AG-2021-35 SCOB.docx

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Attached to
DATCP: Printing, AG-2021-35
Solicitation number
AG-2021-35
Issued by
Wisconsin

About this file

This is a Request for Bid (RFB) issued by the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for the printing of rejected tags (TR-WM-3). The primary product consists of tags measuring 6 1/4" x 3 1/8" printed on 60-pound Astrobright Red cover stock with black ink, one-sided printing, reinforced fiber-board holes, and angled corner cuts. DATCP requests bids for three quantity levels: 1,000 units, 2,000 units, and 3,000 units. The bid was issued on April 29, 2021, with questions due by May 4, 2021, at 10:00 AM CDT and bids due on May 7, 2021, at 2:00 PM CDT. The contract start date is May 10, 2021. No bidders conference or site visit is specified. The contract term is one year with the option for up to two additional one-year renewal periods upon mutual written agreement.

Pricing must be submitted on a per-unit basis using the provided cost sheet and remain firm for 365 calendar days following bid opening. All bids must be submitted FOB Destination, freight prepaid, with costs included in the quoted price. Delivery is expected around the 20th business day to DATCP's facility in Madison, Wisconsin. Bidders must have at least three years of printing production experience, possess email and FTP capabilities, and submit three non-returnable samples produced within the previous 12 months. A 90-day evaluation period follows contract award, during which the contract may be cancelled if quality or responsiveness is unacceptable. Late delivery charges up to 5 percent per day may be assessed, and defective products may be returned within 30 days at no charge to DATCP. No set-asides or incumbent information is identified in this solicitation.

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AG-2014-17 Bid Abstract.doc DOC document
Doa-3604 Standard Termsand Conditions for StateofWI Printing.doc DOC document
DOA-3832 Bidder Required Form.doc DOC document

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Text version

Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO:

DATCP – FINANCE SECTION

ATTN: Mary Hensler 2811 Agriculture Drive PO Box 8911 Madison, WI 53708-8911

REQUEST FOR BID

Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

BIDDER’s Name and Address
BID # AG-2021-35, “TR-WM-3”

Reject Tag

Due Date: May 7, 2021 TIME: 2:00 PM CDT

Buyer Name: MARY HENSLER Email: marya.hensler@wi.gov Phone: 608-224-4752 Fax: 608-224-4737

|X| Fax bids are not accepted

BID RESPONSE INSTRUCTIONS:

1. Read the entire bid including all terms, conditions and special specifications. The standard terms and conditions apply to any subsequent award.

2. Bid number and bid opening date must be on outside front lower left corner of the sealed bid envelope/package (bid or no-bid).

Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.

3. Bids must be in ink or typed (pencil is unacceptable), signed and dated.

4. Bid responses (bid or no-bid) must be submitted on this form. Make copies for your records.

5. For a “No-Bid” response, return only the signature page, signed and marked “No-Bid”.

6. Each Numbered, sealed bid response (bid or no-bid) must be in a separately identified sealed bid envelope/package and must be received in the Finance Office prior to specified time. Late bids will be rejected.

7. Bids submitted by “express/overnight” services must be in separate inner envelopes, sealed and identified as stated above.

8. Use one of the options below to return your bid response:

U.S. Mail:UPS, Fed Ex, etc.:
DATCP – FINANCEDATCP - FINANCE
2811 Agriculture Drive2811 Agriculture Drive
PO Box 8911Madison, WI 53708

Madison, WI 53708-8911

9. Delivery can be made: _____________ days or ________ weeks after receipt of order.

10. Payment terms:___________________

11. Prices shall be firm for acceptance _______ days from date of bid opening, or as stated in the special conditions of bid.

12. Vendor’s quotation reference number, if any _________________ This number will appear on the purchase order.

13. Minimum order amount, if any $ ____________ Minimum quantity, if any ________________

14. Vendor contact person: _________________________________ Phone # _____________________________

15. Email address: ________________________________________ Fax # _______________________________

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
|_| Yes |_| No |_| Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print) Title Phone ( )

Fax ( )

Authorized Signature

Date Federal Employer Identification No.

Social Security No. if Sole Proprietor (Voluntary)

REQUEST FOR BID

AG-2021-35

Issued: April 29, 2021

Responses Due: May 7, 2021, 2:00 PM CDT

1.0 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what DATCP intends to purchase. Reviewing this section will help you determine your ability to meet DATCP’s needs.

1.1 DEFINITIONS

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

Agency:
An office, department, Agency, institution of higher education, association, society or other body in State government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.
Authorized Users:
Includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §16.70 (1b), (1e), (2), (4) and (8), §16.73 and §66.0301 of the Wisconsin Statutes and PRO-D-30 of the State Procurement Manual.
Bid:
A price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.
Bidder:
A person or firm that responds to this Request for Bid.
Broker:
Is someone that acts as an agent for others, as in negotiating Contracts, purchases, or sales in return for a fee or a commission?
Business Days:
Means Monday through Friday 8:00 AM to 4:00 PM CDT excluding State holidays.
Contract:
The written agreement between the successful Bidder and the State 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:
The person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual Services, or leasing real property to the Procuring Agency.
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.
DATCP:
means Department of Agriculture, Trade and Consumer Protection
Delivery Hours
means delivery hours are 8:00 AM to 3:00 PM, Monday through Friday, except state holidays, unless otherwise noted on the order.
Department:
means Department of Agriculture, Trade and Consumer Protection
FOB Destination
means seller pays for and retains title and control of goods until they are delivered, and the Contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation. The seller is responsible for filing claims for loss or damage.
Lowest Responsible Bidder
means the person or entity submitting the competitive bid with the lowest price that meets the Specifications contained in the requests for bids. In establishing the lowest responsible Contractor, all of the following factors may be considered.

(a) The financial ability to provide the services required or to complete the Contract;

(b) The skill, judgement, experience and resources to complete the Contract;

(c) The necessary facilities, staff, personnel and equipment to complete the Contract;

(d) The demonstrated ability to satisfactorily perform the work or provide the materials in a prompt, conscientious manner;

(e) The demonstrated ability to comply in situations where the award is contingent on special considerations subject to nature of the services or Contract required; and

(f) Any other factor determined to be relevant in assessing the Contractor’s ability to supply as required. (Admn. 6.01 (9))

Notice of (Intent to) Award:
A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).
PMS:
Pantone Matching System (inks).
Procurement:
means the process of obtaining goods, including all activities from the planning process, preparation, and processing of a requisition, through receipt and approval of the final invoice for payment.
Specification:
means a description of what DATCP requires and consequently, what a Contractor must offer to be considered for an award. 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, the necessary performance criteria, and a description of the procedures to be followed when submitting and evaluating bid.
State Holidays:
are days on which DATCP are legally closed and usually coincide with federal holidays in the United State; however, each state defines its own state holidays.
Working Days:
Are Monday through Friday, 8:00 AM to 3:00 PM CDT, except for state holidays.

1.2 Purpose and Scope of the Request for Bid

DATCP requests Bids for the purchase of printing “Rejected Tag” (TR-WM-3) and intends to use the results of this process to award a Contract. DATCP does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities to be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum Contract price during the term of the Contract.

1.3 Contract Term

This Contract will run for an initial one (1) year period. DATCP and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional two (2) one (1) year periods. The Contract shall be effective on the date it is executed by the Procuring Agency. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

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

1.4 Evaluation Period

The resulting Contract is subject to an initial ninety (90) day evaluation period. If at the end of that time, the quality and/or responsiveness of the Contractor is unacceptable according to the terms of this bids, the Contract may be canceled and awarded to the next lowest responsible Bidder or rebid.

1.5 Orderly Termination

Upon termination/cancellation or other expiration of these Contracts, the Contractor shall immediately return to the other all materials, and other properties of the other held by the Contractor for purposes of execution of this Agreement. In addition, each Party shall assist the other Party in the orderly termination of this Agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disruptive business continuation of each Party.

1.6 Modifications of Contract

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

1.7 Order of Precedence

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

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 State of Wisconsin

· Request for Bid

1.8 Cooperative Purchasing Services

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

1.9 Responding to Bid Requirements

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Procuring Agency 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 Procuring Agency with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the Procuring Agency as itemized questions that require an affirmative response from you that you can meet them (e.g., "yes/no" prompt, dropdown menu, required attachment). Other requirements may be presented in a grouped manner (e.g., "Does your company meet requirements 2.1-2.8?"). For any itemized or grouped requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

1.10 Firm Pricing

Prices must remain firm for 365 calendar days after bid opening. Prices established may be lowered due to general market conditions.

Price change requests must be received by the Finance Office in writing 90 calendar days prior to the effective date of proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Finance Office deems cost increases are not acceptable, it reserves the right to re-bid the contract in whole or part. Acceptance of the price increases shall be in writing.

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.

2.1 Experience

All Bidders shall have been performing print production as described in the Specifications, Attachment A for the past three (3) years.

2.2 Manufacturing

All work will be performed with the plant of the Contract printer unless accepted by DATCP per Wis. Stats. 35.56(4). This Contract will not be awarded to a Broker.

3.0 MANDATORY SPECIFICATIONS OF BID

All Specifications are defined as mandatory minimum requirements in this section. For a Bidder to be considered, the Bidder must meet all requirements listed. In the event that no Bidders is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 TECHNICAL REQUIREMENTS

INTENTIONALLY LEFT BLANK

3.1.1 Quality Standards

DATCP requires all work performed on this Contract to be of excellent quality, conforming to these quality criteria:

1. Inking must be consistent and uniform throughout in color strength and density.

2. Accurate registration consistent with current offset printing.

3. Correct ink match to specified PMS colors.

4. Four color process printing must match contract proof.

5. Finishing operations must be clean and applied correctly.

6. Cutting and trimming must be square, clean and correctly aligned and positioned.

7. Regular use of quality measurements tools on press sheets, such as registrations targets and color bars.

8. Consistent use of densitometry throughout the prepress and press processes.

9. Consistent calibrations in the prepress and at the press and the proper use of color corrected lighting in press and proofing areas.

10. Additional controls of humidity and temperature in all production and work staging areas, paper storage in temperature and humidity controlled areas and cleanliness of work areas.

The Contractor must employ industry standard process controls to ensure and maintain quality printing.

3.1.2 Electronic Communications

The Contractor must have email capabilities and a file transfer protocol (FTP) web server.

3.1.3 Required Software

DATCP will submit electronic files in a variety of software’s, such as Quark Xpress, Adobe Suite and Microsoft Suite. The Contractor must be able to work with electronic files created in these applications.

3.1.4 Digital Files

Contractor must be able to edit original digital files.

3.2 PERFORMANCE AND SUPPORT REQUIREMETNS

INTENTIONALLY LEFT BLANK

3.2.1 Quantities

The requested quantity is 1,000.

3.2.2 Overruns / Underruns

This is an exact count contract with no underruns allowed. Overruns are not to exceed ten (10) percent (%). The Contractor will be paid for the actual quantity delivered within this tolerance. In the case of underruns, DATCP may require an order be placed back on the press, at no additional charge to DATCP and may accept lower quantity at a negotiated price, at the sole discretion of DATCP. Overruns will be priced based on per unit of each cost.

3.2.3 Artwork

Electronic artwork files will be submitted with each purchase order via email or Contractor’s FTP Site. Contractor is required to return original files at no charge. Upon request the Contractor must return final printer files to DATCP. Contractor may not charge for returning electronic files during the life of the contract.

3.2.4 Contractor Furnished Stock

The Contractor, will furnish the supply paper for the requested printed job, may charge no more than five (5) percent (%) over the invoice received by the Contractor from their paper supplier. A copy of that invoice may be required by DATCP to be submitted with the print invoice.

3.2.5 Inks

Varnish, black, process and all PMS colors must be available. The printing specifications are built with black ink with a clear laminated coat over the printed matter.

3.2.6 Coatings

Aqueous, Varnish, UV and lamination coatings are required to be available. Printing specifications are built with a clear laminated coat over the printed matter. The additional cost must be calculated into the Contractors unit price, and not charged separately.

3.2.7 Finishing / Packaging

Die cutting is required on the Contractor. Shrink wrapped into packages of 50. Each package/carton must be clearly identified with the name of the product, purchase order number and quantity contained within each package and carton.

3.2.8 Proofs

A proof appropriate to the job will be specified by DATCP. Proofs may require overnight shipment on part of the Contractor and DATCP.

The shipping for the first proof to DATCP will be paid for by the Contractor and DATCP will pay for proof shipping back to the Contractor. All subsequent proofs will be charged accordingly to the Contractor’s hourly rate. Shipping for additional proofs will be paid for by the Contractor, and DATCP will pay for returning any additional proofs. The Contractor must take into consideration in their bid the cost of shipping of proofs for the next day delivery (e.g.: UPS Next Day, Federal Express). DATCP will return any and all subsequent proofs via Spee-Dee delivery service.

Proof Time Allowances Proofing time allowed will be 4 working days (Monday through Friday, except State holiday’s). Proofing time begins the day Good Files are received by the Contractor. The Contractor must report any file problems to DATCP within the first 24 hours of a working day (Monday through Friday, except State holidays) of receiving files. Shipping of the proof should be at the end of the next to last working day to allow DATCP to receive the proof by the Final Day.

PDF Proofs (After RIP) This is a Portable Document Format (PDF) created by Adobe that enables a document to be distributed on different systems while preserving the layout. The Contractor must have the ability of producing PDF Proofs. PDF Proofs will be provided at no additional charge.

Color Proof The color proofs that show color breaks and are calibrated to the press to show the true color after production. These proofs will be supplied trimmed, back-up to show the actual trim of final product. They are an important validation tool for the customer and a quality control guide for the press operator. The Contractor must have the ability to produce Contract Proofs.

3.2.9 Support Requirements

The Contractor is required to provide the following services for each order submitted on the Contract:

1. Product the type of work described in the Contract.

2. Provide all materials and services required by the order.

3. Cover shipping, insurance and other costs incidental to and necessary for proofing, manufacturing and delivering the printed product, returning artwork and samples with invoices.

4. Store and archive electronic files for the duration of the Contract.

5. Return, at no charge to DATCP, any specifically requested files during or at the end of the Contract period within 180 days after Contract has ended

3.2.10 Customer Service and Responsiveness

Customer service and responsiveness are critical to the Contract. The Contractor is required to:

1. Maintain a primary contact for DATCP orders throughout the term of the contract.

2. Respond to all inquiries within 24 hours after a request is placed by DATCP.

3. The Contractor is expected to review each order for accuracy and completeness and to advise DATCP of any discrepancies. Orders must be acknowledged promptly, reference the order number and delivery date. The acknowledgement becomes a firm delivery.

4. Acknowledge orders as described on purchase orders.

5. Resolve conflicting/foreseeable issues with the purchase order.

6. Notify DATCP of scheduling problems and changes. The Contractor must notify DATCP when a change in delivery date is anticipated. This notice must be made by telephone and confirmed in writing via email.

Contractor shall acknowledge receipt of an order. Contractor is required acknowledge an order within 48 hours if they cannot make the delivery as scheduled.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State 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 State 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 State.

4.1 Ordering Method

DATCP will use issue individual purchase orders each time, an order is issued.

4.2 Invoicing

A separate invoice with samples of completed work for each individual order must be sent directly to DATCP’s Finance Office promptly after the job is delivered. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order, including reference to purchase order number and submitted to the correct billing address for processing. Invoices shall not be dated as received or processed for payment until all accompanying items required are received by DATCP.

Contractor invoices shall be submitted within thirty (30) days of delivery. Invoices for purchase orders shall contain complete and accurate information. All Contractor invoice discounts for quick payment must be extended to the State of Wisconsin.

The Contract shall be paid after the following has been provided:

· Confirmation of receipt of delivery.

· Receipt of an invoice that meet the requirements above.

Failure to meet Contract requirements may result with DATCP withholding payment.

4.3 Delivery Instructions

Delivery will be made by common carrier or Bidder’s vehicle, with unloading to be performed by the carrier or Bidder and carton(s) transported to the interior or ground floor, or inside dock at 2811 Agriculture Drive, Madison, WI 53718. Delivery is expected on or around the 20 business day. Failure to accept this delivery requirement may disqualify the Bid.

Failure to bid FOB destination, freight prepaid and allowed in the bid price will disqualify the Bid.

4.4 Duplicates and Over Shipments

Upon notification by DATCP of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within five (5) business days of receipt of written notification from the Procuring Agency, the Procuring Agency shall dispose of them at its discretion and will not be held liable for the cost.

4.5 Return Policy for Defective or Damaged Goods

Defective and / or non-conforming (based on the specifications of the order) products, as determined by the Authorized User, may be returned within thirty (30) days of receipt. There shall be no charge to DATCP. DATCP retains the option to request that the defective product be replaced or cancel the order. Amount credited or refunded, if necessary to DATCP shall be equal to the price of the defective product.

4.6 New and Discontinued Items

DATCP reserves the right to add new printing items that are exact as the same description, with the only change being the color of ink being used and color the paper stock. This contract is based on technology changes or changes to standards unknown at the time of this bid. Contractor prices must be comparable to current pricing for the like products. Contractor should promptly notify DATCP’s Finance Office of new or discontinued products.

4.7 Liquidated Damages

When a Contractor fails to comply with a Contract requirement/s, when a delivered item is improperly produced or otherwise not to specifications, or when time is of the essence, the Contractor may be assessed damages for any order or part of an order that is overdue or defective. A late delivery charge in an amount not more than five percent (5%) per day of the net due for each working day the Contractor is late may be charged to the Contractor. The late delivery fee may be deducted from any payments due to the Contractor.

Contractor’s whose default has caused additional expense to DATCP may be assessed liquidated damages to compensate DATCP for actual damages incurred.

4.8 BACKGROUND CHECKS

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable, in order to determine whether any conviction exists that is substantially related to the solicited Commodity or service, or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor's ability to meet contractual obligations and requirements.

4.9 Payment Terms

DATCP shall audit invoices and approve them for payment only if the invoice complies with the specifications, purchase order and samples of the completed job.

DATCP shall pay properly itemized and submitted invoices within thirty (30) days of receipt, providing goods have been delivered and accepted as specified. A payment may be in the form of a written check or electronic deposit.

No orders shall be accepted without an official state purchase order.

4.10 Cancellation and Termination

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days, written notice of the Contractor's right to cure a failure of the Contractor to perform under the terms of this Contract. The Contractor may terminate this Contract after providing the State a one hundred and twenty (120) calendar day notice of the State's right to cure a failure of the State 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.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin 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 State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or Services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

· Fails to perform any material obligation required under the Contract.

· Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice

· Makes an assignment for the benefit of creditors

· Fails to follow the sales and use tax certification requirements of §77.66 of the Wisconsin Statutes

· Incurs a delinquent Wisconsin tax liability

· Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

· Becomes a federally debarred Contractor

· Is excluded from federal procurement and non-procurement contracts

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

· Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

· Contractor performance threatens the health or safety of a State employee or State customer

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

Intentionally Left Blank

5.1 Method of Bid

The Bidder shall submit a net unit price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2 FOB Destination, Freight prepaid and Allowed

Delivery will be made by common carrier or Bidder’s vehicle, with unloading to be performed the carrier or Bidder and carton(s) transported to the interior or ground floor, or inside dock. Bid prices shall include all packing, freight and insurance charges.

Failure to bid FOB destination, freight prepaid and allowed in the bid price will disqualify the Bid.

5.3 Bid Cost Sheet Instructions

Bidders will submit a unit price for each line item on the bid cost sheet using Attachment D. Bidders shall complete the attached Bid Cost Sheet (Attachment D). Bidders may not alter the Bid Cost Sheet in any manner unless instructions on the Bid Cost Sheet indicates otherwise.

5.4 Requesting Price Adjustments

Prices must remain firm for 365 calendar days after bid opening. Prices established maybe lowered due to general market conditions.

Price change requests must be received by DATCP’s Finance Office in writing 90 calendar days prior to the effective date of the proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented costs increases submitted with the request. If DATCP’s Finance Office deems cost increases are not acceptable, it reserves the right to re-bid the contract in whole or part. Acceptance of the price increase shall be in writing.

6.0 BID PROCEDURE AND INSTRUCTIONS

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 the Procuring Agency 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 VendorNet or via email. Portal.

DATE
EVENT
April 29, 2021
Date of Issue of the RFB
May 4, 2021 10:00 AM CDT
Date Questions Due
May 5, 2021
Responses to Questions Posted
May 7, 2021, 2:00 PM CDT
Bids Due from Bidders
May 10, 2021
Contract Start Date

6.1 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by May 4, 2021, 10:00 AM CDT. 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 shall immediately notify the Procuring Agency representative 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: marya.hensler@wi.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #AG-2021-35 and be directed to Mary Hensler.

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 will be issued via email.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mary Hensler is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Mary Hensler may authorize in writing contact or communication with another State employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of the current Contract only.

6.2 REASONABLE ACCOMMODATIONS

Upon request, DATCP shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability, please contact: Mary Hensler, via email: marya.hensler@wi.gov

6.3 SUBMITTING A BID

Bidders have two (2) options in responding to this RFB.

6.3.1 HARD COPY BID

Bidders have the option to mail or otherwise provide a hard copy Bid when responding to this RFB. If your company elects to do so, Bidders shall submit an original signed bid response along with all required forms for acceptance of their Bid by the deadline to:

USPS ADDRESS
COMMON CARRIER ADDRESS

DATCP – FINANCE OFFICE

DATCP – FINANCE OFFICE

Attn: Mary Hensler
Attn: Mary Hensler
2811 Agriculture Drive
2811 Agriculture Drive
Madison, WI 53718
PO Box 8911

Madison, WI 53708-8911

All Bids shall be received and time-stamped at the above location no later than April 30, 2021, 2:00 PM CDT. 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 DATCP’s Finance Office.

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

BIDDER NAME AND ADDRESS

RFB TITLE

RFB NUMBER

RFB DUE DATE AND TIME

Hand Delivered Bids:

Hand delivering a bid to DATCP’s Office Building, at 2811 Agriculture Drive, Madison, WI is NOT AN OPTION. As the building is currently on lock down.

6.3.2 EMAILED BIDS

Email is the preferred method when submitting your bid response: Please email to: marya.hensler@wi.gov

An emailed Bid SHALL be received by DATCP’s Finance Office prior to the Bid opening due date and time, at the place shown on the Request for Bid. The Bidder is still responsible for submitting/mailing in the required samples. See Section 7.5 for additional information.

Prior to the Bid opening deadline, the Bidder is responsible for confirming that their emailed Bid response has been successfully received by DATCP. Proof of transmission doesn't constitute proof of receipt. In addition, the required form (DOA-3070) shall be signed and returned via mail or fax within one (1) business day after the Bid opening due date for continued consideration of the Bid.

Bid responses shall be emailed to marya.hensler@wi.gov. Submitting a Bid to any email address other than marya.hensler@wi.gov does not constitute receipt of a Bid by DATCP.

It is the Bidder's responsibility to verify that the emailed Bid has been timely received and delivered to the Procuring Agency by the Bid opening date and time. The Procuring Agency is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission doesn't constitute proof of receipt.

Emailed Bids that do not meet this requirement will be rejected.

6.4 FORMAT OF BID RESPONSE

Signed Request for Bid Sheet: 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 vendor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed Bid, the vendor's signatories certify that in connection with this procurement:

(a) the vendor'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 vendor's organization
or by any agent of the vendor'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 vendor'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 for Wisconsin Printing (DOA-3604); (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Vendors 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 vendor 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 vendor's proposal. 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.

Cost Information: Provide price information on the Bidders Cost Sheet Attachment D, included in this RFB. Include one hard copy of the Cost Sheet with the Bid response and one electronic copy in Excel format. All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this Bid.

Bid Response Qualifications and Requirements: The Bidder shall include the Bidder Response Sheet Attachment A, 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.

Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.

6.8 INCURRING COSTS

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

7.0 BID ACCEPTANCE AND AWARD

Intentionally Left Blank.

7.1 BID OPENING

NO PUBLIC Bid opening is scheduled at this time.

7.2 BID REVIEW

All Bids will be reviewed by DATCP – Finance Office, Procurement Specialist to ensure compliance with submittal requirements. DATCP – Finance Office 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. DATCP in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

7.4 METHOD OF AWARD

The Bid award will be made on the basis of the lowest price, responsive, responsible Bidder on LINE 3. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

DATCP – Finance Office intends to award to one (1) award, to one (1) Bidder, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

7.5 SAMPLES

All Bidders shall submit a minimum of three (3) non-returnable samples of the approximate size and actual paper weight as described in this RFB. Samples must be clearly identified as to the specific paper weight. All samples supplied by the bidder must have been produced in the bidder’s plant on their own equipment during the twelve (12) months prior to submission of this bid. These samples will be used to verify compliance of each bidder. Bids submitted without samples maybe rejected. Samples must be submitted at no cost to DATCP in order to verify product compliance with the Bid Specifications.

Samples shall be clearly labeled as "Sample" and shall be identified with the Bidder's name, the RFB number, due date, and Bid Item number.

Samples shall be delivered no later than May 7, 2021, 2:00 PM CDT to:

DATCP – FINANCE OFFICE

Attn: Mary Hensler

2811 Agriculture Drive

Madison, WI 53718

All samples provided by the Bidder will be reviewed by DATCP in an identical manner in order to verify product compliance with the Bid Specifications.

Samples NOT meeting Bid Specifications will be rejected and the Bid will be disqualified. The Procuring Agency will be sole judge of sample compliance with the Bid Specifications.

The Procuring Agency will retain the sample(s) submitted by all bidders. Once a sample has been approved, the Bidder shall supply the Procuring Agency with the same product, of the same quality, from the same manufacturer as the original samples submitted, for the duration of the Contract.

7.6 BIDDER REFERENCES/CLIENT LIST

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

7.7 USE OF SUBCONTRACTORS

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

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

7.8 DEBARMENT

Federal Executive Order (E.O.) 12549 "Debarment" requires that all contractors receiving individual awards using federal funds and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or Agency from doing business with the Federal Government. Information on debarment is available at the following website: https://www.sam.gov/portal/SAM See Section 13.0 of the Standard Terms and Conditions for State of Wisconsin Printing (DOA-3604).

7.9 AWARD NOTIFICATION

All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency's intent to Contract.

8.0 REQUIRED FORMS

The following is a list of forms pertaining to this RFB. These forms shall be completed and returned with the Bid response.

DOA-3070 - Bid Cover Sheet DOA-3832 - Bidder Required Form DOA-3604 – Standard Terms and Conditions for Printing Attachment A – Bidders Response Sheet Attachment B – Printing Specifications Attachment C– Bidder Price Sheet Attachment D – Artwork Attachment E – Wage Information Amendment/s – if and when issued

ATTACHMENT A

BiD RESPONSE SHEET

I have reviewed all requirements and meet them all without exception. In the event my company cannot meet one (1) or more of these requirements, an explanation will be attached.

Requirement Complies Does Not Comply

2.1 Experience

Bidder has submitted documentation, stating they have been in the business of printing for three (3) or more years. DATE: _________________________

7.5 Samples.

Bidder has supplied a minimum of three (3) non-returnable previously printed samples, which are printed on the stock requested in this RFB.

7.7 Subcontractors

8 Bidder has submitted required forms.

Bidder / Authorized Signature Supplier Name

ATTACHMENT B - Printing Specifications

ID # AG-2021-35
“REJECTED TAG” – TR-WM-3

QUANTITY:

3,000 (pricing for other quantities is also being requested for Contract pricing, see Attachment C)

DELIVERY:
Delivery: F.O.B. Destination Door, Attention: Elle Winters

DATCP, 2811 Agriculture Drive, Madison, WI 53718

VENDOR SHALL NOT SHOW ITS LOGOTYPE OR OTHER FIRM OR BRAND NAME ON PRINTED MATTER

GENERAL

DESCRIPTION:

Tag, 9/16" FIBER-BOARD REINFORCED HOLE (FRONT & BACK) ON TOP OF TAG, WITH 1/4 # HOLE, Black Ink, Printed 1 Sided, 60$ card stock, Astrobright Red.

PAPER STOCK:
Astrobiright 60# Cover, “RED”
SIZE:
6 1/4” x 3 1/8”, with 1/2” cut die-angle corner (one end only)
HOLE:
Size: ¼”

Placement: same end as the 1/2” cut die-angle corners. See artwork for placement.

PATCH:
9/16” Fiber-Board Reinforced Hole, Front and Back on top of tag
PRINT:
1 Sided
INK:
BLACK
FINISHING:
Shrink Wrap packages in units of 25.
PACKAGING:
All printed matter must be firmly packed in cartons to protect against jamming and shifting, spoilage, loss, or damage during delivery. Each order must be packed separately. Packaging materials, including cartons, skids, and pallets, must be furnished by the contractor.
ARTWORK:
DATCP will provide press ready PDF file artwork.
PROOF/S:
|X| PDF Proof

The schedule may require overnight shipment of proofs on the part of the contractor and the agency. The contractor will pay for shipping proofs to the agency. The cost of shipping the proof back to the contractor will be paid by the agency. The contractor must take into consideration in their bid the cost of shipping proofs to the agency for next-day delivery (e.g. UPS Next Day, Federal Express). Agencies will return proofs via the same method, when necessary to meet the production schedule.

ARCHIVING:
|X| Yes

When using electronic files, the printer will supply both print-quality and web-quality electronic PDF files of the entire job in final published form to the ordering agency. Vendor will preserve electronic files in working order for two years from date of delivery or return originals to the ordering agency.

QUALITY EXPECTATIONS:

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