7740 Bull Semen and AI services final.docx

JJJ-7740 Page 19 of 20 Holstein and Angus Bull Semen and/or Artificial Insemination Services for Dairy Cattle

REQUEST FOR BID

HOLSTEIN AND ANGUS BULL SEMEN AND/OR ARTIFICIAL INSEMINATION SERVICES FOR DAIRY CATTLE

JJJ-7740

Issued: March 31, 2020 Responses Due: April 28, 2020

STATE OF WISCONSIN

DEPARTMENT OF CORRECTIONS

REQUEST FOR BID (RFB) #JJJ-7740

Holstein and Angus Bull Semen and/or Artificial Insemination Services 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

6.0 SPECIAL CONDITIONS

7.0 REQUIRED FORMS AND ATTACHMENTS

8.0 STANDARD TERMS AND CONDITIONS

ATTACHMENTS

· Attachment A, Cost Price Sheet

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 from vendors for the purchase of Holstein and Angus Bull Semen. DOC also requests bids for Artificial Insemination Services for Dairy Cattle located on the Waupun, Fox Lake, and Oregon State Farms.

The scope of this bid is to solicit prices from vendors who will be able to furnish Holstein and Angus Bull Semen for the Waupun, Fox Lake, and Oregon State Farms. Multiple Bidders will be awarded contracts for Holstein and Angus Bull Semen. DOC is also soliciting bids for Artificial Insemination Services for Dairy Cattle, to be performed at the Waupun, Fox Lake and Oregon State Farms, on an as needed basis under the terms stipulated in this RFB. Artificial Insemination Services will be awarded to a single Bidder with the lowest total cost as shown on Attachment A, Cost Sheet, for each location.

1.2 CONTRACT TERM

The contract term will begin on the date of award for an initial period of two years with two (2) two-year renewal options by mutual consent. Any extension beyond the contract term must be authorized by mutual agreement of the Contractor and DOC.

1.3 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

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

1.4 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.

1.5 CANCELLATION AND TERMINATION

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

1.5.1 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.

1.5.2 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.

1.5.3 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.

1.6 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

Please note that mail or hand delivery may not be available if State Office Buildings are closed or if there are reduced staff available due to the CoVID-19 situation. It is highly recommended that bidders submit their bids via eSupplier.

Instructions for each bid submittal method are 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 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:

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: Holstein and Angus Bull Semen and/or Artificial Insemination Services

· RFB Number: RFB #JJJ-7740

· RFB Due Date: April 28, 2020 2:00 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.

Please note that mail or hand delivery may not be available if State Office Buildings are closed or if there are reduced staff available due to the CoVID-19 situation. It is highly recommended that bidders submit their bids via eSupplier.

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 the State 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. Bidder shall provide a percentage discount for all Holstein and Angus Bull Semen purchases. The price for Artificial Insemination Services shall be an individual cost per animal serviced. All bids must include packaging, insurance, travel, and delivery costs. In the event of errors in calculation, unit price shall prevail.

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 Bidder, the Bidder is stipulating that their bid submitted is predicated upon the terms and conditions of this RFB and any amendment(s) thereof. Bids submitted in response to this RFB must be signed by the person in the Vendor’s organization responsible for the pricing decision or by a person authorized agent.

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

2.4.1 ATTACHMENT A: COST SHEET SUBMITTAL INFORMATION

Bidder shall follow the RFB and Attachment A, Cost Sheet, instructions and submit all bid prices as required on Attachment A, Cost Sheet. Bid prices must include packing and insurance costs along with delivery per the RFB instructions. Failure to include all items and FOB Destination Freight Prepaid Included and Installed in bid price may disqualify bid.

To be considered as a vendor for Artificial Insemination Services, bidder must submit with their bid price per individual animal serviced with the Bidder’s company semen and also submit a price per individual animal serviced with the competitor’s semen. In addition, include written documentation as listed in 4.1.2.

To be considered as a vendor for Holstein or Angus Bull Semen and/or Artificial Insemination Services, Bidder must submit in writing that they will and can meet the criteria listed in Section above with discounts listed.

Quantities listed are estimates based on the anticipated need.

2.4.2 STATE OF WISCONSIN TERMS AND CONDITIONS

The standard terms and conditions (DOA-3054) and supplemental terms and conditions (DOA-3681) 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-7740 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.

DOC cannot guarantee that the office will be open to the public on April 28th due to the fluidity of the current Covid-19 situation and therefore vendors may not be able to hand deliver their bids and/or the State mail system may be interrupted. All vendors are strongly encouraged to compile all of their bid documents into one (1) pdf and upload into eSupplier to ensure that their bids are received by the due date and time.

3.3 BID REVIEW

Bids will be reviewed by DOC to verify compliance with specified requirements in this RFB. This verification may include, but 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 to all responsive, responsible bidder(s) 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.

DOC will award to all Bidders in the semen category. DOC will award to the lowest total cost of a responsible, responding Bidder for the Artificial Insemination Services. The purchases of Holstein and Angus Bull Semen and Artificial Insemination Services for Dairy Cattle will be purchased on an “as needed” basis for the Waupun, Fox Lake, and Oregon State Farms.

Selection of semen from herd sires offered by the vendors will be at the sole discretion of the Waupun and/or Oregon State Farms Manager, Herdsperson(s) and/or designee.

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.

Any award resulting from this solicitation will NOT be made to a broker.

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 the front page, form DOA-3070.

3.6 DISABLED VETERAN-OWNED BUSINESSES

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

3.7 NOTIFICATION OF 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 of the product and services 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.

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

No alternates will be accepted.

4.1. BIDDER QUALIFICATIONS

4.1.1 Bidder must be in the business of providing Holstein or Angus Bull Semen and/or Artificial Insemination Services for Dairy Cattle and must have done so for the past three (3) years. DOC reserves the right to request documentation be submitted by Bidder to support this.

4.1.2 Bidders for Artificial Insemination Services shall provide proof of all required certifications as requested by DOC.

4.1.3 Bidder must submit documentation from three (3) comparable sized farms indicating a minimum conception rate of:

· Heifers: 1.5 to 1.8

· Cows: 2.1 to 3.0

4.2. SITE VISIT (OPTIONAL)

Bidders may visit the job site that they plan to submit a bid on prior to submitting that bid to assure themselves and the DOC that they fully understand all requirements of the project. No additional charges shall be allowed for lack of information. Contact Jason Hensel at Waupun and Fox Lake State Farms: (920) 324-2912 or (608) 872-0019. Contact Eric Trumm at Oregon State Farm (608) 835-5784 or (608) 501-8156 to arrange a time to visit the job site. You will need to allow for 3 business days to have a background check completed and approved before arriving at the farms.

4.3. SPECIFICATIONS

4.3.1. HOLSTEIN BULL SEMEN

· Bull must have TPI (Total Performance Index) of 1400 or greater.

· Bull must have a milk projection of 500 lbs. or more and a reliability of 75% or more on this trait

· Bull must have a somatic cell score of 2.75 or less and a reliability of 75% or more on this trait.

· Bull must have a productive life score of 1 or better and a reliability of 75% or more on this trait.

· Bull must have a FLC (Feet and Leg Composite Index) of 1 or better and a reliability of 85% or more on this trait.

· Bull must have a foot angle score of .5 or better and a reliability of 85% on this trait.

· Bull must have an Udder Composite Index of 1 or better and a reliability of 85% on this trait.

· Bull must have a PTA Type Score (Predicted Transmitting Ability Type) of 1 or better and a reliability of 85% on this trait.

· Bull must have a PTA DPR (Daughter Pregnancy Rate) of .2 or better and a reliability of 60% or better on this trait.

· Bull must have a PTA DCE (Daughter Calving Ease) of 7% or lower with a reliability of 75% or better on this trait.

· Must meet criteria in bullet points 1 through 10, above.

· Genomic Young Bulls, Young Sires and clean-up bulls must meet the criteria listed above, bullet points 1 through 10, above, based on pedigrees only.

· Bulls will be verified and selected utilizing each locations current mating selection program.

· Holstein Bull Semen will not be accepted or used on BCE Farms that have the CVM (Complex Vertebral Malformation) trait in the sire.

4.3.2. ANGUS BULL SEMEN

· Sires must be approved by the farm manager or designee prior to use.

4.3.3. ARTIFICIAL INSEMINATION BREEDING SERVICE

· Bidder must be able to provide AI service at both the Waupun, Fox Lake, and/or Oregon State Farms. The approximate time being 7:00 am to 11:00 am, 365 days a year. This time can be negotiated with the farm manager along with holiday breeding schedule.

4.3.4. To be considered as a vendor for Artificial Insemination Services, bidder must submit with their bid price per individual service utilizing the Bidder’s company semen and also submit a price per individual service utilizing the competitor’s semen. In addition, include written documentation as listed in 4.1.2.

4.4. 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.

4.5. ON SITE SERVICES

In carrying out the scope of this Contract, the Contractor shall be required to perform services on DOC property. The price bid must include all transportation, insurance, or any other cost associated with providing on-site services.

4.6. DELIVERY

Delivery of product will be made by a route truck. If the vendor doesn’t have the required products, the delivery will be made on the next regular route truck delivery. All packaging will be industry standard.

5.0 PRICING

5.1 FIRM PRICES

Prices for Artificial Insemination Services for Dairy Cattle must remain firm for the length of the contract. Prices for Holstein and Angus Bull Semen will fluctuate based on market pricing. Prices established may be lowered due to general market conditions.

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) and services 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

· Prices per the Contract

The original invoice must be sent to the email address indicated in the comments section of the purchase order.

Payments will be made according to the ST&C, Section 11.0.

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.

6.3 AFFIRMATIVE ACTION

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

AFFIRMATIVE ACTION MANAGER/ PURCHASING SERVICES

DEPARTMENT OF CORRECTIONS

3099 E WASHINGTON AVE

PO BOX 7991

MADISON WI 53707 7991

Contractors are encouraged to contact this office at, (608) 240-5571, for technical assistance on equal opportunity.

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

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

6.4 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.

6.5 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.

6.6 ACCESS TO DOC INSTITUTIONS AND INSIDE FACILITY DELIVERY

The services identified in this RFB must be provided on-site at the Waupun, Fox Lake, and Oregon State Farms. Vehicles will be subject to a search upon entering and leaving the Waupun State Farm. Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers, and/or any other restricted items, etc. will not be allowed to enter. Possession of contraband may be reported to local law enforcement.

The DOC will not be responsible for any additional charges resulting from being denied entry by non-compliant personnel.

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. The DOC shall not enlist the facility-based services of any contractor or contractor staff who:

1. Has engaged in sexual abuse in a confinement facility;

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

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

6.8.3 In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the criminal offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration the factors related to the position, the offense and the individual.

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

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

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

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

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

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

6.8 FRATERNIZATION

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

1. Prohibiting certain relationships and conduct between Contractor's employees, adult and juvenile offenders, and their relatives. This must also be substantially equivalent to DOC's policy as expressed in Executive Directive 16, August 2004 -Revised January 2019. A copy of Executive Directive 16 may be obtained from the DOC Contract Administrator.

1. The policy shall provide for the following definitions

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

0. Relationship

0. Offender

0. Social Media

0. Sexual Contact

0. Sexual Intercourse

0. Sexual Misconduct

1. A statement detailing prohibited relationships.

1. A statement detailing prohibited sexual conduct.

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

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

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

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

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

6.9 PRISON RAPE ELIMINATION ACT (PREA)

PREA language in which the Contractor enters a DOC-operated facility In compliance with the Prison Rape Elimination Act, the CONTRACTOR shall implement policies and procedures for its staff or job applicants who may have contact with offenders or juveniles that include the following items. The DOC shall not enlist the facility-based services of any contractor or contractor staff who:

1. Has engaged in sexual abuse in a confinement facility;

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

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

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

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

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

D. The CONTRACTOR staff shall notify the DOC immediately of any knowledge, suspicion or information regarding an incident of sexual abuse or sexual harassment that occurred in a facility, whether or not it is part of DOC; any incidents of retaliation against offenders, juveniles or Contractor staff who reported such an incident; and/or any Contractor staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The CONTRACTOR staff shall report this information immediately to a DOC supervisory staff member who is not the subject of the allegation, unless reporting to such a person compromises the safety of the alleged victim, witness(es) and/or reporter. In those instances the CONTRACTOR staff shall report this information immediately via email to DOCSECOSOPREAInvestigations@wisconsin.gov and follow-up with a phone call to the DOC PREA Office at (608)240-5000. See 28 C.F.R. §§ 115.61 and 115.361.

E. The CONTRACTOR staff shall comply with any applicable mandatory child abuse or vulnerable adult reporting laws. See 28 C.F.R.