9702 RFB Main Doc Spec Commissary.docx
DOCX document 227 KB Posted
- Attached to
- Specialty Commissary Items
- Contract number
- 410014-O25-CKS9702-RFB-01
- Issued by
- Wisconsin
About this file
This is a Request for Bid (RFB CKS-9702) issued by the Wisconsin Department of Corrections (DOC) on June 26, 2024, seeking specialty commissary services for persons in DOC custody and Department of Health Services (DHS) facilities. The procurement is open to authorized users including state agencies, political subdivisions, and municipalities through Wisconsin's cooperative purchasing program. Bids are due August 1, 2024, with an anticipated contract start date of October 1, 2024.
The contract covers specialty commissary items including hygiene products, dietary supplements, vitamins, and other select consumable items for incarcerated individuals and their friends and family. DOC intends to award contracts to up to three vendors using a lowest price methodology from responsive, responsible bidders. The initial contract term is one year with up to four additional one-year renewal options. Vendors must provide a 10% commission to each DOC/DHS location based on net sales, accept orders from both incarcerated individuals and their families through multiple payment methods, and deliver products within 14 calendar days. The procurement includes no minimum purchase guarantees, requires FOB destination delivery, and mandates that all items be suitable for correctional environments with specific packaging requirements including clear heat-sealed bags and visible receipts.
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| 9702 Spec Commissary Notice of Award.docx | DOCX document |
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REQUEST FOR BID
Specialty Commissary
CKS-9702
Issued: June 26, 2024 Responses Due: August 1, 2024
Table of Contents
| 1.0 INTRODUCTION AND PURPOSE | 4 | |
| 1.1 | DEFINITIONS | 4 |
| 1.2 | PURPOSE AND SCOPE OF THE REQUEST FOR BID | 5 |
| 1.3 | CONTRACT TERM | 5 |
| 1.4 | MODIFICATIONS OF CONTRACT | 6 |
| 1.5 | ORDER OF PRECEDENCE | 6 |
| 1.6 | COOPERATIVE PURCHASING SERVICES | 6 |
| 1.7 | RESPONDING TO BID REQUIREMENTS | 6 |
| 2.0 | BIDDER QUALIFICATIONS AND REQUIREMENTS | 7 |
| 3.0 | MANDATORY SPECIFICATIONS OF BID | 7 |
| 3.1 | ITEM SPECIFICATIONS | 7 |
| 3.2 | FULFILMENT AND DELIVERY SPECIFICATIONS | 8 |
| 3.3 | ITEMS OFFERED/MENUS | 8 |
| 3.4 | COMMISSIONS/REPORTS/PAYMENTS | 8 |
| 4.0 | SPECIAL TERMS AND CONDITIONS OF BID | 9 |
| 4.1 | DELIVERY REQUIREMENTS | 9 |
| 4.2 | RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS- | 9 |
| 4.3 | BACKGROUND CHECKS | 9 |
| 4.4 | AUDITING | 9 |
| 4.5 | TOBACCO-FREE ENVIRONMENT | 10 |
| 4.6 | PAYMENT TERMS | 10 |
| 4.7 | ACCESS TO DOC FACILITIES | 10 |
| 4.8 | TERMINATION FOR CAUSE | 10 |
| 4.9 | TERMINATION FOR CONVENIENCE | 10 |
| 4.10 | CONTRACT CANCELLATION | 10 |
| 4.11 | INSURANCE | 11 |
| 5.0 | BID COST SHEET AND INSTRUCTIONS | 11 |
| 5.1 | METHOD OF BID | 11 |
| 5.2 | FOB DESTINATION | 11 |
| 5.3 | COST SHEET INSTRUCTIONS | 11 |
| 5.4 | REQUESTING PRICE ADJUSTMENTS | 11 |
| 6.0 | BID PROCEDURE AND INSTRUCTIONS | 11 |
| 6.1 | CALENDAR OF EVENTS | 11 |
| 6.2 | CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS | 12 |
| 6.3 | REASONABLE ACCOMMODATIONS | 12 |
| 6.4 | WISCONSIN eSUPPLIER PORTAL REGISTRATION | 13 |
| 6.5 | BIDDER CONFERENCE | 13 |
| 6.6 | SUBMITTING A BID | 13 |
| 6.7 | FORMAT OF BID RESPONSE FOR MAILED OR HAND DELIVERED BIDS | 15 |
| 6.8 | INCURRING COSTS | 16 |
| 7.0 | BID ACCEPTANCE AND AWARD | 16 |
| 7.1 | BID OPENING | 16 |
| 7.2 | BID REVIEW | 16 |
| 7.3 | BID ACCEPTANCE | 16 |
| 7.4 | METHOD OF AWARD | 16 |
| 7.5 | BIDDER REFERENCES/CLIENT LIST | 16 |
| 7.6 | SUPPLIER DIVERSITY | 16 |
| 7.7 | NOTIFICATION OF AWARD | 18 |
| 8.0 | REQUIRED FORMS AND OTHER DOCUMENTS | 18 |
1.0 INTRODUCTION AND PURPOSE
1.1 DEFINITIONS
| 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 includes all requisite forms and response completed as instructed. |
| Bidder |
| A person or entity that responds to this Request for Bid |
| Contract |
| The final version of the contractually binding agreement between the DOC and the Contractor relating to the subject matter of this RFP; 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 |
| The person or entity that has been awarded the Contract as a result of this RFP, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the DOC. |
| Contractor Staff |
| Includes all Contractor’s 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. |
| DAI |
| Division of Adult Institutions |
| Disabled Veteran-Owned Business (DVB) |
| A business that has been certified by the Department of Administration under §16.283, Wis. Stats |
| DHS |
| Department of Health Services |
| DOC |
| Department of Corrections, Procuring Agency for this Proposal |
| DOC Facility |
| Any location owned and/or operated by the Department of Corrections |
| DOC Rider |
| additional contractual requirements specific to the Department of Corrections |
| FF |
| Friends and Family- the friends or family of a PIOC or Patient that may be allowed to purchase items on behalf of the PIOC or Patient. |
| Mandatory |
| A requirement labeled as such must be present in the proposed solution, exactly as stated, or the solution will not be considered by the State of Wisconsin. The terms “must,” “shall,” and “will” are considered mandatory. |
| May |
| Indicates something that is not mandatory but permissible. |
| Minority Owned Business Enterprise (MBE) |
| A business that has been certified by the Department of Administration under §16.287, Wis. Stats. |
| 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)). |
| Patient |
| An individual in the care of DHS. |
| Person in our Care (PIOC) |
| An adult in DOC custody, for purposes of this RFP. This will also refer to patients in the care of DHS. |
| Procurement Manager |
| The person responsible for managing this procurement process. |
| RFB |
| Request for Bid |
| Responsible |
| A Proposer 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 RFP. |
| Responsive |
| A proposal that conforms in all material respects to the requirements set forth in the RFP. |
| Specialty Commissary Items |
| Hygiene, dietary supplements, vitamins and other select consumable items (see Attachment A) for the PIOC located in DOC/DHS facilities. |
| State Holidays |
| January 1, Martin Luther King Jr. birthday, Memorial Day, July 4, Labor Day, Thanksgiving Day, December 24, December 25, and December 31 |
| Subcontractor |
| Person who is awarded a portion of an existing contract by a principal or general contractor |
| USPS |
| United States Postal Service |
1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID
The Department of Corrections (DOC) is requesting Bids for the purchase of specialty commissary items for the Division of Adult Institution’s Persons In Our Care (PIOC). The resulting contract(s) may also be used by the Department of Health Services (DHS) facilities.
DOC intends to award Contracts in the “specialty commissary” bid to up to three vendors.
DOC does not guarantee the amount of purchases PIOC or PIOC Friends and Family (FF) will make between the awarded vendors in the specialty commissary program. Ordering information will be made available at all DOC locations and the DHS locations that choose to participate for the awarded vendor(s).
DOC does not guarantee the 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 resulting Contract(s) will be in place for an initial one-year period. The DOC and the Contractor(s), upon written mutual agreement, may renew the Contract(s) for up to an additional four one-year periods. The Contract(s) will be effective on the date indicated on the award letters, regardless of when the first orders may be placed. All Contracts awarded from this RFB will be on the same starting and ending dates, regardless of when they may be implemented or first used.
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 Contracts shall fall within the scope of the Bid. Modifications must 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 State 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 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 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 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.
2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS
All requirements in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Bidder shall use Mandatory Requirements-Attachment B to respond to this section.
2.1 EXPERIENCE
Vendors bidding must have been in the business of providing commissary or property type items to correctional type facilities for a minimum of three years. Bidders must be able to provide proof of this requirement upon request.
2.2 ALL LOCATIONS
Vendor must be able to provide items to PIOC at any existing or new DOC or DHS location during the life of the contract.
| 2.3 | ORDER METHODS/PAYMENTS |
| 2.3.1 | Vendors must be able to accept orders from both PIOC and FF. The vendor must be able to accept orders from FF via the phone and through a website. Vendors must be able to accept payments from FF via credit/debit card. |
| 2.3.2 | Vendors must be able to accept orders from PIOC via a mailed in order form and a check issued by DOC. Vendors may be able to accept PIOC orders electronically if an app for ordering is developed to go on the PIOC’s tablets. This is not an option at the time of writing this bid, and is not a requirement. |
| 2.3.3 | Bidders must be able to accept money orders and cashier’s checks. Orders paid in this manner can be held for 10 business days before fulfilling to ensure that the method of payment is valid. |
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. Bidder shall use Mandatory Requirements-Attachment B to respond to this section.
| 3.1 | ITEM SPECIFICATIONS |
| 3.1.1 | Vendors must be able to provide items from each of the categories listed on Attachment A. |
| 3.1.2 | Bidders be able to source at least 90% of the items listed on Attachment A. Providing a price for these items indicates that the Bidder can source that item and have it available for order by PIOC or FF within 30 days’ notice of award of a contract. |
| 3.1.3 | All items and item packaging must be suitable for a correctional environment. This includes no sharp edges, hidden compartments, glass components, metal components, or alcohol ingredients. |
| 3.1.4 | The Bidder must send items in clear bags and the receipt must be visible through the clear bag. The bags must be heat sealed, with no staples or tape used to seal the bags or to attach the receipts. |
| 3.1.5 | The Bidder must provide a receipt that clearly states the PIOC name, DOC number, and location, along with the order details. |
| 3.2 | FULFILMENT AND DELIVERY SPECIFICATIONS |
| 3.2.1 | The Bidder must be able to ship the products within 14 calendar days of the order being placed. If an item(s) cannot be shipped within 14 calendar days, the cost of that item must be refunded to the PIOC or the FF member that ordered the item. If several items were ordered at one time, only the item(s) that cannot be shipped within 14 calendar days should be cancelled and refunded. |
| 3.2.2 | The Bidder must be able to assure that products are delivered in such a way that contraband cannot be brought in to the DOC institutions via the specialty commissary shipments. |
| 3.2.3 | The Bidder must be able to revisit the menu of items on a bi-annual basis and work with DOC to make changes to menu offerings as needed or requested. |
| 3.2.4 | Due to security concerns, Bidders must be able to ensure that the staff picking and fulfilling orders can not identify the PIOC that is receiving the package. This is to prevent contraband from being passed to an individual PIOC. The Bidder must have an established system in place to comply with this requirement. |
| 3.3 | ITEMS OFFERED/MENUS |
| 3.3.1 | Bidders must be able to provide a menu of the items offered in both a printed and electronic (pdf) format. The menus must be available in both English and Spanish. |
| 3.3.2 | Bidders must be able to publish the menu on a website for friends and family to view. |
| 3.3.3 | Specific DOC institutions may prohibit certain items at their location. The contracted vendor(s) must have the ability to notify PIOC or FF that a particular item is either not allowed or the quantity is limited at the institution level. |
| 3.3.4 | The menu will generally be updated every six months. All proposed menu items must be reviewed and approved by DOC prior to being offered. The DOC Contract Manager or Administrator will communicate the approvals. |
| 3.3.5 | DOC will consider substitutions of items if the substitution is of comparable quality, size, and price. The DOC Contract Administrator must approve any substitutions. |
| 3.3.6 | As part of the commissary committee’s review and approval of items, DOC may request samples items. The Contractor must agree to send samples (at no cost to DOC) when requested. The samples will be disposed of by DOC. |
| 3.4 | COMMISSIONS/REPORTS/PAYMENTS |
| 3.4.1 | Contractors shall submit a monthly commission check to each DOC or DHS location in the amount of 10% of net sales. The commission checks are due by the end of the following month. |
| 3.4.2 | Contractors must be able to provide DOC reports on sales and commissions, including sales down to the individual product items, as requested. Reports must be in an Excel format with data in fields that are sortable. |
| 3.4.3 | PIOC orders will be sent by the institution to the Contracted vendor(s), along with a check for the amount of the order(s). Institutions may combine orders for multiple PIOC onto one check. Contractors must be able to accept orders/payments in this manner. |
| 3.4.4 | If a PIOC transfers from one DOC location to another from the time an order is placed to when the order is shipped, the vendor can ship the order to the new DOC location. |
| 3.4.5 | If the PIOC transfers locations after the order is shipped, the vendor must accept the return of the order and refund the order in full. |
| 3.4.6 | If the PIOC releases prior to the order being delivered, the vendor must accept the return of the order and refund the order in full. |
| 3.4.7 | The vendor is responsible for the application, collection, and submission of all applicable sales tax for sales to both PIOC and FF. |
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 changes are in the best interest of the DOC.
4.1 DELIVERY REQUIREMENTS
Delivery to the DOC and DHS locations can be made by common carrier or by the vendor’s fleet. DOC and DHS requires delivery to every location currently utilizing the contract, or any other DOC or DHS location that chooses to utilize this contract.
Delivery drivers will be expected to unload the orders at the sites that require the drivers to unload the products. Some locations require lift gates for delivery. It is the Bidder’s responsibility to ensure that their delivery trucks will be able to delivery to all locations.
4.2 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS-
If the items delivered are spoiled, of poor quality, or different from the approved menu (without prior substitution approval), the Vendor will issue a credit to the purchaser within 5 business days. DOC reserves the right to deduct from future payments amounts for credits not resolved within 30 days.
| 4.3 | BACKGROUND CHECKS |
| Refer to the DOC Rider- Attachment C |
4.4 AUDITING
A. The Contractor will allow inspection of records that are related to this Contract by representatives of DOC and its authorized agents in order to confirm Contractor's compliance with the specifications of this Contract.
B. DOC may require that the Contractor procure an audit to review all 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. The 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.
4.5 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 be made per the specifications listed in Section 3.
Refer Section 6.0 in the Standard Terms and Conditions for additional pricing terms.
4.7 ACCESS TO DOC FACILITIES
Refer to the DOC Rider- Attachment C for detailed information related to access to DOC Facilities.
4.8 TERMINATION FOR CAUSE
The DOC may terminate the 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.
4.9 TERMINATION FOR CONVENIENCE
Either party may terminate the 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 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.
4.10 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 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)
4.11 INSURANCE
Refer to the State Standard Terms and Conditions- Section 23 which are a part of the RFB package.
5.0 BID COST SHEET AND INSTRUCTIONS
| 5.1 | METHOD OF BID |
| The Bidder shall fill in the Cost Sheet- Attachment A. |
5.2 FOB DESTINATION
Delivery must be made by common carrier or by the Bidder, with unloading to be performed by the common carrier or Bidder, and carton(s) transported to the interior or ground floor, or inside dock at the DOC facility to where the PIOC(s) place the order(s) reside. The Bid prices shall include all packing, freight, insurance charges, or any other costs associated with delivery of the ordered specialty commissary items
Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price will disqualify the Bid.
5.3 COST SHEET INSTRUCTIONS
Bidders shall complete the attached Cost Sheet Attachment A. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicates otherwise.
5.4 REQUESTING PRICE ADJUSTMENTS
The prices submitted on the Cost Sheet- Attachment A will remain in effect for the first six months of the contract. The Contracted vendors can submit price changes when the new catalog/menus are reviewed approximately every six months. The DOC Commissary Committee will review all price increase requests, and will require full documentation/justification of any request they question. No prices can be changed without the written approval of the DOC Contract Administrator or Contract Manger.
Generally, price changes will not be granted outside of the bi-annual catalog/menu updates. However, price increases can be requested if there are extenuating circumstances outside of the Contractor’s control. They will be reviewed on a case-by-case basis.
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 |
| June 26, 2024 |
| Date of Issue of the RFB |
| July 8, 2024 |
| Initial Questions Due |
| July 11, 2024 |
| Bidder Conference via TEAMS 8:30 am CT (attendance not mandatory) |
| July 15, 2024 |
| Final Day to submit questions |
| July 18, 2024 |
| Estimated date Responses to Questions Posted |
| August 1, 2024 |
| Bids Due from Bidders 2:00pm CT |
| August 15, 2024 |
| Anticipated Award Date |
| August-September 2024 |
| Contract negotiation/implementation period |
| October 1, 2024 |
| Contract Start Date (anticipated) |
6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS
Bidders are expected to raise any questions, exceptions, or additions concerning the RFB document by July 8, 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-9702 and directed to the attention of the Procurement Manager for this RFB. Email is the preferred method of contact and shall 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 DOCProcurementManager@wisconsin.gov
6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION
Only Bidders currently registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notices 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 do business with the State. The Wisconsin eSupplier Portal may be accessed 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 requesting inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. Registered Bidders in the eSupplier Portal 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. 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 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 BIDDER CONFERENCE
A Bidder Conference will be held at July 11, 2024 at 8:30 am CT via TEAMS. The purpose of the conference will be to respond to provide a general overview of the specialty commissary, answer questions, and to provide any additional instruction to Bidders regarding the submission of Bids. Bidders are not required attend the Bidder Conference in order for their Bid to be considered for an award. All answers to questions or any amendments that result from the Bidder Conference will be posted to the Wisconsin eSupplier Portal. Bidders are cautioned that only formal amendments issued via the Wisconsin eSupplier Portal are binding. If no questions are received, the DOC reserves the right to cancel the Bidder Conference.
Bidder wishing to attend the Bidder Conference must RSVP to Cynda Solberg, Procurement Manager by July 9, 2024 to request a link to the TEAMS meeting. Bidders should email Cynda at DOCProcurementManager@wisconsin.gov and reference the RFB CKS-9702 and that they wish to receive a meeting invitation to the conference. Bidders can also elect to join the TEAMS meeting via phone.
6.6 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.
6.6.1 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 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.
6.6.2 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, and one electronic version (on a USB drive) of all the materials required in Section 8, by the due date and time to:
| USPS ADDRESS |
| COMMON CARRIER ADDRESS |
| Cynda Solberg, Purchasing Director |
| Cynda Solberg, Purchasing Director |
| 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 must be received and time-stamped at the above location no later than 2:00pm CT on August 1, 2024. 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 TITLE: Specialty Commissary
RFB NUMBER CKS-9702
RFB DUE DATE AND TIME August 1, 2024, 2:00pm CT
DOC is not responsible for deliveries that do not reach the DOC Procurement Office by the required due date and time.
6.7 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 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 Cost Sheet-Attachment A, included in this RFB. Include one hard copy of the Cost 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.
Bid Response Qualifications and Requirements: The Bidder shall include the Mandatory Requirement Checklist Attachment B, included in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed.
6.8 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
The award(s) for the specialty commissary will be made on the basis of the lowest price from a responsive, responsible Bidder that meets all of the specifications. DOC will award the specialty commissary to up to three vendors. PIOC and FF will be able to order as they wish from the awarded vendors, regardless of how the vendors were “ranked” through this RFB process.
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.
7.5 BIDDER REFERENCES/CLIENT LIST
The Bid shall include Bidder references by completing the Form DOA-3832, listing at least four 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 five of 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 SUPPLIER DIVERSITY
7.6.1 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
7.6.2 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
7.6.3 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
7.6.4 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
7.7 NOTIFICATION OF AWARD
All Bidders who respond to this RFB will receive the notification of award(s) in writing.
8.0 REQUIRED FORMS AND OTHER DOCUMENTS
The following is a list of forms pertaining to this RFB that must be submitted for the RFB response to be considered.
· DOA 3832 Bidder Required Form
· Attachment A Cost Sheet
· Attachment B Mandatory Requirements Checklist The following are other forms/attachments to this RFB:
· Attachment C- DOC Rider
· State Standard Terms and Conditions image1.jpeg
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