7913 Seed Fertilizer and Chemicals Final.docx

Seed, Fertilizer and Chemicals Due Date: July 30, 2020 at 3:00PM CDT

REQUEST FOR BID

SEED, FERTILIZER AND CHEMICALS FOR CORRECTIONAL FARMS

JJJ-7913

Issued: July 7, 2020 Responses Due: July 30, 2020 at 3:00PM CDT

Table of Contents

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids for the purchase of Seed, Fertilizer, and Chemicals on behalf of the Bureau of Correctional Enterprises (BCE). Bidders are not required to offer all products to be eligible to be awarded a contract. DOC intends to use the results of this bid to award contracts to multiple Contractors. The resulting contracts will create a call list that the farms will use to receive quotes each time they are ordering products. The DOC does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract.

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

1.3 CONTRACT TERM

This Contract will be for an initial three-year period. This contract will 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). The Contract may be renewed for up to an additional two 2-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.

The RFB documents, the awarded Bidder's response as accepted by the DOC, and any purchase orders related to this RFB shall become the Contract between the parties, unless a separate Contract is executed.

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

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing commodities 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.

1.5 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 Procuring Agency, 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.

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

1.6 COOPERATIVE PURCHASING SERVICES

Commodities 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 commodities procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities.

1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. 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.

Certain qualifications/Specifications will be presented by the DOC as itemized questions that require an affirmative response from you that you can meet them (e.g., "yes/no" prompt, dropdown 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 you cannot meet, you must check "no" 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.

2.0 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.

2.1 Bidder shall have 2 years’ experience supplying and delivering seed, fertilizer, and chemicals.

2.2 Bidder shall be an original manufacturer, distributor or dealer authorized by the manufacturer

3.0 MANDATORY SPECIFICATIONS OF BID

All requirements in this section are mandatory and shall be met at no additional cost to DOC.

3.1 TECHNICAL SPECIFICATIONS

Bidder shall use the following information to respond to this section.

3.1.1 SPECIFICATIONS FOR SEED COMMODITIES

· Vendors must be able to treat seeds as specified at the time of order (I.E. Corn and Soybean seed)

· Vendors must have the ability to treat seed upon delivery (I.E. Corn and Soybean seed)

· Performance data, including local yield results, must be available, via email, upon request

· All seed must be delivered in either bulk or bags, as specified at the time of order

· Any unused seed must be returnable to vendor if not treated at no cost to the State

· Seeds must be invoiced immediately after order placement to take advantage of the best early booking and payment discounts

· Various types of seed will be requested to meet the needs of the correctional farm operations. Seed type listed below are commonly ordered, other types of seed may be requested as needed to meet operational needs

3.1.2 SPECIFICATIONS FOR FERTILIZER

· Fertilizer shall be in liquid and granular form

· Fertilizer will change regularly based on the needs of each farm

· Fertilizer to be delivered with usage of fertilizer spreader included, at no cost to the State

· Airflow Application may be requested as needed

· Some fertilizers may be ordered and need to be mixed by the dealer to be applied together

3.1.3 SPECIFICATIONS FOR CHEMICALS

· Chemicals shall be in liquid and granular form

· Chemicals will change regularly based on the needs of each farm.

· All chemicals delivered in bulk must be clearly labeled with the product type and size on the side of the container

· Vendor must provide chemical pumps with each bulk product

· Unused and unopened chemicals must be returnable to vendor at no cost to the State

3.2 PERFORMANCE AND SUPPORT SPECIFICATIONS

3.2.1 TIMELINESS OF DELIVERY

Delivery will be established by the Correctional Farms Manager as soon as possible after receipt of a purchase order.

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

4.0 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.

4.1 ORDERS

No Commodity 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. The fiscal years or portions thereof which apply to this Contract are: September 1, 2020 through June 30 2021 and July 1, 2021 through August 31, 2021

4.2 DELIVERY REQUIREMENTS

Delivery requirements are as follows: 30 Days ARO, unless prior approval is provided by the purchasing farm. Failure to accept this delivery requirement may disqualify the Bid.

Farm locations will place orders directly with the contractor. NO DELIVERIES ARE TO BE MADE WITHOUT A PURCHASE ORDER.

Delivery Times: 7:00 A.M. to 5:00 P.M. Monday through Friday. Deliveries on Saturday, Sunday or Holidays are accepted on an as needed basis.

Shipments delivered to DOC must be on four way entry pallets. Pallets must be in good condition, no broken boards or rails. Multiple packages may be banded or shrink-wrapped on a single pallet. Products must not exceed the pallet dimensions (40”x48”x60”H), with no overhang. All hazardous materials must be picked, packed, wrapped, labeled, sorted and shipped per all Federal and State regulations.

DOC will not accept damaged hazardous material.

4.3 DUPLICATES AND OVER SHIPMENTS

Upon notification by DOC of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within 30 business days of receipt of written notification from the DOC, the Department shall dispose of them at its discretion and will not be held liable for the cost.

4.4 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the DOC incurring no costs for returned goods.

The DOC 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 DOC 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 NEW AND DISCONTINUED ITEMS

DOC reserves the right to add new products based on customer requirements, changes in technology, or changes to standards unknown at the time of this bid; or to delete existing/outdated products. Contractor(s) will provide any new products developed during the term of the contract as long as those products fall within the original scope of this bid. DOC retains the right to approve or reject any new items or any substitute items that replace discontinued items covered under this bid.

4.6 RANDOM PRODUCT SAMPLING

Upon delivery and before payment of an invoice, any part of the 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 the Procurement Manager.

4.8 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 if contracted staff will enter a DOC Facility or secure facility, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Commodity 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 for detailed background check requirements for DOC.

4.9 AUDITING

A. 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.

B. 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.

C. 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.

4.10 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.

4.11 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 for more detailed DOC requirements.

4.12 PAYMENT TERMS

Payment will not be made until the Seed, Fertilizer, or Chemicals 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.

4.13 INVOICING

4.13.1 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

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

The original invoice must be sent to the DOC email address that is listed on the purchase order. Those DOC email addresses will be provided to the Contractor prior to contract start date.”

4.13.2 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.

4.13.3 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.

4.14 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by Wis. Stat. §101.58, the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container or single product. The distributor, manufacturer, or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets shall be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

Safety Data Sheets shall be provided as stated herein to:

Agency Name Agency Division, Bureau Program Manager Name, Title Agency Address Agency Address City, State and Zip Code

4.15 CERTIFICATES OF INSURANCE

INSURANCE POLICY INSPECTION (Commodity) 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.

A certificate of insurance is not a requirement of the RFB.

4.16 ACCESS TO DOC FACILITIES

Please refer to the DOC Rider for detailed information related to access to DOC Facilities.

4.17 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.

4.18 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.

4.19 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 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

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit Attachment A – Bid Response Sheet to create a call list. The call list will be used to request quotes each time the farms order seed, fertilizer, or chemicals.

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

Delivery will be made by common carrier or Bidder's vehicle, with unloading to be performed by the carrier or Bidder and carton(s) transported to the interior or ground floor, or inside dock at the addresses listed below. Bid prices shall include all packing, freight, insurance charges, and installation/operation manuals.

Waupun State Farm, W6199 St Hwy 49 E, Waupun, WI 53963

Oregon State Farm, 5140 Cty Hwy M, Oregon, WI 53575

The exact delivery location will be specified on the individual Purchase Order(s).

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

Universal and Hazardous Waste shall be removed by Bidder in accordance with State and Federal regulations and guidelines.

5.3 PRICE SHEET INSTRUCTIONS

Bidders shall complete Attachment A – Bid Response Sheet. Bidders may not alter the Bid Response Sheet in any manner unless instructions on the Bid Response Sheet indicates otherwise.

5.4 REQUESTING PRICE ADJUSTMENTS

5.4.1 Price increases will not be permitted after orders have been placed and prepaid. DOC may also ask the dealer to honor pricing in situations where additional similar products are required. Any request for price increased on additional similar products may result in DOC requesting bids for the additional materials that are required.

In the event of a surcharge request (e.g., fuel, energy, transportation), the Contractor shall provide a signed notification letter on company letterhead detailing the effective date, the amount, written justification, and any additional information necessary to understand and fully implement the surcharge.”

Any request for surcharges shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. Documentation used to justify a price increase for the Commodity cannot also be used to justify the amount of any surcharge.

Notification letter(s) shall be received by the Contract Manager no less than thirty (30) calendar days prior to the suggested effective date of the surcharge. The Contract Manager shall approve all surcharges before they are effective for Contract orders.

Decreases to or the elimination of surcharges may occur at any time. Upon request and throughout the course of the surcharge, the Contractor shall submit additional documentation to justify the continued assessment of any surcharge.

5.4.5 The following additional costs or fees are not allowed in any Bid:

· Delivery location fees

· Small order/“minimum order” fees

· “Special order” fees

· Return fees (e.g., restocking fees)

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 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.

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by July 15, 2020. 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 # JJJ-7913 and directed to the Procurement Manager

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.

6.3 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: Jeff Johnson (608) 240-5501 DOCProcurementManager@wisconsin.gov

6.4 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/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 Commodity/service 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.

6.5 PRE-BID SITE VISIT

A Site Visit will not be held.

6.6 BIDDER CONFERENCE

A Bidder Conference will not be held.

6.7 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials (see Attachment B) 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.

6.7.1 ELECTRONIC BID 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.

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 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 Vendor response, Vendor shall click the Submit button and receive verification that the Vendor response has been submitted.

6.7.2 MAILED or HAND DELIVERED BID SUBMITTAL

The front entrance to DOC Central Office is currently not 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.

If Bidders elect to mail or hand deliver a bid, Bidders shall submit an original signed Bid, marked as stated below, one hard copy labeled “copy” and one ELECTRONIC version (Word or PDF saved on a flash drive or memory stick) of all materials required in Section 6.8 for acceptance of their Bid by the deadline to:

All Bids shall be received and time-stamped at the above location no later than July 30, 2020 3:00PM CT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOC Procurement Office.

All Bids shall be packaged, sealed in a box or envelope, and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS

RFB TITLE: Seed, Fertilizer and Chemicals

RFB NUMBER: JJJ-7913

RFB DUE DATE AND TIME: July 30, 2020 at 3:00PM CDT

The State is not responsible for deliveries that do not reach the DOC Procurement Office by the required due date and time.

6.8 FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

Bidders responding to this RFB outside of the Wisconsin eSupplier Portal shall comply with the following format requirements:

Bidder Required Form: Include the signed, required form (DOA-3832) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the Bidder’s organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed Bid, the Bidders signatories certify that in connection with this procurement: (a) the Bidder’s organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition; (b) the prices quoted in the Bid have not been knowingly disclosed by the Bidder's organization or by any agent of the Bidder's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor; and (c) no attempt has been made or shall be made by the Bidder's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms: These Terms and Conditions shall govern this Bid and subsequent award. Bidders shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard Bidder 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 Bidder's response. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Additional Information: Include all additional information that shall be essential to an understanding of the Bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the Bid document.

Information: Provide information on the Bid Response Sheet, Attachment A, included in this RFB. Include one hard copy of the Bid Response Sheet with the Bid response and one electronic copy in Excel format. 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.

Bid Response Qualifications and Requirements: The Bidder shall include the Bid Response Qualifications and Requirements Attachment B, included in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed.

6.9 INCURRING COSTS

Neither the State of Wisconsin nor the DOC is liable for any costs incurred by the Bidder in responding to this RFB.

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

Bids will be opened on the date and time indicated in Section 6.1 at 3099 E. Washington Ave., Madison WI, 53704. 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 to the Procurement Manager, within one business day.

7.2 BID REVIEW

All Bids will be reviewed by the DOC's Procurement Manager to ensure compliance with submittal requirements. DOC shall be the sole judge as to Bidders' compliance with the Bid instructions.

7.3 BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. DOC in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

7.4 METHOD OF AWARD

Award(s) shall be made to multiple responsive, responsible dealers (i.e. bidders) meeting bid specifications and requirements, which is judged to be in the best interest of the DOC. All Bidders shall complete and return Attachment A – Bid Response Sheet to be considered for an award. A call list will be established from the authorized dealers submitting bids. The call list may include multiple dealers from each company for each geographic service area. The 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.

Each time that an order is to be placed, a request for quote will be sent to all awarded bidders in the category in questions. The order will be placed with the lowest bidder from the quotes received.

Vendors will be required to respond to a Request for Quote within 5 Days of the request being sent via email. The award for each commodity purchase will be based on the current lowest price.

The DOC intends to award to Multiple Bidders, whichever is judged to be in the best interest of the State. The DOC is the sole determinant of its best interests.

7.5 BIDDER REFERENCES/CLIENT LIST

The Bid shall include Bidder references by completing the DOA-3832, listing at least three (3) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last two (2) years. For each organization listed, the Bidder shall include the company name, address, contact person, email address, and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The DOC will determine which references to contact in order to assess the quality of the product or service.

7.6 USE OF SUBCONTRACTORS

The Contractor will be responsible for the Contract performance of its subcontractors. The Contract will be between the DOC and the awardee. The Contractor will be responsible for its subcontractors' performance of the pertinent Contract obligations including related Specifications, insurance requirements, and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract.

All subcontractors shall be approved in writing by the DOC. Any proposed substitution of an approved subcontractor shall be submitted in writing to the DOC 30 calendar days prior to implementation of the substitution, and include the substitute's qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the DOC may result in cancellation of the Contract without notice and without penalty to the State.

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

Minority-Owned Business Enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs 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 MBEs or by using such enterprises to provide commodities and Services incidental to this agreement.

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their Contract amount, and spend for each period to the Procuring Agency.

A listing of certified MBEs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.7.2 VETERAN-OWNED BUSINESS

The State of Wisconsin encourages the participation of Veteran-Owned Businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037). There is no price preference for certified VBs that compete for State Contracts.

Contact the DVA at: http://dva.state.wi.us.

7.7.3 DISABLED VETERAN-OWNED BUSINESS

Disabled Veteran-Owned Businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at:

https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs 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 DVBs or by using such enterprises to provide commodities and Services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

Woman-Owned Business Enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: https://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.aspx.

State-certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking Contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the Services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.8 NOTIFICATION OF AWARD

All Bidders who respond to this RFB will receive the notification of award(s) in writing.

8.0 REQUIRED FORMS

The following is a list of forms pertaining to this RFB.

· DOA 3832 Bidder Required Form

· DOA 3054 Standard Terms and Conditions

· DOC 2818 Contractor Compliance Agreement

· Attachment A Bid Response Sheet

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