7653 Feed and Feed Supplements Final.docx

JJJ-7653 Page 20 of 25 Feed and Feed Supplements for Dairy Cattle

REQUEST FOR BID

FEED AND FEED SUPPLEMENTS FOR DAIRY CATTLE

JJJ-7653

Issued: May 21, 2020 Responses Due: June 11, 2020 2:00 PM CT

STATE OF WISCONSIN

DEPARTMENT OF CORRECTIONS

REQUEST FOR BID (RFB) #JJJ-7653

Feed and Feed Supplements for Dairy Cattle

TABLE OF CONTENTS

DEFINITIONS

1.0 INTRODUCTION, PURPOSE, AND SCOPE

2.0 BID PROCEDURES AND INSTRUCTIONS

3.0 BID ACCEPTANCE, REVIEW AND AWARD

4.0 MANDATORY GENERAL AND TECHNICAL REQUIREMENTS

5.0 PRICING

6.0 SPECIAL CONDITIONS

7.0 REQUIRED FORMS AND ATTACHMENTS

8.0 STANDARD TERMS AND CONDITIONS

ATTACHMENTS

· Attachment A – Cost Sheet

· Attachment B – Bidder Checklist

DEFINITIONS:

The following definitions and acronyms are used throughout the bid:

The Department of Corrections, hereinafter referred to as the "DOC", through its Purchasing Services Section, hereinafter referred to as "Purchasing," on behalf of The Bureau of Correctional Enterprises, hereinafter referred to as “BCE," requests bids for the purchase of feed and feed supplements for Dairy Cattle for the Fox Lake, Oregon, and Waupun State Farms.

The purpose of this bid is to solicit prices for feed and feed supplements for Dairy Cattle. DOC intends that this contract may include awards to multiple vendors, ensuring that the feed and feed supplements are available at all locations.

The DOC makes no express warranties whatsoever that any particular quantity or dollar amount of services will be procured. DOC reserved the right to cancel this Request for Bid (RFB) prior to a notice of Intent to Award.

1.2 SCOPE

DOC is seeking a Contractor(s) to provide feed and feed supplements to the Waupun, Fox Lake, and Oregon State Farms. Attachment A, Cost Sheet indicates estimated minimum and maximum quantities anticipated to be purchased biannually, by BCE Correctional Farms.

1.3 CONTRACT TERM

The contract term will begin on the date of award, and will be for two years with three (3) one-year renewal option. This contract shall automatically be renewed into its subsequent years unless DOC Purchasing is notified, in writing, by the Contractor, ninety (90) calendar days prior to the expiration of the initial and/or succeeding Contract term(s).

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

In the event of 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:

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

2. Final Signed Contract including any attachments, amendments, and all terms and conditions

3. Bidder’s response as accepted by the State of Wisconsin

4. Request for Bid (including any amendments, exhibits and attachments) Successful Bidder should retain a copy of the RFB document and their response.

1.5 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Section 5 on form DOA-3832. Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates under the Contract. The Contractor shall be responsible for confirming the status of potential Municipalities.

1.6 CANCELLATION AND TERMINATION

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

1.6.1 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 services rendered under the Contract.

1.6.2 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 for 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.

1.6.3 CONTRACT CANCELLATION

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

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

b. Makes an assignment for the benefit of creditors;

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

d. Fails to maintain the confidentiality of the 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.

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

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

b. Incurs a delinquent Wisconsin tax liability;

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

d. Fails to follow the non-discrimination or affirmative action requirements of sub ch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law); or

e. Becomes a State or federally debarred Contractor.

1.7 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.

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 DOCProcurementManager@wisconsin.gov.

2.2 BID SUBMITTAL

Bidders may submit their bid responses via any of the following methods:

1) eSupplier Portal; or

2) mail; or

3) hand delivery

The front entrance to DOC Central Office is not currently open to the public due to the COVID-19 situation. If you decide to hand deliver your bid, you will need to take your bid to the east end loading dock. It is highly recommended that bidders submit their bids via eSupplier.

Instructions for each bid submittal method is included in this Section.

The bid responses must be received through one of these bid response methods and date and time stamped no later than the due date in the Calendar of Events, Section 2.3. Failure to properly submit all required documents by the due date and time will result in rejection of the RFB.

Complete bid responses 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 the DOC Purchasing Services Section. Plan to allow extra time to ensure complete bid submittal by the deadline.

1) eSupplier Portal Bid Response Submittal: Preferred Method Bidders electing to submit bids via the eSupplier Portal shall follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

Allow adequate 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.

· Bidder must only upload a single file in response to a question. Uploading additional files will overwrite the previous upload. If the Bidder has a need to attach multiple files, the Bidder will either consolidate the documents into a single file, or will need to upload one in response to the question and upload the rest using the Upload File button on the Submit Online Response page.

· In order to officially submit a Bidder response, Bidder shall click the Submit button and receive verification that the Bidder response has been submitted.

2) Mail or Hand Delivery Bid Response Submittal:

a) Mailed or hand delivered bids must be clearly marked, packaged, sealed, and submitted to one of the applicable addresses:

Purchasing Services Section Purchasing Services Section

b) Mailed or hand delivered bids shall include:

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

· The Bidder’s name and address

· RFB Title: Feed and Feed Supplements for Dairy Cattle

· RFB Number: RFB #JJJ-7653

· RFB Due Date: June 11, 2020 3:00 PM CT

· An electronic copy (on a USB thumb drive or flash drive) of the bid response (in Microsoft Word or Adobe format). All electronic copies must exactly match the hard copies.

3) Emailed or Faxed Bid Responses are NOT accepted

2.3 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event that DOC finds it necessary to change any of these dates and times it will do so by issuing an amendment to this RFB to be posted on eSupplier, unless the event is listed as estimated or approximate.

2.4 FORMAT OF BID

Responses to this RFB must comply with the following format requirements. Failure to meet a mandatory requirement shall disqualify the bid.

0. METHOD OF BID

Bidder shall follow the RFB and Attachment A instructions to submit all bid prices. Prices shall be in U.S. dollars unless otherwise indicated. Bid prices must include packing, freight and insurance costs. In the event of errors in calculation, unit price shall prevail.

0. COST SUBMITTAL INFORMATION

Bidders must fully complete Attachment A Cost Price Sheet, including a price per unit as indicated (either price per pound or price per bag), according to individual product specifications. Cost must include packing, freight and insurance. All costs to furnish the product(s) included in the bid, in accordance with the terms and conditions of this RFB, must be included.

ADDITIONAL ITEMS

Additional manufacturers related products may be added to this Contract at the discretion of Purchasing. Prices and discounts shall be in line with the Contract prices and discounts for like products currently included in the Contract.

0. SIGNED BIDDER REQUIRED FORM, Form DOA-3832 Include the completed and signed DOA-3832 form, including Section 7, Bidder Certifications. By signing the form in Section 8 and completing the bid, 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 an authorized agent.

Form DOA-3832 includes:

· Section 1: Bidder Information

· Section 2: Bidder Contacts

· Section 3: Bidder References

· Section 4: Designation of Confidential and Proprietary Information

· Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

· Section 6: Bidder Identification

· Section 7: Bidder Certifications

· Section 8: Bidder Signature

0. FEED TAGS

All feed tags must contain the product description and ingredients that are on Attachment A, Cost Sheet. The feed tags shall be attached to each bagged product and bulk products shall have an analysis sheet attached to the bill of lading.

0. BIDDER CHECKLIST – ATTACHMENT B

Bidders shall complete Attachment B - Bidders checklist. This form must be completed by marking all check boxes and signing the bottom of the form.

0. STATE OF WISCONSIN TERMS AND CONDITIONS

The standard terms and conditions (DOA-3054) shall govern this RFB and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the Vendor's bid response. The DOC reserves the right to negotiate contractual terms and conditions when it is in the best interest of the DOC to do so.

2.5 INCURRING COSTS

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

2.6 COMMUNICATIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT

All communication and/or questions regarding this RFB must be made by email and refer to RFB #JJJ-7653 and directed to the Procurement Manager, Jeffery Johnson: DOCProcurementManager@wisconsin.gov. Bidders are expected to raise questions, exceptions, or additions concerning the RFB document by the applicable due date in the Calendar of Events, Section 2.3. If at any time prior to the bid due date, a Bidder discovers significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Manager and request modification or clarification of the RFB document. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions, including addendums and amendments, will be posted on eSupplier (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 DOC 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.

3099 East Washington Ave. Madison, WI 53707. Names of the Bidders shall be read aloud at that time. If meeting restrictions are still in place because of COVID-19, a list of vendors that submitted a bid will be sent, upon request within one business day.

The front entrance to DOC Central Office is not currently open to the public due to the COVID-19 situation. If you decide to hand deliver your bid, you will need to take your bid to the east end loading dock. All vendors are strongly encouraged to compile all of their bid documents into one (1) pdf and upload into eSupplier.

3.3 BID REVIEW

Bids will be reviewed by DOC to verify compliance with specified requirements in this RFB. This verification may include and is not limited to: requesting additional information for clarification; testing sample product for specified requirements; and reviewing results of past awards to the Vendor by the State of Wisconsin.

FAILURE TO MEET A MANDATORY REQUIREMENT MAY DISQUALIFY THE BID. However, if no Bidder is able to meet an individual mandatory qualification, requirement, or condition of bid, DOC reserves the right to delete that mandatory requirement and continue the review of Bids to select the Bid that most closely meets the requirements specified in this RFB.

3.4 METHOD OF AWARD

Award(s) shall be made on the basis of the lowest line item unit price, either price per lb. or price per bag, as indicated on the Cost Sheet, received from a responsive, responsible bidder meeting bid specifications and requirements, which is judged to be in the best interest of the DOC. DOC reserves the right to accept or reject any and all bids in whole or in part. Bids that state the DOC shall guarantee a specific quantity or dollar amount will be disqualified.

If a responsive, responsible State qualified work center meets the fair market price and other work center program criteria, the award will be made to the work center (Wisconsin State Statute 16.752).

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

Bids that state the DOC shall guarantee a specific quantity or dollar amount will be disqualified.

3.5 MINORITY BUSINESS ENTERPRISE

Bids from certified Minority Business Enterprises (MBE) may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m). MBE must be certified by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on form DOA-3832.

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 by the Department of Administration to be eligible for the preference. Indicate if applicable by checking the box on form DOA-3832.

3.7 NOTIFICATION OF AWARD

Any Bidders that respond to this RFB will be notified in writing of the award result.

4.0 MANDATORY GENERAL, TECHNICAL AND PERFORMANCE REQUIREMENTS

The following requirements are the minimum specifications for feed and feed supplement products required. Failure by a bidder to respond to any specific requirement or question shall be the basis for elimination from consideration. However, if no bidder is able to comply with a given specification, condition of bid or provide a specific item, Purchasing Services reserves the right to delete that specification, condition of bid or item. Products must comply with U.S. Food and Drug administration policies established for animal feed.

No revisions to this bid may be made unless in the form of an official addendum issued by the DOC, Purchasing Services Section.

4.1. FEED AND FEED SUPPLEMENT SPECIFICATIONS, ITEMS # 1-8 ON COST PRICE SHEET

4.1.1 Dawe’s Close-up Concentrate or equal Part # 27-400-06250-FW Waupun Guaranteed Analysis per pound: Crude Protein 25% min; Crude Fat 3% min; Crude Fiber 6% max; ADF 5.5% max; Calcium 2.1% min 2.6% max; Vitamin A IU 150,000; Selenium, ppm 7.70; Monensin. Ingredients: processed grain by-products; ammonium chloride; magnesium sulfate; calcium sulfate; molasses product; sulfur; ammonium sulfate; calcium chloride; animal fat; rice mill by-product; vitamin E supplement; potassium sulfate; magnesium oxide; vitamin A supplement (stability improved); dried Streptomyces fermentation solubles; calcium carbonate; zinc sulfate; active dried yeast; copper sulfate; d-activated animal sterol (source of vitamin D3, stability improved); ferrous sulfate; yeast culture; niacin; manganese sulfate; choline chloride; vitamin B12 supplement; calcium pantothenate; folic acid; copper oxide; riboflavin supplement; menadione sodium bisulfite complex pyridoxine hydrochloride; ferrous carbonate; thiamine menonitrate; calcium iodate; natural and artificial flavors; BHT and ethoxyquin (preservatives).

Packaged in 50# bag.

4.1.2 Dry Cow Mineral Part # 27-400-06465-FW Waupun and Fox Lake

Composite Analysis Report (prepared by MBelmer DVM)

Packaged in 50# bag.

THIS PRODUCT WILL BE DELIVERED TO BOTH THE WAUPUN STATE FARM, W6199 HWY 49 EAST, WAUPUN, WI 53963 AND THE FOX LAKE STATE FARM, W9919 LAKE EMILY ROAD, FOX LAKE, WI 53933 DEPENDING ON WHERE PRODUCT IS NEEDED AT TIME OF ORDER. THE FOX LAKE STATE FARM IS MANAGED BY THE WAUPUN STATE FARM OPERATION AND FOR PURPOSES OF THIS BID THE FOX LAKE STATE FARM PRODUCTS ARE INCLUDED IN THE WAUPUN STATE FARM PRODUCTS.

4.1.3 Heifer Premix Part # 27-400-07003-FW Waupun and Fox Lake

Composite Analysis Report (prepared by MBelmer DVM)

Min/Vit.

Show Additives Monensin or Rumensin g/ton 1576.00

Packaged in 50# bag.

THIS PRODUCT WILL BE DELIVERED TO BOTH THE WAUPUN STATE FARM, W6199 HWY 49 EAST, WAUPUN, WI 53963 AND THE FOX LAKE STATE FARM, W9919 LAKE EMILY ROAD, FOX LAKE, WI 53933 DEPENDING ON WHERE PRODUCT IS NEEDED AT TIME OF ORDER. THE FOX LAKE STATE FARM IS MANAGED BY THE WAUPUN STATE FARM OPERATION AND FOR PURPOSES OF THIS BID THE FOX LAKE STATE FARM PRODUCTS ARE INCLUDED IN THE WAUPUN STATE FARM PRODUCTS.

4.1.4 18% Calf Starter Part # 27-400-07012-FW Waupun

Additive Monensin or Rumensin 45 g/ton

Packaged in Bulk.

4.1.5 Energy Booster (Dry Fat) Part # 27-400-07020-FW Waupun

Guaranteed Analysis: Total Fatty Acids 98%; Unsaponifiable Matter, not more than 2%; Insoluble Impurities, not more than 1%; Moisture, not more than 1%. Nutrient Analysis: Free Fatty Acid 98% min. 99.5% max.; C12:0 Myristic 2.5%; C16:0 Palmitic 28.0%; C18:0 Stearic 45.0%; C18:1 Oleic 8.3%; C18:2 Linoleic 1.5%; C18:3 Linolenic 0.1%. Ingredient Listing: Hydrolyzed Animal and Vegetable Fat (Preserved with BHT). Recommended feeding rate: ¼ lb to 1 lb per cow per day.

Packaged in 50# bag.

4.1.6 High Cow Protein Mix Part # 27-400-07020-FW Waupun

Composite Analysis Report (prepared by MBelmer DVM)

Packaged in Bulk.

Soybeans included in this product will be supplied by the Waupun State Farm and will be picked up on an as needed basis. The pricing provided on Attachment A, Cost Sheet should include the pickup from the storage facility used by the Waupun State Farm, location TBD, trucking, roasting, mixing, storage and delivery to the Fox Lake or Waupun State Farms.

Bidder will be responsible for any out charges and freight charges. Bidder shall not charge any additional storage for the beans prior to being used in the protein mix. Bidder must ensure that Roasted Soybeans are rolled or ground to ensure proper mixing. Ingredient quantities are subject to changes based on quality testing of Waupun State Farm haylage and corn silage. The Waupun State Farm also reserves the right to test the high cow protein to ensure a consistent feed quality is maintained.

Delivery truck to be equipped with auger unloading system with ability to unload in a 25 feet high (measured from ground to receiving port) feed hopper / tank.

4.1.7 Distiller’s Grain Part # 27-400-08011-FW Waupun

Based on moisture 7.96% and dry matter 92.04%.

Product ingredients can’t be specified

Packaged in Bulk.

Product delivery truck / vehicle has to be equipped with unloading auger system with ability to unload product at a minimum of 25 feet high; measured from ground to receiving port of commodity bin.

4.1.8 Composite Analysis Report (protein 41615) Oregon

Total 1827.4 2000.0 100.00 100.00

Packaged in Bulk.

Soybeans included in this product will be supplied by the Oregon State Farm and will be picked up on an as needed basis. The pricing provided on Attachment A, Cost Sheet should include the pickup from the storage facility used by the Oregon State Farm, location TBD, trucking, roasting, mixing, storage and delivery to the Oregon State Farm.

Bidder will be responsible for any out charges and freight charges. Bidder shall not charge any additional storage for the beans prior to being used in the protein mix. Bidder must ensure that Roasted Soybeans are rolled or ground to ensure proper mixing. Ingredient quantities are subject to changes based on quality testing of Oregon State Farm haylage and corn silage. The Oregon State Farm also reserves the right to test the base protein to ensure a consistent feed quality is maintained.

Delivery truck to be equipped with auger unloading system with ability to unload in a 25 feet high (measured from ground to receiving port) feed hopper / tank.

4.2. F.O.B. DESTINATION, FREIGHT PERPAID AND ALLOWED INCLUDING ALL CHARGES AND SURCHARGES INCLUDED.

Services will be performed at the Waupun, Fox Lake and Oregon State Farm. Bid prices must include all delivery and insurance charges. Failure to bid F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED in bid price or discount may disqualify the bid.

4.3. DOC DELIVERY REQUIREMENTS

Delivery is desired within five (5) days of receipt of order or by mutually agreed upon date. If unable to deliver by the stated date, indicate on the Cost Price Sheet the earliest delivery date possible.

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 24 hours of receipt of order or release order.

4.4. ITEM RETURN POLICY/DEFECTIVE PRODUCT

Contractor must provide for return of items ordered in error for up to 30 calendar days from receipt with the DOC paying only the return shipping costs.

The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the contractor(s) expense. The state will not be responsible for charges incurred as a result of the defective product. If the contractor(s) is then unable to furnish an acceptable product, the State of Wisconsin may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipment(s) from another vendor shall be deducted from any monies, which may be due to the contractor.

4.5. ORDERS

Specific order(s), Contract blanket order(s), or Purchasing Card order(s) may be issued to the Contractor(s).

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

1.6.5 Blanket Purchase Order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the blanket purchase order(s) as needed.

1.6.6 Purchasing Card order(s): issued as one-time order.

1.6.7 Purchase Orders may be sent by US mail, phone, fax, internet, etc.

4.6. RANDOM SAMPLING

Upon delivery and before payment of the final invoice, any part of the final product may be pulled from the contractor’s delivery truck and inspected to assure the DOC that the specifications have been met in all respects. Failure to meet any specification will mean rejection of the entire order at no cost to the DOC. No changes in the specifications will be permitted without written authorization from Purchasing Services.

4.7. PRODUCT IDENTIFICATION

Bid response must be clearly identified by item number or farm part number as requested on the Cost Price Sheet. Adequate detailed specifications of the items offered for bid must be included on the feed tag to insure that the item(s) being bid meets all specifications.

4.8. ALTERNATE PRODUCTS

The manufacturer’s products shown on Attachment A - COST SHEET are currently being used at the DOC. Bidder may offer an alternate manufacturer product believed to be an equal. Any alternate product(s) bid must be clearly identified by item number or farm part number. Adequate detailed specifications of the product offered must be included with the bid by means of a feed tag to establish equivalency and to insure that the product being bid meets all specifications. The DOC will be the sole judge of equivalency and acceptability.

5.0 PRICING

5.1 FIRM PRICES

Prices must remain firm for the initial six (6) month of the initial contract term. Prices established may be lowered due to general market conditions.

Every six (6) months, beginning December 15, 2020 and continuing for each subsequent six (6) month period but not sooner than fifteen (15) days prior to the end of December and the end of June, for this contract period and any subsequent renewals, The BCE Correctional Farms will notify the awarded vendor of any changes in ingredients and anticipated changes in quantities of commodities or intended for purchase by providing the vendor written copies of the feed and feed supplement Cost Price Sheets. The Cost Sheet will have the updated ingredient list. The awarded vendor will provide a written quote stating prices for those commodities, for the next six (6) month period. The written quote must be returned to the requestor no later than five (5) days prior to the end of each six (6) month period. It is permissible to respond by fax or e-mail for the second through tenth, ten (10) month increments, only. Upon acceptance these prices and quantities will constitute an amendment to the contract with all other Terms and Conditions remaining the same.

The awarded vendor will not change in any six (6) month period, the pricing may change based on ingredients or quantities but the original awarded vendor will remain constant for the duration of the contract.

5.2 PRICE INCREASE REQUESTS

Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 30 calendar days prior to the proposed effective date for acceptance or rejection. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall 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.

Contractor must submit invoices that reflect the prices established for the item(s) on this Contract for all orders placed by an Authorized User.

Only properly submitted invoices will be officially processed for payment. Prompt payment requires that Contractor invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

· Contractor name

· Remit to address

· Purchase order number

· Charges in the same format as the terms of the contract

The original invoice must be sent to the email address indicated on the purchase order.

The contract is limited to the commodities listed in the contract document or accompanying attachments or amendments. Items 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.

If the DOC is dissatisfied with the quality of the Commodity, 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 Commodity 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.

6.2 SUBCONTRACTING

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

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

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

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

The prime Contractor will be responsible for Contract performance when subcontractors are used. However, when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors are to be used, the bidder must clearly explain their participation.

The State of Wisconsin is committed to the promotion of minority business in the State's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the State's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Supplier Diversity Program should have the maximum opportunity to participate in the performance of its contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

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

The State of Wisconsin policy provides that disabled veteran-owned businesses certified by the Wisconsin Supplier Diversity Program should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to disabled veteran-owned businesses or by using such businesses to provide goods and services incidental to this agreement, with a goal of awarding at least 1% of the contract price to such businesses.

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

Minority and Targeted Business Participation Quarterly Reports shall be due fifteen (15) calendar days after the end of the quarter, 9/30, 12/31, 3/31 and 6/30. The form (DOA-3234) for submitting this information is available from the VendorNet Department of Administration Forms Page: http://vendornet.state.wi.us/vendornet/doaforms/doa-3234%20Minority%20Business%20Quarterly%20Report.doc.

The report shall be submitted even if there is no activity.

Submit to:

Email (preferred): DOCDMSPurchasing@wisconsin.gov Please list “MBE Purchasing Report” in email subject line.

Or, mail the report to: Department of Corrections Purchasing Services Section Attn. MBE Purchasing Report

PO BOX 7991

Madison, WI 53707-7991

The State reserves the right to request additional reports from the Contractor at no additional cost. Contractor shall use every effort to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the time the request was submitted. These reports shall be in a form approved in advance in writing by the State.

A searchable directory of certified minority business as well as certified disabled veteran-owned business can be accessed via this website: https://wisdp.wi.gov/search.aspx . Information about the Wisconsin Supplier Diversity Program, including contact information, is available on Department of Administration website: http://www.doa.state.wi.us/Divisions/Enterprise-Operations/Supplier-Diversity-Program.

6.4 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.

6.5 TOBACCO-FREE ENVIRONMENT

All DOC Facilities are tobacco-free. Contractors are not to possess or use any tobacco product while providing services to DOC owned facilities.

6.6 SECURITY, EMPLOYEE IDENTIFICATION AND CREDENTIAL REVIEW

All Contractors’ employees, while working on DOC property, MUST wear a clearly displayed photo identification badge showing they are employees of the Contractor. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required. Contract staff will need to be properly identified with a valid Wisconsin or other State’s driver’s license before entrance into an institution.

DOC requires that all Contractors providing services on DOC property 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 Contractor, and records will be maintained by the Contractor.

Criminal background checks must be successfully completed prior to entrance.

6.7 BACKGROUND CHECKS OF CONTRACTOR’S STAFF AND APPLICANTS

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

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; and

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.

6.8.2 In compliance with the Prison Rape Elimination Act (PREA), the Contractor shall implement policies and procedures for its staff or job applicants who may have contact with offenders or juveniles that include the following items.