8252 RFB Transcription Services.pdf

REQUEST FOR BID

TRANSCRIPTION SERVICES

RLH-8252

Issued: May 13, 2021 Responses Due: June 17, 2021

Table of Contents

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

3.0 MANDATORY SPECIFICATIONS

3.1 STAFF QUALIFICATIONS, TRAINING, AND EXPERIENCE

3.2 TECHNICAL SPECIFICATIONS

3.3 TRANSITION AND IMPLEMENTATION PLAN

3.4 PROGRAM REQUIREMENTS

3.5 REPORTS

3.6 PERFORMANCE REQUIREMENTS

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 EXECUTING SERVICES OR PURCHASE ORDERS

4.2 BACKGROUND CHECKS

4.6 TOBACCO-FREE ENVIRONMENT

4.7 FRATERNIZATION AND OTHER DOC POLICIES/

4.8 BUSINESS ASSOCIATE AGREEMENT

4.9 PAYMENT TERMS

4.9 INVOICING

4.12 CERTIFICATES OF INSURANCE

4.13 ACCESS TO DOC FACILITIES

4.14 TERMINATION FOR CAUSE

4.15 TERMINATION FOR CONVENIENCE

4.16 CONTRACT CANCELLATION

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 PRICE SHEET INSTRUCTIONS

5.3 FIRM PRICES

5.3 REQUESTING PRICE ADJUSTMENTS

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.7 SUBMITTING A BID

6.7.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED)

6.7.2 MAILED or HAND DELIVERED BID SUBMITTAL

6.8 FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS

6.9 MULTIPLE BIDS

6.10 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 PROTEST AND APPEALS PROCESS

7.5.1 APPEALS

7.6 BIDDER REFERENCES/CLIENT LIST

7.7 USE OF SUBCONTRACTORS

7.8 SUPPLIER DIVERSITY

7.9 DEBARMENT

7.10 NOTIFICATION OF AWARD

8.0 REQUIRED FORMS

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.

Agency

An office, department, Agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

ARO After Receipt of Order

Authorized User State agencies, political subdivisions, and municipalities authorized by state statutes to use state contracts

Bid

A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

Bidder A person or firm that responds to this Request for Bid

Contract

The final version of any contractually binding agreement between the State and the Contractor relating to the subject matter of this RFB;

references to the Contract include all exhibits, attachments and other documents attached thereto or incorporated therein by reference

Contract Administrator

The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager

The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved with the Contract Administrator; and

2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals, and termination.

Contractor(s) The person(s) or entity/ies awarded a Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual Services, or leasing real property to the DOC.

Contractor Staff Includes all Contractor employees, interns, subcontractors, temporary employees, independent contractors, and volunteers

Cooperative Purchasing

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Disabled Veteran- Owned Business

(DVB)

A business that has been certified by the Department of Administration under Wis. Stat. §16.283

DMS Division of Management Services

DOC Department of Corrections, Procuring Agency for this bid

DOC Facility Any location owed and/or operated by the Department of Corrections

DOC Rider Additional contractual requirements specific to the Department of Corrections

DOC Staff Includes all employees, interns, temporary employees and volunteers

Minority-Owned Business Enterprise

(MBE)

A business that has been certified by the Department of Administration under Wis. Stat. §16.287

Municipality

Any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (Wis. Stat §16.70(8)).

Notice of Intent to Award

A writing issued by the DOC notifying all Bidders of the DOC's intent to award a Service Contract to the successful Bidder(s), or in the case of Services, the DOC's intent to award a Contract to the successful Bidder(s).

Person in our Care

(PIOC)

An adult in DOC custody

Procurement Manager The individual responsible for overseeing and administering the procurement process for a Bid.

Responsible

A Bidder who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFB.

Responsive A bid that conforms in all material respects to the requirements set forth in the RFB.

RFB Request for Bid

Services or Contractual Services

Includes actions, assessments, treatments, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related materials necessary to fulfill that which the successful Bidder is obligated to accomplish or to provide under this RFB.

Specification

A descriptive statement of the physical, functional and performance characteristics of the Service or commodity required by the DOC. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement".

Supplier Bidder that has been awarded a contract

State Holidays January 1, Martin Luther King Jr Holiday, Memorial Day, Independence Day, Labor Day, Thanksgiving, December 24, 25 and 31 (as observed)

System Vendor client solution used to capture audio and manage client transcriptions

USPS United States Postal Service

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids for the purchase of transcription services and intends to use the results of this process to award a Contract.

Under the Office of the Secretary, the Internal Affairs Office (IAO) and the Prison Rape Elimination Act (PREA) Office are responsible for statewide education, compliance, audits, data collection and investigations. IAO and PREA use transcription services for interviews conducted as part of the administrative investigations into allegations of staff misconduct and / or allegations of sexual abuse and sexual harassment.

DOC anticipates utilizing 120,000 to 190,000 lines of transcription per month. Bids that require a minimum number of Units of Service will be rejected. DOC does not guarantee it will 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 run for an initial two-year period. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two - two-year periods. The Contract shall be effective on the date it is executed by the DOC. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

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

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

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 DOC, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

Final Signed Contract with clarifications included Bid Response as accepted by the DOC Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

Official Purchase Order Bid Response as accepted by the DOC Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Services procured through this bid may be made available to Municipalities upon agreement of the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities procured under the Contract at the same rates agreed to by the DOC and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the DOC and providing appropriate documentation and support and reporting Contract usage by Municipalities.

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.

Bidder shall have an established track record of providing transcription services as outlined below:

2.1 Bidder shall have a minimum of 5 years in the business of providing transcription services (service) and must have done so for the past 5 years.

2.2 Bidder shall have maintained at least 100 active accounts for transcription in the past 5 years.

2.3 Bidder shall have transcribed at least 10 million lines of text per year for the last 5 years.

2.4 Bidder shall have a proofreading and quality assurance process in place.

2.5 Bidder shall have a track record of 99% system up-time over the last 5 years.

Bidder shall submit documentation of the organization’s experience and qualifications in providing the services as described above. Be specific. Identify services, dates and results. Attach copies of any applicable certifications.

3.0 MANDATORY SPECIFICATIONS

All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid.

3.1 STAFF QUALIFICATIONS, TRAINING, AND EXPERIENCE

Bidder shall have adequate staff with the required skills to ensure the quality and effectiveness of program services. Bidder shall also ensure that the staff is receiving appropriate training and education to maintain quality services.

3.1.1 Current administrative staff shall have at least 5 years of transcription experience.

3.1.2 Transcriptionist used in this contract shall be English-speaking US citizens

3.1.3 Toll-free support must be available 24-7, and staffed by English-speaking US citizens.

Within 5 business days of receipt of the Notice of Intent to Award, bidder shall submit a list of staff names providing documentation of staff training, experience and qualifications in providing the services as described above. The format of the documentation shall include names of staff, dates, location of experience. Attach copies of any applicable certifications.

3.2 TECHNICAL SPECIFICATIONS

Bidder shall utilize an InfraWare platform system or equivalent system.

The DOC will be the sole judge of equivalent acceptability between Bidders responses.

The system shall follow these guidelines:

3.2.1 The system shall be capable of using either phone or digital recorders. The dictation files should go directly from the dictation device into the system and not temporarily reside on a user’s computer or phone.

3.2.2 Text cannot be auto-generated.

3.2.3 The system must follow the State of WI privacy laws and HIPAA.

3.3 TRANSITION AND IMPLEMENTATION PLAN

Bidder shall provide a written Transition Plan as part of the bid submission documents.

The Plan must contain at a minimum:

Timeline showing implementation of Transcription services, Identify a Project Manager and outline their role.

3.3.1 Transition Plan:

A written document outlining the timeline to convert to bidder’s system, educational support available to DOC personnel using the system, and implementation schedule of new hardware.

3.3.2 Project Manager:

Identify lead person to coordinate transition with contact information. This manager shall have thorough knowledge of the transcription service, possess excellent communication skills and ability to implement the project on the time line. The Project Manager shall also be available during normal business hours, 7:30AM-4:30PM Central Time.

3.3.3 Emergency Plan:

The Emergency Plan, at a minimum, shall clearly communicate the bidder’s methods for:

Ensuring that services will be maintained if there is a natural disaster, security breech or computer system failure. The plan shall include at a minimum a backup power system with at least 48 hours reserve for power outages and at least two back up servers (minimum of one server off site).

Ensuring the privacy of the transcription materials in compliance with

HIPAA and State of WI statutes in the event of any of the above occurrences.

3.3.4 Proofreading and Quality Assurance Program:

A detailed outline of this program shall be submitted with the bid package and shall include what audits will be in place to assure accuracy of dictations and compliance with the DOC specifications, privacy laws, and staff education.

3.4 PROGRAM REQUIREMENTS

The Contractor must perform the required work in accordance with all federal and state rules and regulations. The contractor employees must be trained in privacy laws including HIPAA and WI Statutes. One transgression by an employee in this area will disqualify that employee from working on DOC transcription. Two errors by the contractor on privacy will invoke the termination clause.

Pursuant to WI State Statute 16.705(1r), all contractual services provided under the contract resulted from this solicitation must be performed in the United States. The few exceptions for State Statute 16.705 are identified within the statute.

3.4.1 Business Hours will be Monday through Friday 7:30AM -4:30PM Central Time as well as being on call seven days per week and provide emergency contact outside of business hours.

3.4.2 Contractor will immediately inform the Contract Administrator of any problems with the DOC dictation system or transmission.

3.4.3 Contractor shall provide a web-based document system that enables dictators to view, edit, electronically sign, email, and print transcriptions.

3.4.4 System shall include search and retrieve functionality, access to electronic how-to-guides or job aids, and help screens.

3.4.5 DOC administrators must be able to grant access to their respective staff for any or all of the web-based functions based upon job role.

3.4.6 Transcriptions shall be completed by the Contractor and available for review and edits by the providers no later than 48 hours from receipt of the voice dictation or recorded audio file by the provider including weekdays and weekends.

3.4.7 Contractor shall be available for stat dictations with a turnaround time of two hours or less, 24 hours a day.

3.4.8 Contractor shall provide access to the dictation system via local number or toll-free telephone dictation and digital hand-held recording device dictation. NOTE:

DOC will provide the telephones and recording devices.

3.4.9 Dictation functionality must include rewind, fast forward, pause, go to the end of dictation, playback, record and save/finish recording, as well as prompts for work type, job type, location, and patient ID number.

3.5 REPORTS

Contractor shall provide reports to assist DOC in the evaluation of the service. There shall be a contractor action plan to address any issues highlighted in these reports. The reports shall include:

3.5.1 Monthly line counts per provider for regular and stat turnaround, provided on the invoice

3.5.2 Ad hoc reporting upon request of DOC

3.6 PERFORMANCE REQUIREMENTS

3.6.1 STAFF PERFORMANCE

The contractor shall utilize, on this contract, only workers that are skilled in the tasks to which they are assigned. The DOC/DHS retains the right to require the reassignment of an employee or employees, as the Department may deem necessary. Reasons for this request may be but are not limited to incompetence, carelessness, disruptive or otherwise objectionable behavior. The request for reassignment is in no way a call for dismissal. It is just a request for the individual to be reassigned out of the State facility.

3.6.2 SYSTEM PERFORMANCE

The system proposed must be capable of performing all operations in accordance with specifications. The system shall include:

3.6.2.1 System availability shall be 99% uptime

3.6.2.2 Query response time less than 5 seconds

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 EXECUTING SERVICES OR PURCHASE ORDERS

No Service is to be provided until an official State of Wisconsin Purchase Order is issued by DOC to Contractor. When there is more than one State fiscal year (July 1 through June 30) or a portion of a fiscal year in the Contract period, a separate purchase order will be issued for each fiscal year in accordance with Department policy on the issuance of purchase orders.

4.2 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 Service or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The DOC is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements. Please refer to DOC Rider for detailed background check requirements for DOC.

4.6 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.

4.7 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.

4.8 BUSINESS ASSOCIATE AGREEMENT

The Contractor will review and execute a Business Associate Agreement (BAA) with DOC as a mandatory and critical exhibit to the Contract. A BAA must be executed before the Contractor performs any work of any kind for DOC as a result of this Request for Bid.

A copy of the current BAA template is available for review upon request.

4.9 PAYMENT TERMS

Payment will not be made until the transcription services provided 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.

4.9 INVOICING

4.9.1 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 invoices must be sent electronically to the email addresses provided on each individual purchase order. Contractor must invoice each DOC location separately.

4.9.2 The contract is limited to the services listed in the contract document or accompanying attachments or amendments. Services ordered not covered by this RFB will be considered out of scope. The Contractor should not accept or fulfill orders for items out of scope. Invoices sent to DOC for items not covered by the Contract will be denied for payment.

4.9.3 If the DOC is dissatisfied with the quality of the Service, the DOC will provide written notice to the Contractor of the deficiency. If the Contractor fails to correct the deficiency by the date identified in the notice, the DOC may withhold funds under this Contract, request reimbursement for the Service paid for but not delivered, or withhold funds due from delivery under another contract. Nothing set forth herein shall prevent or prohibit the DOC from pursuing other legal or equitable remedies.

Bidder may elect to terms of a 2% discount for payment made within 10 days of receipt of an invoice by DOC. If the bidder does not accept 2%, the bidder will be paid in 30 days from the date the invoice is received. The bidder is highly encouraged to receive their payments by Automated Clearing House (ACH).

4.12 CERTIFICATES OF INSURANCE

Throughout the term of this Contract and any renewal periods, Contractor shall maintain insurance in the types and with the limits outlined below. Policies must be issued with a 30-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin with a minimum AM Best Company rating of A-, and signed by an authorized agent. The Contractor shall provide a Certificate of Insurance to the Contract Manager, prior to the Contract start date or the commencement of services.

Worker’s Compensation Statutory Requirements $100,000 each accident $500,000 disease-policy liability limit $100,000 disease-policy liability limit for each employee

Commercial General Liability $1,000,000 each occurrence of bodily injury and property damage

$1,000,000 general aggregate, including product liability and completed operations

Automobile Liability (covering all owned, non-owned and hired vehicles)

$1,000,000 per occurrence combined single limit for liability and property damage

The certificate holder: Wisconsin Dept. of Corrections 3099 E. Washington Ave.

Madison, WI 53707

Prior to the expiration date of each policy, the Contractor(s) will provide a renewal certificate evidencing continued insurance coverage. Renewal certificates may be emailed to DOCPurchasingHelpDesk@Wisconsin.gov. Please reference the solicitation number or contract number in your email.

INSURANCE POLICY INSPECTION

Upon request by the DOC, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this Contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the DOC’s Risk Manager and the signature of an authorized agent.

The policies and/or certificates shall be submitted to the DOC upon request, for annual review, and/or when insurance coverage(s) or providers are changed. In the event the Contractor's required insurance policies in effect during this Contract are modified or cancelled, Contractor shall immediately provide notice to the DOC.

Subcontractors and independent contractors may be required to submit their Certificate of Insurance to DOC to show they meet the same Insurance requirements. It will be the Contractor’s responsibility to ensure subcontractors and independent contractors are aware of this requirement.

4.13 ACCESS TO DOC FACILITIES

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

4.14 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.

4.15 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.

4.16 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 o 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

4.17 NONDISCRIMINATION AND AFFIRMATIVE ACTION

Bidder shall comply with Section 19 of the Standard Terms and Conditions (DOA 3054) and submit an affirmative action plan as required.

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a price per line and an extended total price. Prices shall be in U.S.

dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2 PRICE SHEET INSTRUCTIONS

Bidders shall complete the attached Price Sheet(s). Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicates otherwise.

5.3 FIRM PRICES

Prices must remain firm for the initial contract term.

5.3 REQUESTING PRICE ADJUSTMENTS

Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. 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.

In the event that the price of the Service decreases during the term of the Contract, Contractor shall reduce contract prices accordingly.

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.

DATE EVENT

May 13, 2021 Date of Issue of the RFB

May 27, 2021 Date Questions Due (last date accepted)

June 1, 2021 Estimated date Responses to Questions Posted

June 17, 2021 3:00 PM Bids Due from Bidders

July 1, 2021 Anticipated Award Date

November 1, 2021 Contract Start Date

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by May 27, 2021. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Procurement Manager named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact. Please email to DOCProcurementManager@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid # RLH-8252 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: Rebecca Hoefs at 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 or Commodity.

The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Service or Commodity area(s) with an estimated value over $50,000.

Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

6.7 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials 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 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFB. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the Bid document.

Certain requirements, qualifications and Specifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e. “yes/no” prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. “Does your company meet requirements 2.1-2.8”). For any (itemized or grouped) requirements that cannot be met, a “no” shall be checked and a supplemental document shall be provided as an attachment to explain

Allow time for entering a Bid Response in eSupplier. Keep in mind the following if an error occurs:

• File names must be no longer than 64 characters, including the file extension

(e.g., “.docx”) and cannot contain special characters (e.g., commas or percent signs).

• The maximum file size is 80MB.

• The eSupplier system will not allow a file with macros included and enabled.

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

Please note, Vendors must click "Submit" in the Wisconsin eSupplier Portal to have their response received. Only clicking "Save" does not submit the Vendor’s response; therefore, it shall not be received or reviewed. Vendors will receive verification that a response has been submitted.

6.7.2 MAILED or HAND DELIVERED BID SUBMITTAL

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:

USPS ADDRESS COMMON CARRIER ADDRESS

Rebecca Hoefs Rebecca Hoefs

Wisconsin Department of Corrections Wisconsin Department of Corrections

Division of Management Services Division of Management Services

PO Box 7925 3099 E. Washington Ave.

Madison, WI 53707-7925 Madison, WI 53704

All Bids shall be received and time-stamped at the above location no later than June 17, 2021 3:00 PM 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

RFB NUMBER

RFB DUE DATE AND TIME

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.

If any information as part of the solicitation has been labeled as proprietary or confidential on DOA 3832, the Bidder must submit an electronic version of the redacted submittal.

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 and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): 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.

Price Information: Provide price information on the Bid Price Sheet - Attachment A included in this RFB. 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 all required documentation and provide a response to the requirements as indicated in the RFB.

6.9 MULTIPLE BIDS

Multiple bids from a Bidder will be permissible, however each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

6.10 INCURRING COSTS

The DOC shall not be responsible for any costs incurred by the Bidder to prepare and respond to this Bid, conduct its due diligence or negotiate any agreements whether or not a contract is awarded. Such Bid and business development costs shall not be included in the cost basis of services to be provided to the DOC.

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. A public opening will not be held due to current in-person meeting restrictions. 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) will be made on the basis of the lowest extended total price from a responsive, responsible Bidder that meets specifications. Bids shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The DOC intends to award to one Bidder.

7.5 PROTEST AND APPEALS PROCESS

Notice of Intent to Protest a proposed Bid award and the actual protest shall be made in writing to the head of the Procuring Agency (or his or her designee) as set forth below. The protest procedure applies to only those requests for Bids for Services that are over $50,000. The protest shall be as specific as possible, and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The Notice of Intent to Protest shall be filed with the individual listed below, and received by the head of the Procuring Agency Head (or designee) no later than five (5) business days after the Notice of Intent to Award is issued.

The actual Protest also shall be filed with the individual listed below, and shall be received by the head of the Procuring Agency (or designee) within ten (10) business days after the Notice of Intent to Award is issued.

USPS MAIL ADDRESS DELIVERY ADDRESS

Kevin A. Carr, DOC Secretary Kevin A. Carr, DOC Secretary

Wisconsin Department of Corrections Wisconsin Department of Corrections

Division of Management Services Division of Management Services

PO Box 7925 3099 E. Washington Ave.

Madison, WI 53707-7925 Madison, WI 53704

With a copy to the Procurement Manager at DOCProcurementManager@wisconsin.gov

7.5.1 APPEALS

The decision of the head of the Procuring Agency may be appealed to the Secretary of the Department of Administration, in writing, within five (5) business days of the Procuring Agency's issuance of its written Protest decision.

A copy of the Appeal shall also be filed with the head of the Procuring Agency. The Appeal shall be as specific as possible, and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

Appeals shall be sent to:

Secretary Wisconsin Department of Administration 101 E Wilson Street, 10th Floor, PO Box 7864 Madison, WI 53703-7864

7.6 BIDDER REFERENCES/CLIENT LIST

The Bid shall include Bidder references by completing the DOA-3832, listing at least four (4) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last 5 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.

7.7 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.

For all Subcontractors, Bidder shall: 1) Name the Subcontractor; 2) Explain its relationship with the Subcontractor; 3) Describe the role the Subcontractor will play; and 4) Provide the name and a description of Subcontractor(s) relevant qualifications and capabilities.

7.8 SUPPLIER DIVERSITY

7.8.1 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 DOC.

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

7.8.2 VETERAN-OWNED BUSINESS

The State of Wisconsin encourages the…