9145 RFB Live Scan Main Doc Amend 1.docx

DOCX document 232 KB Posted

Attached to
Live Scan Fingerprint units
Contract number
410004-M25-CKS9145-RFB-01
Issued by
Wisconsin

About this file

This is a Request for Bid (RFB) document issued by the Wisconsin Department of Corrections (DOC) for Live Scan fingerprint systems, with bid number CKS-9145, issued April 18, 2024, with responses due May 22, 2024. The contract vehicle allows for cooperative purchasing by other Wisconsin state agencies and municipalities under Wisconsin statutes section 16.73. The procurement is managed by Cynda Solberg, Procurement Manager, and includes provisions for supplier diversity programs encouraging participation by Minority-Owned Business Enterprises (MBE), Disabled Veteran-Owned Businesses (DVB), Veteran-Owned Businesses (VB), and Woman-Owned Business Enterprises (WBE), with 5% price preferences available for certified MBE and DVB participants.

The RFB seeks portable Live Scan fingerprint systems capable of scanning 10-print, single-digit print, and palm images for transmission to the Department of Justice's Automated Fingerprint Identification System (AFIS). The contract requires FBI-certified equipment compatible with Wisconsin's EFTS record format, including laptops, scanners, cables, printers, and perpetual software licenses. Delivery and installation must occur within 30 days for emergency replacements or up to 90 days for bulk orders, with pricing on an FOB destination freight prepaid and installed basis. The initial contract term is three years with two optional one-year renewals for a maximum five-year term, with no price increases permitted during the initial term and subsequent increases capped at the lesser of Consumer Price Index or 3%. The DOC anticipates replacing all existing units by October 2025 but guarantees no minimum purchase quantities, with awards made to the lowest responsive, responsible bidder meeting all specifications.

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IDEMIA Price Sheet - VendorNet.xlsx XLSX spreadsheet

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Text version

REQUEST FOR BID

Live Scan 10 print, 1 print, and palm print

CKS-9145

Issued: April 18th, 2024 Responses Due: May 22nd, 2024

Contents

1.0 INTRODUCTION AND PURPOSE4
1.1DEFINITIONS4
1.2PURPOSE AND SCOPE OF THE REQUEST FOR BID7
1.3CONTRACT TERM7
1.4MODIFICATIONS OF CONTRACT7
1.5ORDER OF PRECEDENCE7
1.6COOPERATIVE PURCHASING SERVICES8
1.7RESPONDING TO BID REQUIREMENTS8
2.0BIDDER QUALIFICATIONS8
2.1 ORIGINAL MANUFACTURER8
2.2 MAINTENANCE8
2.3 SUPPORT9
2.4 NEW PRODUCT9
3.0TECHNICAL SPECIFICATIONS9
3.1TECHNICAL REQUIREMENTS9
3.2PERFORMANCE SPECIFICATIONS10
3.2.1TIMELINESS OF DELIVERY10
3.2.2DELAYS IN DELIVERY AND/OR INSTALLATION10
3.2.3DEVICE DEPLOYMENT10
3.3LIVESCAN UNIT SPECIFICATIONS10
3.4TRAINING, SET-UP, AND INSTALLATION11
4.0SPECIAL TERMS AND CONDITIONS OF BID11
4.1EXECUTING PURCHASE ORDERS11
4.2DELIVERY REQUIREMENTS11
4.3DUPLICATES AND OVER SHIPMENTS12
4.4RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS12
4.5BACKGROUND CHECKS12
4.6AUDITING12
4.7PAYMENT TERMS12
4.8 INVOICING12
4.9ACCESS TO DOC FACILITIES13
4.10TERMINATION FOR CAUSE13
4.11TERMINATION FOR CONVENIENCE13
4.12CONTRACT CANCELLATION14
4.13INSURANCE14
4.14PRICE INCREASES14
5.0METHOD OF BID14
5.1COST SHEET INSTRUCTIONS14
5.2FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED14
6.0BID PROCEDURE AND INSTRUCTIONS15
6.1CALENDAR OF EVENTS15
6.2CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS15
6.3REASONABLE ACCOMMODATIONS16
6.4WISCONSIN eSUPPLIER PORTAL REGISTRATION16
6.5SUBMITTING A BID16
6.5.1WISCONSIN eSUPPLIER PORTAL SUBMITTAL16
6.5.2MAILED or HAND DELIVERED BID SUBMITTAL17
6.6FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS18
6.7INCURRING COSTS18
7.0BID ACCEPTANCE AND AWARD19
7.1BID OPENING19
7.2BID REVIEW19
7.3BID ACCEPTANCE19
7.4METHOD OF AWARD-19
7.5BIDDER REFERENCES/CLIENT LIST19
7.6USE OF SUBCONTRACTORS19
7.7SUPPLIER DIVERSITY20
7.7.1MINORITY-OWNED BUSINESS ENTERPRISE20
7.7.2VETERAN-OWNED BUSINESS20
7.7.3DISABLED VETERAN-OWNED BUSINESS20
7.7.4WOMAN-OWNED BUSINESS ENTERPRISE21
7.8NOTIFICATION OF AWARD21
8.0REQUIRED FORMS21

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, 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.
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 also included all associated forms and attachments.
Bidder
A person or entity that responds to this Request for Bid
Commodity
A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.
Contract
The written agreement between the successful Bidder and the Agency covering the commodities and Services to be performed pursuant to this RFB.
Contract Administrator
The Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.
Contractor(s)
The person(s) or entity/ies awarded a Contract as a result of this Bid, and who is required to provide the equipment, materials, supplies, (and any incidental related services) to the DOC.
Contract Manager
The employee of an Agency responsible for 1) resolving contractual matters that cannot be resolved by the Contract Administrator; and 2) responsible for facilitating and/or completing all official actions under the Contract including, but not limited to: amendments, renewals, and termination.
Cooperative Purchasing
Wisconsin statutes (s. 16.73, Wis. Stats.) established 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.
DOA
Department of Administration, agency that has statutory authority [WI Stats. Chapter 16] to define, regulate, and delegate all aspects of procurement of commodities and services for state agencies
DOC
Department of Corrections, the Procuring Agency
DOC Facility
Any location owned, leased, 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 Award
Writing issued by the DOC notifying all Bidders of the DOC's intent to award a Commodity Contract to the successful Bidder(s)
Person in our Care (PIOC)
An adult in DOC custody
Procurement Manager
DOC staff person responsible for overseeing and administering the procurement process for a Bid
Purchasing
Department of Corrections’ Purchasing Services Section
Responsible
A Bidder who has furnished information and data to prove that they have the financial resources, services, facilities, personnel, and experience adequate to make satisfactory delivery of such 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
Specification
A descriptive statement of the physical, functional, and/or performance characteristics of the 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 in this RFB, this term is used interchangeably with the term "requirement".
State
State of Wisconsin
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)
USPS
United States Postal Service
Vendor
Entity submitting a bid in response to this RFB and/or an entity awarded a Contract (may be used interchangeably with “Bidder” or “Contractor” or “Supplier”.

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) is requesting bids for portable Live Scan Fingerprint Systems, including all necessary equipment and software to transmit fingerprint and palm images to Department of Justice (DOJ)’s Automated Fingerprint Identification System (AFIS) site for processing. DOC is requesting bids for 10-print, single-digit print, and palm scanners. DOC intends to award one contract for all three types of scanners.

DOC will initially use the results of the RFB to purchase Live Scan units as units break or are at their end-of-life. However, DOC anticipates replacing all units in service by the end of October of 2025. The numbers on Attachment A are the number of units DOC currently has deployed, and is what DOC anticipates replacing over the life of this contract.

The awarded vendor will also be required to supply a laptop to go along with each fingerprinting equipment for the submission of data to DOJ. The bid requires the initial system set-up and DOC staff training on how to use the equipment.

The fingerprint machines are located at select DOC facilities including DAI (Division of Adult Institutions) institutions, DJC (Division of Juvenile Corrections) facilities, DCC (Division of Community Corrections) offices, and the DOC Central Office.

The DOC does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number to be ordered will be rejected.

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

The Contract resulting from this RFB will be in place for an initial three-year period. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two one-year terms, for a total contract term not to exceed 5 years. The Contract shall be effective the date of the first Purchase Order issued to the Contractor, or set by a letter from DOC to the Contractor confirming the effective start date of the contract.

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

1.4 MODIFICATIONS OF CONTRACT

The resulting 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 as accepted by 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 may result in the cancellation of the Contract award.

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

· Final Signed Contract-with any clarifications or supporting documents

· Bid Response-as accepted by the DOC

· Request for Bid

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

· State 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 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 outlined in this RFB document must be minimally met without exception; failure to meet them will disqualify the 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 supporting documentation.

Certain qualifications/specifications may be presented by the DOC as itemized questions that require an affirmative response from the Bidder that they 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 the Bidder cannot meet, the Bidder must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify the 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, waiving that requirement.

2.0 BIDDER QUALIFICATIONS

All Bidder qualifications in this section are mandatory, and shall be met at no additional cost above the Bid price. Failure to meet any qualification will disqualify the bid.

Bidder shall use Attachment B to respond to this section.

2.1 ORIGINAL MANUFACTURER

The bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer. The bidder must have service and repair capabilities for the Live Scan system.

2.2 MAINTENANCE

It is imperative that the Live Scan units remain in good operating condition at all times. The vendor must provide annual maintenance and support of the hardware and software. The vendor’s software must be certified at all times to run on the prevailing version of the Windows operating system and prevailing patch level. The vendor’s software must be compatible with DOC’s antivirus software and end point management software.

2.3 SUPPORT

DOC requires reliable support of the Live Scan systems. Remote support must be available Monday through Friday 7:45am to 4:30 pm, excluding State holidays. The Vendor must have qualified staff available to perform onsite support (including repairs) as needed. Onsite support must be available within one business day of a call for support. Remote support must be based within the United States.

2.4 NEW PRODUCT

All equipment bid shall be manufacturer’s current production products. All equipment bid must be new.

3.0 TECHNICAL SPECIFICATIONS

All Bidder qualifications in this section are mandatory, and shall be met at no additional cost above the Bid price. Failure to meet any qualification will disqualify the bid.

Bidder shall use Attachment B to respond to this section.

3.1 TECHNICAL REQUIREMENTS

3.1

3.1.1 The vendor must supply all necessary equipment/devices to make the live scan system functional. This includes, but is not limited to: laptops, scanners, connecting cables, and printers.

3.1.2 The system must be able to scan, capture, and send fingerprint images (standard 10 print, single print, and palm) in a format compatible with the State of Wisconsin Department of Justice’s current AFIS (Automated Fingerprint Identification System) fingerprint repository vendor, Idemia.

3.1.3 The system must be FBI certified (see Attachment D) in compliance with AFIS (Automated Fingerprint Identification System) IQS (Image Quality Specifications) in effect at the time of bid submittal. Appropriate evidence of this certification shall be included within the bid response. See Attachments D and E, for additional information or go to the DOJ website.

3.1.4 The system must create and transmit electronic fingerprint records according to the following standards:

· Data format for the Interchange of Fingerprint Information

· WSQ (Wavelet Scarlar Quantization) Gray-scale Fingerprint Image Compression Specification

· Electronic Fingerprint Transmission Specifications Wisconsin EFTS record format

· Wisconsin EFTS record format – See Attachment D

3.1.5 Each live scan unit must be able to access the DOJ fingerprint gateway via a VLAN connection to the internet. The vendor is responsible for any software interface required to send information from the live scan system to the DOJ store & forward system and must be compliant with the latest CJIS (Criminal Justice Information Security) specifications – see Attachments D and E.

3.1.6 Live scan units must have the ability to submit data in real time and in batch.

3.1.7 Live scan units must have finger sequencing checking functionally.

3.1.8 The vendor’s software must be able to run on the prevailing version of the Windows operating system and prevailing patch level.

3.1.9 Laptop unit must be in the range of 14”-15” diagonal

3.1.10 The purchase price for the system must include a perpetual software license which permits DOC use of all included software for the life of the system; including after the termination of vendor-provided maintenance and support.

3.1.11 The system must securely store and encrypt data at rest and in transit.

3.2 PERFORMANCE SPECIFICATIONS

5.0 5.1 5.2 5.3

3.2.1 TIMELINESS OF DELIVERY

The Contractor must be able to make delivery and install the system within 30 calendar days of receipt of an order. The 30 day requirement applies when DOC is doing replacements for units that have broken and a replacement is needed immediately. If DOC is ordering several scanners at a time as part of a replacement project, DOC will allow the Contractor up to 90 days to deliver and install the units per a schedule mutually agreed upon between the Contractor and DOC.

3.2.2 DELAYS IN DELIVERY AND/OR INSTALLATION

The Contractor is required to notify DOC of any back order, discontinuation of equipment, or delays in shipping as soon as the issue is known. DOC may elect to purchase from another vendor if the delay is going to cause delivery to be greater than 30 days. If the contractor continues to have backorders, it may be grounds for cancellation of the contract.

3.2.3 DEVICE DEPLOYMENT

The Contractor is required to work with DOC staff onsite to ensure each Live Scan device deployed is operationally functional and can send and receive information form the DOJ fingerprint gateway.

3.3 LIVESCAN UNIT SPECIFICATIONS

3.3.1 The Bidder must be able to provide the three different units requested: 10 print, single print (single digit), and palm scanner.

3.3.2 All processing required to capture, encode, transmit the transaction, and receive/display the response must be handled by the laptop attached to the scanner. DOC will not accept a system which requires the addition of a central server and/or local site servers.

3.3.3 The LiveScan system laptops must have the ability to connect to the DOC network using a wired ethernet connection for transmission of LiveScan transactions to the Wisconsin DOJ.

3.3.4 The system must allow the LiveScan operator to select the type of submission (criminal or applicant) as part of the fingerprinting workflow.

3.3.5 The scanners must be certified by the FBI as tested and in compliance with the FBI's Next Generation Identification (NGI) Image Quality Specifications (IQS). This does not apply to the single digit scanners (1 finger print).

3.3.6 The system must capture and electronically submit Wisconsin criminal palm and fingerprint transactions, in accordance with the Law Enforcement Applicant (LEAP) fingerprint transactions format, to the Wisconsin DOJ. The printer provided must be a FBI certified printer and have software to enable the printing of criminal fingerprint cards (FBI FD-249) using the prints captured by the LiveScan system.

3.3.7 Software Setup and Customizations

The vendor must work with DOC BTM (Bureau of Technology Management) to develop, test, and implement the following software customizations on each LiveScan system.

· The Contractor must set up a group of folders on each PC’s “C” drive (for DOC Active Directory authentication.)

· DOC BTM staff will provide folder names and the specific location for the folders.

· The system must allow LiveScan operator to authenticate to both the PC and the LiveScan system using the DOC’s Active Directory.

· Authentication must be a single sign on so when the user logs on to the PC using his or her DOC supplied credentials those same credentials grant access to use the LiveScan system for both types of transactions, Criminal and LEAP.

· The client software, which sends the submission to the DOJ, must store a copy of the Criminal submission on a mapped drive/folder location on a DOC computer server located on the DOC network. This should happen at the same time the transaction is sent to the Wisconsin DOJ. This requirement does not apply to the LEAP transaction/submission.

· BTM staff will provide drive mapping and folder names and location.

3.4 TRAINING, SET-UP, AND INSTALLATION

3.4.1 DOC must be allowed to install antivirus software and end point management software on vendor supplied devices.

3.4.2 While onsite at each DOC location, the vendor must provide hardware and software training for up to six (6) DOC staff. This will generally be done the same day as the installation.

3.4.3 The vendor must be onsite and work with DOC staff, to install, configure and test the systems, including verifying a successful transmission of each type of transaction, Criminal and LEAP, to the Wisconsin DOJ.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

DOC reserves the right to negotiate special terms and conditions when it is in 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 changes are in the best interest of the DOC.

4.1 EXECUTING PURCHASE ORDERS

Live Scan units are not to be shipped or installed until an official State of Wisconsin Purchase Order is issued by DOC to Contractor.

4.2 DELIVERY REQUIREMENTS

LiveScan units are to be delivered to the location(s) specified on the Purchase Order. It is the responsibility of the Contractor to arrange the date/time of delivery and installation of the units. DOC reserves the right to reject deliveries that have not been properly scheduled. Failure to accept these delivery requirements may disqualify the Bid. Bidder should refer to the DOC Rider -Attachment C for special instructions related to delivery at secure locations.

4.3 DUPLICATES AND OVER SHIPMENTS

Upon notification by DOC of a duplicate or over shipment, the LiveScan units and other equipment shall be removed at the Contractor's expense. If such goods are not removed within 30 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

The Contractor shall provide for return of items ordered in error for up to 30 calendar days from receipt, with the DOC only responsible for the return shipping costs.

The DOC reserves the right to reject any shipments that it deems to be defective. Such shipments shall be returned at the Contractor(s) expense. The DOC will not be responsible for charges incurred as a result of the defective item(s). If the Contractor(s) 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 price between the contracted vendor price and the price of from another vendor may be deducted from any monies which may be due to the Contractor from any State agencies.

4.5BACKGROUND CHECKS
Refer to the DOC Rider- Attachment C

4.6 AUDITING

A. Contractor will allow inspection of records related to this Contract and as permitted by State law, by representatives of DOC and its authorized agents, in order to confirm the 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.

4.7 PAYMENT TERMS

Payment will not be made until the delivered Live Scan unit(s) are determined to meet all specifications, requirements, and deliverables, and have 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. 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.

Refer to the State Standard Terms and Conditions for additional payment terms.

4.8 INVOICING

Contractor must agree that invoice prices shall reflect the contracted prices.

DOC will verify the invoiced amounts are the correct contracted amounts. Only properly submitted invoices will be processed for payment. Invoices must follow the instructions below. No invoices shall be sent until the Live Scan units have been delivered and accepted by DOC. Invoices must be itemized and contain the following:

· Contractor name

· Remit to address

· Purchase order number(s)

· Charges that match the terms and amounts in the contract

The instructions detailing where to send the invoice will be on the Purchase Order(s). Invoices will be sent to the business office of the Division/Institution that ordered the Live Scan unit, and therefore where the invoices are to be sent will vary.

The contract is limited to the commodities listed in the contract document or accompanying attachments or amendments. Items ordered that are not covered under the Contract resulting from 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 may be denied for payment.

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

4.9 ACCESS TO DOC FACILITIES

Refer to the DOC Rider for detailed information related to access to DOC Facilities.

4.10 TERMINATION FOR CAUSE

The DOC may terminate this Contract for cause 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.

4.11 TERMINATION FOR CONVENIENCE

DOC may terminate this Contract at any time without cause by providing a thirty (30) day written notice to the Contractor.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any expenses incurred under the Contract up to the date of termination. The DOC shall be entitled to a refund for goods paid for but not received or implemented. Any refunds must be paid within thirty (30) calendar days of written notice to the Contractor requesting the refund.

4.12 CONTRACT CANCELLATION

The DOC reserves the right to immediately 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 acts 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/or non-procurement contracts

· Fails to maintain and keep in force all required insurance, permits, and licenses as required in the Contract

· Fails to maintain the confidentiality of the State's Confidential Information proprietary, or containing Personally Identifiable Information

· If the Contractor’s performance threatens the health or safety of any person(s)

4.13 INSURANCE

Refer to the State Standard Terms and Conditions.

4.14PRICE INCREASES
“Price increases will not be permitted during the initial Contract term. During the optional renewal years, price increases will be capped at the lesser of the Consumer Price Index or 3%. Justification for price increases must be fully documented.”

5.0 METHOD OF BID

5.1 COST SHEET INSTRUCTIONS

Bidders must complete and submit Cost Sheet-Attachment A. Bidders must supply a price for each of the three types of units listed. Bidders may not alter the Price Sheet in any manner.

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

Live Scan units are to be delivered and installed at DOC location indicated on the Purchase Order. Units are to be delivered FOB destination freight prepaid included and installed.

Bid prices shall include all packing, freight, insurance, set-up, operation manuals, instructional charges, or any other costs associated with delivery and installation. Items shall be installed where designated by DOC, demonstrated to be in operating condition, and the installation approved as completed by DOC. All debris shall be removed from the premises and properly disposed of by the Bidder. The Bidder shall restore the installation site(s) to their original condition, to the satisfaction of the DOC.

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

Failure to bid FOB Destination Freight Prepaid Included and Installed in the Bid price may disqualify the Bid.

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
April 18, 2024
Date of Issue of the RFB
May 3, 2024
Bidder questions due
May 10th, 2024
Estimated date Responses to Questions Posted
May 22, 2024
Bids Due from Bidders 2:00 CST
May 24, 2024
Anticipated Award Date
June 1, 2024
Estimated 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 3, 2024. 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, to request modification or clarification of the RFB document.

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to RFB# CKS-9145 and directed to the attention of Cynda Solberg, Procurement Manager. Email is the preferred method of contact and should be sent to: DOCProcurementManager@wisconsin.gov

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/ERP/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 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: Cynda Solberg 608-240-5581, or email 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 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/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address to register for notifications on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification puts vendors on the email message list 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. Increasingly, State agencies 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 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 SUBMITTING A BID

Bidders have two options in responding to this RFB. Required materials (see Section 8) can be received for acceptance at the address listed, or through eSupplier. Bids received after the due 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.

6.5.1WISCONSIN 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 to answer with an online guide to submit 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 they 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 the following things in mind 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.

· Bidders may only upload a single file in response to a question. Uploading additional files will overwrite the previous file uploaded. If the Bidder has a need to attach multiple files, the Bidder will need to 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, Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their response sent. Only clicking "Save" does not submit the Bidder’s response; therefore, it will not be received or reviewed. Bidders will receive verification that a response has been submitted.

6.5.2MAILED 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, and one electronic version on a USB/ “thumb” drive of all the materials required in Section 6.8. Materials must be received by DOC by the due date and time for acceptance of the Bid. Materials shall be delivered to:
USPS ADDRESS
COMMON CARRIER ADDRESS
Cynda Solberg, Procurement Manager
Cynda Solberg, Procurement Manager
Wisconsin Department of Corrections
Wisconsin Department of Corrections
Division of Management Services- Purchasing
Division of Management Services-Purchasing
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 May 22, 2024 2:00 pm CT. Bids not time-stamped by this date/time will be considered late and will be 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- Live Scan Finger and Palm Print Units

RFB – CKS 9145

RFB DUE May 22nd, 2024 2:00 pm

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

6.6 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 submitted as part of the bid response has been labeled as proprietary or confidential on the DOA 3832 form, the Bidder must also 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) (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.

Price Information: Provide price information on the Cost Sheet Attachment A, included in this RFB. Include one hard copy of the Price Sheet with the Bid response and one electronic copy in Excel format. All costs for furnishing the commodities(s) included in this Bid, in accordance with the terms and conditions of this RFB must be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

Mandatory Requirements Checklist: The Bidder shall include as part of the Bid Response Attachment B, Mandatory Requirements Checklist. A response to each requirement listed shall be clearly checked.

6.7 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.

7.2 BID REVIEW

All Bids will be reviewed by the DOC Procurement Manager to ensure compliance with submittal requirements. DOC shall be the sole judge as to Bidder 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 it is 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 price from a responsive, responsible Bidder that meets all of the 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, the unit price shall prevail in determining the award.

The DOC intends to award to one contract for all scanner types. The awarded vendor must be able to supply all types of scanners requested in this RFB and must be willing to supply them to any DOC location that orders a scanner. Failure to do so may result in cancellation of the award and award of the contract to the next lowest priced Bidder.

7.5 BIDDER REFERENCES/CLIENT LIST

The Bid shall include Bidder references by completing the Form DOA-3832, listing at least two organizations with whom the Bidder has done business of a similar size and scope as required by this RFB. The reference shall be with organization with whom the Bidder has conducted business with within the last three years. For each organization listed, the Bidder shall include: the organization name, address, contact person, email address, and telephone number, along with a brief description of the commodity purchases that formed the basis of the business relationship. The DOC will determine which references to contact in order to assess the quality of the commodities and associated services.

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 awarded Bidder (Contractor). The Contractor will be responsible for its subcontractors' performance of the Contract obligations, including all specifications, insurance requirements, and applicable regulations. The Bidder shall identify any potential subcontractor, if known, it intends to use to provide the commodity and any related services as outlined in this RFB.

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. As requested, the Contractor must provide 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, the Bidder shall: 1) Name the Subcontractor; 2) Explain the 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.

7.7SUPPLIER DIVERSITY
7.7.1MINORITY-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. 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://doa.wi.gov/Pages/DoingBusiness/SupplierDiversity.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: https://dva.wi.gov/Pages/Home.aspx

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

7.8 NOTIFICATION OF…

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