9351 RFB Cell Trays Bid Document.docx

REQUEST FOR BID

Cell Door Access Trays

CKS-9351

Issued: 5/12/2023 Responses Due: 5/23/2023 2:00 PM CST

Table of Contents

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

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

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Department of Corrections (DOC) requests Bids on behalf of the Division of Adult Institutions (DAI) for the purchase cell door access trays, including the frame and hardware necessary to install them. This bid does not include the installation, that will be done by DOC. The initial orders will be for the Waupun Correctional Institution (WCI), Green Bay Correctional (GBCI) and Columbia Correctional Institution (CCI). DAI initially plans to purchase approximately 125 units, but may use the results of the RFB to purchase additional units for the life of the contract term. DAI will determine which locations will order the access trays as needed. The awarded vendor must be willing to ship to whatever DOC location is requesting them at the contracted price. DOC has locations throughout the State of Wisconsin, and other Divisions within DOC may also purchase from the Contract resulting from the RFB.

DOC is requesting a “MPACS 200 Frame & Tray Assembly”, or a unit that matches the specifications and functionality. DOC will be the sole judge of equivalent substitutions to the “MPACS 200”, and reserves the right to reject any bid that DOC determines not to be of equivalence. DOC also reserves the right to use the results of this bid to purchase similar door pass products from the awarded vendor for the life of the contract.

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 initial Contract term will be for a one-year period. The DOC and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional four one-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 first purchase order issued.

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

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the 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 a 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

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 in this RFB document must be minimally met without exception; failure to meet such 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 or supporting documentation.

Certain qualifications/specifications will be presented by the DOC as itemized questions that require an affirmative response from the Bidder that they can be meet (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.

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.

3.0 MANDATORY SPECIFICATIONS OF BID

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

3.1 TECHNICAL SPECIFICATIONS

Bidders shall use ATTACHMENT B to respond to this section.

3.2 PERFORMANCE AND SUPPORT SPECIFICATIONS

Bidder shall use ATTACHMENT B to respond to this section.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The 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 change is in the best interest of the DOC.

4.1 EXECUTING PURCHASE ORDERS

Orders are not considered to be placed until an official State of Wisconsin Purchase Order is issued by DOC to the Contractor. A Purchase Order will be placed anytime units are ordered. POs may be for one or multiple locations.

4.2 DELIVERY REQUIREMENTS

Delivery requirements will be arranged with each location as orders are placed.

4.3 RETURN POLICY FOR DEFECTIVE OR DAMAGED UNITS

The DOC reserves the right to reject any units or associated products that it deems to be defective. Such shipments shall be returned and replacement products furnished at the Contractor’s expense.

4.4 BACKGROUND CHECKS

DOC will conduct background checks on any Contracted staff or subcontractors that are required to enter a secure DOC Facility. Refer to DOC Rider for detailed background check requirements for DOC.

4.5 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.

4.6 PAYMENT TERMS

Payment will not be made until the products are received and are determined to meet all specifications, requirements, and deliverables and have been accepted by the DOC.

Contractors 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, which are highly encouraged to cut down on handling and processing times.

Refer Section 6.0 in the Standard Terms and Conditions for additional pricing terms.

4.7 INVOICING

4.7.1 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

· DOC Purchase order number

· Charges per the current contract price

The original invoice must be sent to the email address that will be given at the time the purchase order is issued.

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

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

4.8 ACCESS TO DOC FACILITIES

If any Bidder’s staff must enter a DOC facility during the course of this contract, they must follow the policies/procedures in regards to access to the DOC facilities, including submitting to a background check. Please refer to the DOC Rider for detailed information related to access to DOC Facilities.

5.0 PRICE STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a net unit price in US dollars.

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

Bid prices shall include all packing, freight, insurance charges, and installation/operation manuals. Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

5.4.1

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that DOC finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on Wisconsin eSupplier Portal.

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by May 16, 2023. 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 CKS-9351 and directed to the Procurement Manager, Cynda Solberg, Cynda.Solberg@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 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. To arrange any necessary accommodation, please contact: Cynda Solberg 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/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 allows the organization to receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

6.5 SUBMITTING A BID

Bidders have three options in responding to this RFB. Required materials (see Section 8) 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.

6.5.1 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.

6.5.2 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:

All Bids shall be received and time-stamped at the above location no later than May 23, 2023 2:00 CST. 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: Cell Door Access Trays

RFB NUMBER: CKS-9351

RFB DUE DATE AND TIME: May 23, 2023, 2:00 CST

The State 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 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) (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 Price 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 prices for furnishing the units are to be included in the Bid in accordance with the terms and conditions in this RFB. No alternate price formats will be accepted.

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

6.7 INCURRING COSTS

Neither the State of Wisconsin nor the DOC are liable for any costs incurred by the Bidder(s) 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'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 has the sole discretion 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 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.

The DOC intends to make one award based on the lowest price for a responsive and responsible Bidder.

7.5 SUPPLIER DIVERSITY

7.5.1 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. 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

7.5.2 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

7.5.3 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

7.5.4 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

7.6 NOTIFICATION OF AWARD

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

8.0 REQUIRED FORMS

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

· DOA 3832 Bidder Required Form

· DOA 3054 Standard Terms and Conditions

· DOC Rider

· Attachment A Bid Price Sheet

· Attachment B Response to Bid Checklist image1.jpeg