must provide documentation identifying the organizations and dates that the exams were conducted.
3.1.2 Must have conducted a minimum of fifty (50) examinations with suspect or convicted Sex Offenders. Disclosure or maintenance examinations of Sex Offenders may be used to meet the required number of Sex Offender examinations.
Bidder must provide staff resumes that identify dates, organizations for whom examinations were conducted (including address and phone number), position description and job responsibilities to verify that all staff meets the bid qualification and experience requirements in delivering services as described in this section. In addition, include the types of examinations (Sex Offender and clinical Polygraph Examination) and number of examinations conducted.
3.1.3 Must have, at a minimum, graduated from an APA, accredited school.
The Bidder must provide for each examiner the name, address, dates of attendance, and copy of the diploma for the polygraph school and the college/university, if baccalaureate was achieved. Include copies of current certification, licensing, insurance and training for each examiner.
3.1.4 Must be a member of and maintain membership in good standing with the (APA), American Association of Police Polygraphists (AAPP), or National Polygraph Association (NPA).
Bidder must include copies of current certifications and documentation of memberships indicating length, dates, and type of membership.
| 3.1.5 | Bidder shall provide resumes of all new staff hired during the contract period to | demonstrate that the individual meets the bid qualification and experience | requirements. Resumes shall be provided to DOC at least 14 calendar days prior | to the staff member providing services to the DOC under this contract. In addition, | Bidder shall describe the types of clinical polygraph examinations that each new | hire has performed, and the number of examinations performed. Bidder shall | include copies of current certification, licensing, and training of each new hire. |
| 3.1.6 | Bidder must have one or more bi-lingual Spanish speaking examiner(s) available to perform Spanish exams on an as need basis. Subcontracting for bi-lingual Examiners is acceptable; however, all other examiner qualifications must be met. |
Bidder must provide documentation to verify that the examiner is knowledgeable in the Spanish language and must provide staff resumes that identify dates, organizations where examinations were conducted (including address and phone number), position description and job responsibilities to verify that this staff meets the bid qualification and experience requirements in delivering services as described in this section. In addition, Bidder shall include the number of examinations and types (Sex Offender and clinical Polygraph Examinations). Bidder shall include copies of current certification, licensing, insurance and/or training required in this RFB.
3.1.7 Bidder and all staff providing services under this contract will be required to pass a criminal background investigation prior to being awarded this contract. Any person who has been convicted of any felony or is a Sex Offender under s. 301.45, Stats, or who is currently under the supervision of any federal, state, or local law enforcement or correctional agency is ineligible to provide services under this contract.
EXAMINER TRAINING AND CONTINUING EDUCATION REQUIREMENTS
| 3.2.1 | Examiners shall successfully complete a minimum of forty (40) hours of APA, AAPP or NPA approved continuing education every two years in order to maintain proficiency in the field of clinical polygraph testing and to remain current on any developments in the assessment, treatment and monitoring of sexual offenders. Cost of all training is the responsibility of the successful bidder. During the life of the contract, the Contract Administrator may request documentation that demonstrates continuing education requirements have been met. |
| 3.2.2 | If requested by the Department, Examiners shall attend up to eight (8) hours of DOC led training annually at the Bidder's expense. In most cases, the training schedule is set by the DOC at least six months in advance. |
| 3.2.3 | Bidder will be responsible for the cost of all training related to maintaining Examiner’s professional certification. |
EXAMINER RESPONSIBILITIES
| 3.3.1 | As part of the pre-examination phase of the polygraph examination, the Examiner shall consult with the Correctional Client's case management team prior to conducting a polygraph examination. | |
| 3.3.2 | As part of the post-examination phase of the polygraph examination, the Examiner shall participate in periodic post-examination case management planning meetings as determined by the Department. | |
| 3.3.3 | The Bidder and the Bidder’s Examiner shall use the protocol provided by the | Department. |
| 3.3.4 | If requested by DOC, on an as needed basis, Examiner shall prepare and provide testimony and appear in court or DOC administrative hearings with a state attorney to testify for DOC as a result of a polygraph examination. |
TECHNICAL SPECIFICATIONS
Equipment and Polygraph Process
3.4.1 At the time of bid, Bidder's equipment and supplies must be capable of performing all operations in accordance with specifications as approved by the DOC.
Bidder must provide a detailed description of the polygraph equipment to be used under this contract, including hardware, software, and video recording systems.
| 3.4.2 | At the time of bid submittal, Bidder shall have a computerized polygraph system that will simultaneously record the physiological phenomena of respiration, galvanic skin response, and the cardiovascular functions. |
| 3.4.3 | Examiners shall manually score the charts generated through the examination process. Computerized scoring may not be relied upon to reach a conclusion, but may be used for comparison and confirmation purposes. |
| 3.4.4 | The Bidder shall provide video or digital recordings of all Polygraph Examination Service exams, including pre-test and post-test phases. |
| 3.4.5 | Bidder shall maintain all polygraph examination recordings for a minimum of five (5) years from the date of the examination. |
| 3.4.6 | Upon request of DOC, the Bidder shall provide a copy of a recording at no charge. |
| 3.4.7 | All examination videos, charts and reports shall be subject to random and periodic quality control review. |
| 3.4.8 | Examiners shall have a recognized valid and reliable Control Question Technique, plus a Peak of Tension test per APA Association Standards. |
Bidder must supply documentation of their Control Question Technique and their Peak of Tension test.
PERFORMANCE AND SUPPORT SPECIFICATIONS
| 3.5.1 | Each exam (including the pre-test, in-test, and post-test phases) shall be a minimum of ninety (90) minutes. Exam time begins when the Examinee enters the examination room with the examiner and ends when the Sex Offender departs after the conclusion of the polygraph examination. |
| 3.5.2 | Examiners shall adhere to the established ethics, standards, and practices of the APA regarding clinical polygraph examinations. |
| 3.5.3 | Prior to administrating the exam, the Examiner shall affirm that the Examinee is free of any medical conditions that would impact the results of the polygraph examination. Within 48 hours of the examination the Examiner must notify the AOR in writing of his or her determination if the polygraph exam was cancelled by the Examiner and the reasons for it. |
| 3.5.4 | Prior to administering the exam, the Examiner shall explain the testing process to the Examinee, including information about the equipment and its purposes. |
| 3.5.5 | Examiners shall conduct a thorough pre-test phase, including a detailed discussion of each relevant issue. The pre-test phase shall be conducted in accordance with APA's accepted standards of practice for clinical polygraph. |
| 3.5.6 | Examiners shall review and explain all test questions to the Examinee in advance of the in-test phase. |
| 3.5.7 | Surprise or trick questions are forbidden during the administration of polygraph examination. |
| 3.5.8 | All test questions shall be formulated to allow only “Yes and No” answers. |
| 3.5.9 | A minimum of three primary test charts shall be administered on the primary issues. |
| 3.5.10 | Examiners shall review test results with the Examinee following the completion of the in-test phase of the examination process. |
| 3.5.11 | Examiners shall use an internal quality control process that allows for periodic independent (external) review of all documentation, polygraph charts, and reports, including compliance with valid test question formulation. |
| 3.5.12 | Upon DOC's request, the Bidder shall provide at no charge, all documentation, polygraph charts and reports relevant to an examination within 5 business days of the request. |
| 3.5.13 | Examiner shall provide a preliminary report using the format provided by DOC to the AOR within 24 hours of examination completion. |
| 3.5.14 | Examiner shall issue a final written report to the AOR, within three (3) calendar days of the examination. |
| 3.5.15 | If the Examiner concludes that the offender engaged in countermeasures, the report shall state the conclusion, specify the observed conduct or cite specific chart readings which support the conclusion. |
REPORTING REQUIREMENTS
Reporting on Individual Offenders
Law Violations The Bidder shall notify the referring DOC staff or other designated DOC staff if an Examinee is in violation of the law as soon as possible and no later than 24 hours, subsequent to receiving information concerning the law violation identified during the polygraph process.
Failure to Attend Violations Bidder shall report a failure to appear for a polygraph examination to the referring DOC staff or other designated DOC staff within one (1) business day.
AD HOC Reports Upon request of the DOC, Bidder shall provide reports on Correctional Clients served in the program when these reports are required by the court, for revocation procedures and/or for other Departmental procedures.
Program Reporting
Unit Service Monthly Report (DOC 1026) (Attachment 3) The Bidder shall submit a completed Unit Service Monthly Report to provide data on the number of units of service provided each month within 15 days of the last day of the month during which service was provided.
Offender Monthly Report The Bidder shall submit a monthly report detailing the Correctional Clients who received polygraph examinations each month. This report shall be submitted within 15 days of the last day of the month during which service was provided.
Referral to Purchase Offender Services (DOC 1336) (Attachment 5) The Bidder shall submit a completed Referral to Purchase Offender Services form for each Correctional Client referred by DOC for service. These forms shall be submitted with the monthly report following the offender's rejection or acceptance into the program.
Polygraph Data Collection Bidder shall participate in all aspects of polygraph data collection, reporting and evaluation.
SPECIAL TERMS AND CONDITIONS OF BID
The DOC reserves the right to negotiate special terms and conditions when it is its best interest to do so. The Bidder shall not submit its own Contract document as a substitute for the State's Special Terms and Conditions.
Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The DOC may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the DOC.
EXECUTING SERVICES OR PURCHASE ORDERS
No Service is to be provided until an official State of Wisconsin Purchase Order is issued by DOC to Contractor. When there is more than one State fiscal year (July 1 through June 30) or a portion of a fiscal year in the Contract period, a separate purchase order will be issued for each fiscal year in accordance with Department policy on the issuance of purchase orders.
BACKGROUND CHECKS
Due to the nature of this solicitation, the DOC reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors in order to determine whether any conviction exists that is substantially related to the solicited Service or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The DOC is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements. Please refer to DOC Rider (Attachment 4) for detailed background check requirements for DOC.
AUDITING
| 4.3.1 | Contractor will allow inspection of records related to this Contract and as permitted by State and Federal law, by representatives of DOC and its authorized agents, and Federal agencies, in order to confirm Contractor's compliance with the specifications of this Contract. |
| 4.3.2 | Contractor shall comply with the auditing requirements of DOC including making available to DOC all documents applicable to the Contract. The DOC shall during normal business hours have the right to examine, audit, and copy, on Contractor's premises, any of the Contractor’s records and computer data storage media involving transactions directly pertinent to the resulting Contract. All electronic data shall be submitted to the DOC via customary industry form or medium as directed by the DOC. This provision shall survive six years following the termination, cancellation, or expiration of this Contract. |
| 4.3.3 | DOC may require that the Contractor procure an audit to review all DOC funds paid pursuant to the Contract. DOC reserves the right to conduct an independent audit of Contractor if Contractor fails to secure an audit. DOC may also require follow-up review of selected transactions as determined to be necessary. Contractor agrees to make available to DOC financial records in the format requested for the audit. In the event that Contractor fails to secure an audit, DOC's costs for completing an audit may be charged back to Contractor. |
TOBACCO-FREE ENVIRONMENT
All DOC Facilities are Tobacco-Free. Contractors are not to possess or use any tobacco product inside the fence of a DOC Facility.
FRATERNIZATION AND OTHER DOC POLICIES
All Contractors and their subcontractors (if applicable) working on-site are subject to DOC policies. Please refer to the DOC Rider (Attachment 4) for more detailed DOC requirements.
PAYMENT TERMS
Payment will not be made until the polygraph services are determined to meet all specifications, requirements, and deliverables, and has been accepted by the DOC.
Bidders that are not set up as a Supplier in the STAR PeopleSoft system will be required to complete new Supplier paperwork before any payments can be issued. The awarded Bidder will be provided with information regarding new Supplier account set-up by the Procurement Manager. As part of the account set-up, Suppliers may elect to receive payments by check or Automated Clearing House (ACH). ACH payments are highly encouraged to cut down on handling and processing times.
Suppliers may offer state agencies a 2% discount for payments made 10 days after receipt of invoice. If the Supplier does not offer 2% discount terms, the Supplier will be paid 30 calendar days from the date the invoice is received. The DOC must meet a statutory mandate to pay invoices within 30 calendar days of receipt of invoice or services, whichever is later. Exemptions to the mandate are federally funded purchases and aids payments to individuals or organizations.
INVOICING
4.7.1 Contractor must agree that invoices shall reflect the contracted prices.
DOC verifies invoiced amounts are correct as per the contract. Only properly submitted invoices will be processed for payment. Invoices must conform to the instructions below. Invoices must be itemized showing:
· Contractor name
· Remit to address
· Purchase order number
· Description of Service
· Name of Examinee
· Dates of Service
· Charges in the same format as the terms of the contract The original invoice must be sent to the DOC address which will be provided to the Contractor prior to contract start date.
| 4.7.2 | The contract is limited to the services listed in the contract document or accompanying attachments or amendments. Services 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. |
| 4.7.3 | If the DOC is dissatisfied with the quality of the Service, the DOC will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the date identified in the notice, the DOC may withhold funds under this Contract, request reimbursement for the Service paid for but not delivered, or withhold funds due from delivery under another contract. Nothing set forth herein shall prevent or prohibit the DOC from pursuing other legal or equitable remedies. |
INSURANCE AND CERTIFICATES OF INSURANCE
Insurance Requirements Throughout the term of this Contract and any renewal periods, Contractor shall maintain insurance in the types and with the limits outlined below. Policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin with a minimum AM Best Company rating of A-, and signed by an authorized agent.
| Worker’s Compensation |
| Statutory Requirements |
$100,000 each accident $500,000 disease-policy liability limit $100,000 disease-policy liability limit for each employee
| Commercial General Liability |
| $1,000,000 each occurrence of bodily injury and property damage |
$1,000,000 general aggregate, including product liability and completed operations
Automobile Liability (covering all owned, non-owned and hired vehicles) $1,000,000 per occurrence combined single limit for liability and property damage
Certificates of Insurance The Contractor shall provide a Certificate of Insurance to the Contract Manager, with the certificate holder noted below, prior to the Contract start date or the commencement of services.
| The certificate holder: | Wisconsin Dept. of Corrections | |
| 3099 E. Washington Ave. | ||
| Madison, WI 53707 |
Prior to the expiration date of each policy, the Contractor(s) will provide a renewal certificate evidencing continued insurance coverage. Renewal certificates may be emailed to DOCPurchasingHelpDesk@Wisconsin.gov. Please reference the solicitation number or contract number in your email.
Insurance Policy Inspection Upon request by the DOC, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the DOC’s Risk Manager and the signature of an authorized agent.
The policies and/or certificates shall be submitted to the DOC upon request, for annual review, and/or when insurance coverage(s) or providers are changed. In the event the Contractor's required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the DOC.
Subcontractors and independent contractors may be required to submit their Certificate of Insurance to DOC to show they meet the same Insurance requirements. It will be the Contractor’s responsibility to ensure subcontractors and independent contractors are aware of this requirement.
A certificate of insurance is not a required bid submittal of the RFB.
ACCESS TO DOC FACILITIES
Please refer to the DOC Rider (Attachment 4) for detailed information related to access to DOC Facilities.
TERMINATION FOR CAUSE
The DOC may terminate this Contract after providing the Contractor with thirty (30) calendar days’ written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate this Contract after providing the DOC a one hundred and twenty (120) calendar day notice of the State's right to cure a failure of the DOC to perform under the terms of this Contract.
Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.
TERMINATION FOR CONVENIENCE
Either party may terminate this Contract at any time, without cause, by providing a written notice; the DOC by providing at least a thirty (30) calendar day notice to the Contractor, and the Contractor providing at least a one hundred and twenty (120) calendar day notice to the DOC in advance of the intended date of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The DOC shall be entitled to a refund for goods or Services paid for but not received or implemented, such refund to be paid within thirty (30) calendar days of written notice to the Contractor requesting the refund.
CONTRACT CANCELLATION
The DOC reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:
· Fails to perform any material obligation required under the Contract
· Files a petition in bankruptcy, becomes insolvent, or otherwise takes an action to dissolve as a legal entity
· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30 calendar day notice
· Makes an assignment for the benefit of creditors
· Fails to follow the sales and use tax certification requirements of §77.66 of the Wisconsin Statutes
· Incurs a delinquent Wisconsin tax liability
· Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)
· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)
· Becomes a federally debarred Contractor
· Is excluded from federal procurement and non-procurement contracts
· Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract
· Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information
· Contractor performance threatens the health or safety of a State employee or State customer
PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS
METHOD OF BID
The Bidder shall submit a net unit price and, if applicable, an extended net total for each item specified on the Price Sheet. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.
PRICE SHEET INSTRUCTIONS
Bidders shall complete the attached Price Sheet (Attachment 2). Bidders shall not alter the Price Sheet in any manner. All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid. Prices must remain firm for the initial two-year contract term. Prices may be lowered due to general market conditions.
| 5.2.1 | The cost per examination must include document review, preparation, consultation, pre-test, in-test, post-test, report writing, video/digital recording, insurance, and travel costs. |
| 5.2.2 | The cost per hour for an Examiner who is required by DOC to appear in court or an administrative hearing as a result of a polygraph examination must be stated as a separate cost on the price sheet. The hourly cost must include the cost of travel and preparation of testimony. |
| 5.2.3 | The cost per hour for Consulting and Training must be stated as a separate cost on the price sheet. Consulting and training hourly costs must include the cost of travel to the site if applicable, preparation of training and all instructional materials. |
| 5.2.4 | The cost per examination may not include any startup costs. |
| 5.2.5 | Exam Cancellation |
· If an exam is cancelled 5 working days prior to a scheduled exam, there is no cost to DOC.
· If an exam is cancelled on the day of the exam, DOC will pay 50% of the cost of the exam.
· If DOC cancels an exam 2 to 4 days prior to a scheduled exam and DOC cannot fill the slot with another registrant, DOC will pay 100% of the cost of the exam.
REQUESTING PRICE ADJUSTMENTS
5.3.1 Price increase requests proposed after the initial two-year Contract term 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 submitted with the request and may not increase more than the Consumer Price Index. If DOC deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases must be in the form of an amendment to the contract. Price increases must be labeled with the contract number and be submitted in the same format as the original RFB. Any price increase requested that is not submitted in the proper format may be rejected.
BID PROCEDURE AND INSTRUCTIONS
CALENDAR OF EVENTS
Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that DOC finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on Wisconsin eSupplier Portal.
| DATE: |
| EVENT: |
| November 9, 2021 |
| Date of Issue of the RFB |
| November 16, 2021 |
| Date Questions Due (last date accepted) |
| November 22, 2021 |
| Estimated date Responses to Questions Posted |
3:00 pm CST December 8, 2021 Bids Due from Bidders
| December 16, 2021 |
| Anticipated Intent to Award Date |
| March 1, 2022 |
| Contract Start Date |
CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS
Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by November 16, 2021. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Manager named below of the issue in writing and request modification or clarification of the RFB document.
Email is the preferred method of written contact. Please email to: DOCProcurementManager@wisconsin.gov All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid # CJO-7468 and directed to the Procurement Manager Any questions or protests regarding specifications in this RFB must be submitted in writing to the Procurement Manager by DATE QUESTIONS ARE DUE 3:00 PM CST.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions, including addendums and amendments, will be posted to the Wisconsin eSupplier Portal: (https://esupplier.wi.gov/psp/esupplier/supplier/erf/h/?tab=WI_BIDDER).
All contact or communication with any employee or officer of the DOC concerning this RFB, except the Procurement Manager is strictly prohibited during the period from the date this RFB is released until the date the Notice of Award is issued. The Procurement Manager may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract(s) with the DOC may continue to communicate with the Contract Administrator(s) regarding the performance of 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.
REASONABLE ACCOMMODATIONS
Upon request, the DOC shall provide reasonable accommodations, including the provision of informational material in an alternative format or accommodations at a Bid opening or Bidder’s Conference. To arrange any necessary accommodation, please contact: Charlene Orsted (608) 240-5583 or DOCProcurementManager@wisconsin.gov WISCONSIN eSUPPLIER PORTAL REGISTRATION Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this Service or Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Service or Commodity area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.
SUBMITTING A BID
Bidders have three options in responding to this RFB. Required materials (see Section 6.6) shall be received for acceptance of their bid by the date and time listed on the Bid cover or through eSupplier. Bids received after that date and time will be rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by Purchasing for the purposes of this RFB. Use one of the options below for submission of the bid.
Faxed and emailed bids are not accepted.
Wisconsin eSUPPLIER Portal Submittal (STRONGLY PREFERRED) Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFB. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the Bid document.
Certain requirements, qualifications and Specifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e. “yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. “Does your company meet requirements 2.1-2.8”). For any (itemized or grouped) requirements that cannot be met, a “no” shall be checked and a supplemental document shall be provided as an attachment to explain Allow time for entering a Bid Response in eSupplier. Keep in mind the following if an error occurs:
· File names must be no longer than 64 characters, including the file extension (e.g., “.docx”) and cannot contain special characters (e.g., commas or percent signs).
· The maximum file size is 80MB.
· The eSupplier system will not allow a file with macros included and enabled.
· Vendor may only upload a single file in response to a question. Uploading additional files will overwrite the previous upload. If the Vendor has a need to attach multiple files, the Vendor will either consolidate the documents into a single file, or will need to upload one in…
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