Attachment_B_-A1_-_Performance_and_Support_Reqs.docx
DOCX document 259 KB Posted
- Attached to
- Non-IT Temporary Help Services
- Contract number
- 505ENT-M24-TEMPHELPSV-00
- Issued by
- Wisconsin
About this file
This document is Attachment B - A1 Performance and Support Requirements for Wisconsin Department of Administration RFB 28414-KH, establishing mandatory performance and support requirements for state contractors providing non-IT temporary staffing services. The requirements apply to contractors and their personnel working at various Wisconsin state agencies, institutions, municipalities, and public bodies across different Wisconsin regions as specified in the contract pricing attachments.
The contract covers non-IT temporary staffing services with strict performance standards including compliance with federal, state, and local employment laws, confidentiality requirements, and specific billing procedures. Contractors may only bill for actual hours worked plus approved 15-minute breaks, with overtime paid at 1.5 times the hourly rate for hours exceeding 40 per week and time-and-a-half for state holidays. Pricing remains firm for the first twelve months, after which increases require State Bureau of Procurement approval with 30-day advance notice and proper justification. The contract includes optional expedited placement fees for 48-hour fill requirements, requires quarterly sales reporting in specified Excel format, mandates criminal background checks through Wisconsin Department of Justice for all assigned personnel, and establishes comprehensive invoicing requirements including detailed breakdowns of regular/overtime hours, shift differentials, and travel mileage at state rates.
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Other files
| File | Type | Posted |
|---|---|---|
| 1 User Guide 3-1-24.docx | DOCX document | |
| Attachment H - Report Template.xls | XLS spreadsheet | |
| Cost Sheet 3-26-25.xlsx | XLSX spreadsheet | |
| Attachment F - Wisconsin Regions.docx | DOCX document | |
| NEW Request for Service Form 3-2024.docx | DOCX document | |
| RFB 28414-KH Non-IT Temporary Help Services Final.pdf | ||
| Attachment G - Job Title Descriptions Final.docx | DOCX document | |
| Vendor Contact List.xlsx | XLSX spreadsheet |
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State of Wisconsin Department of Administration – RFB 28414-KH Attachment B – A1 – Performance and Support Requirements
3.0 PERFORMANCE AND SUPPORT REQUIREMENTS
PERFORMANCE REQUIREMENTS
Performance and Support Requirements are considered mandatory. Failure to meet a requirement may result in the cancellation of a contract award.
| # |
| REQUIREMENT |
| 3.1.1 |
| Bidder must be able to provide services at the locations as self-identified on the Non-IT Temporary Staffing Services Pricing, Reference Attachment C – Bid Cost Sheet and Attachment F – Wisconsin Regions |
| 3.1.2 |
| Contractor and Contracted Personnel shall comply with all federal, State, and local laws regarding working conditions, hours of employment, overtime regulations, and methods of payment. Contractor and Contracted Personnel shall perform work in compliance with all applicable federal, State, and local laws, codes, and regulations including the Civil Rights Act, the Americans with Disabilities Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act. |
| 3.1.3 |
| Contractor and Contracted Personnel shall keep all documents and information provided by the State strictly confidential. At the Authorized User's option and with prior notice by the State, the Contractor and Contracted Personnel shall return to the State all original documents and data files provided by the State. |
| 3.1.4 |
| The Contractor or Contracted Personnel shall not reproduce or remove any document from the State premises without prior authorization by the State. Any open records request received by a Contractor or Contracted Personnel shall be redirected to the Contract Manager and the Authorized Users representing the accounts subject to the open records request. |
| 3.1.5 |
| Contractor shall bill the Authorized User only for the number of hours the Contracted Personnel actually works on the State premises or approved remote locations and for up to one 15 minute break time for each four-hour period worked, provided that the break does not occur at the beginning or at the end of the assignment or work shift, and that the individual does not leave the premises if not working remotely. A minimum 30-minute lunch break which is not paid by the State is determined by the Authorized User. The Authorized User shall pay only for time spent on official State business providing services and shall not reimburse mileage or travel time to or from work, wash-up time, mealtime, or any other add-ons or expenses. |
| 3.1.6 |
| Temporarily assigned individuals shall not work overtime unless approved in writing in advance by the Authorized User. Overtime is defined by the Fair Labor Standards Act (FLSA) as more than 40 hours in a workweek. The workweek period is determined by the Authorized User. |
| 3.1.7 |
| Hours worked in excess of 40 per week shall be paid at one-and-one-half times the contracted hourly rate. |
| # |
| REQUIREMENT |
| 3.1.8 |
| Holiday hours worked during State Holidays shall be paid at time and a half. Hours worked during State Holidays after 40 hours have been worked in that workweek shall be paid at double the contracted hourly rate. |
Currently recognized State Holidays:
· January 1 (New Year’s Day)
· Third Monday in January (Martin Luther King Jr. Day)
· Last Monday in May (Memorial Day)
· July 4 (Independence Day)
· First Monday in September (Labor Day)
· Fourth Thursday in November (Thanksgiving Day)
· December 24 (Christmas Eve)
· December 25 (Christmas Day)
· December 31 (New Year’s Eve)
| 3.1.9 |
| Mileage for authorized travel from headquarters/starting work location to other location(s) during the workday shall be paid at the State mileage rate (https://dpm.wi.gov/Pages/HR_Admin/Class-and-Comp-HR-Admin.aspx - see current Pocket Travel Guide for rates). All travel must be preapproved by the Authorized User. If a billing dispute should arise concerning miles traveled, the shortest route suggested by Google Maps (directions feature) may be used to validate distance traveled. |
| 3.1.10 |
| Adding Position Level job titles: if the State determines that additional job titles are required, Contractor may provide Hourly Bill Rates along with market justification. All job titles and Bill Rates must be approved in writing by the Contract Manager prior to any assignment. |
| 3.1.11 |
| If a requester is in need of a position to be filled within a 48-hour timeframe, a one-time fee as submitted in Attachment C – Bid Cost Sheet can be applied to the total cost of the service. This fee can only be applied if the 48-hour fill rate is completed with personnel that meets and fulfills the skill level and time requirements of the position. The one-time 48-hour fill rate fee will not be used as a basis for award. |
| 3.1.12 |
| All pricing will remain firm for the first twelve (12) months of the Contract, after which the Contractor may request a price increase, which will be subject to approval by the SBOP. The Contractor will be required to submit proper justification, along with appropriate documentation, with each request for a price increase thirty (30) days before the desired effective date of the change. All increases are subject to approval by the SBOP. The SBOP reserves the right to reject any price increases deemed to be excessive or unjustified. |
| 3.1.13 |
| Contractor shall respond to all general communications no later than one business day. |
| 3.1.14 |
| Contractor shall confirm or decline an Authorized User’s request for temporary help within twenty-four (24) hours or as designated by the Authorized User. |
| 3.1.15 |
| Contractor shall contact the Authorized User within thirty (30) minutes after the Contracted Personnel’s scheduled starting time on the first day to confirm the individual’s arrival, and at the end of the first day of the assignment to discuss matters related to the individual’s work. |
| # |
| REQUIREMENT |
| 3.1.16 |
| Contractor shall provide all designated Authorized Users a single point of contact, and a backup contact, to handle questions and resolve problems that arise. At least one Customer Service Representative shall be available during Contractor’s operating hours. All service representatives shall have access to information to provide immediate response to inquiries concerning the status of appointments and projects, statewide Contract pricing, Contract offerings and exclusions, Contract compliance requirements, and general Contract information. Representatives should be available by e-mail, fax, or phone (local or toll-free number preferred). |
In the event that the designated point of contact changes, the State Contract Manager must be informed within 24 hours.
Information about the State contract, as well as contact information for the Contract Manager, may be found on the State of Wisconsin VendorNet website.
| 3.1.17 |
| Each Authorized User shall be responsible for placing its own orders, which may be accomplished by written purchase order, telephone, or computer online systems. |
Reporting Requirements
| 3.1.18 |
| The State requires that sales reports be provided by the Contractor to the State Contract Manager on a quarterly basis using the report template, Attachment H – Report Template. The report shall be provided in Microsoft Excel editable format via email to the Contract Manager no later than 15 days following the end of the calendar quarter. A report is required even if the Contractor has zero sales for the quarter. Reporting must use the template layout and provide all information requested, or an explanation as to why fields are left blank (such as including N/A in the end date field when the assignment has not yet ended). Reports provided in another format will not be accepted. All reports must be sent to: doaescontractusagereporting@wisconsin.gov. |
| 3.1.19 |
| Reporting quarterly due dates are: |
· Quarter 1, January 1-March 31: April 15
· Quarter 2, April 1-June 30: July 15
· Quarter 3, July 1-September 30: October 15
· Quarter 4, October 1-December 31: January 15
| 3.1.20 |
| The following fields appear in Attachment H – Report Template and shall be reported: |
· Agency/institution/municipality/public body making the purchase
· Purchase order number
· Purchase order date
· Invoice number
· Invoice date
· Contractor employee name(s)
· Region in which work was performed
· Job classification
· Regular/overtime hours worked
· Bill rates
· Extended price
· Assignment start and end dates
| 3.1.21 |
| The State reserves the right to request additional ad-hoc reporting outside of the regular reporting requirements listed above. |
| # |
| REQUIREMENT |
Recordkeeping and Record Retention
| 3.1.22 |
| Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records shall be kept in accordance with generally accepted accounting procedures. All procedures shall be in accordance with federal, state and local ordinances. |
Duly authorized representatives of the State, the Wisconsin Legislative Audit Bureau and the Contracting Agency shall have the right to audit, review, examine, copy and transcribe any pertinent records or documents relating to any Contract resulting from the RFB held by the Contractor. The Contractor shall retain all documents applicable to the Contract for a period of not less than 3 years after final payment is made.
Invoicing
| 3.1.23 |
| All invoices shall reflect the prices and discounts established for the items on this Contract for all orders placed by Authorized Users, even though the Contract number and/or correct prices may not be referenced on each order. |
The State is required by law to pay or reject invoices within thirty (30) days of receipt by Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per the Contract(s) provisions. Only properly submitted invoices shall be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below.
All invoices shall be itemized showing:
· Contractor name
· Contractor employee name
· Purchase order number
· Release number if given
· Date of order/release
· Job Classification
· Regular/overtime hours worked
· 1st, 2nd, 3rd shift weekday hours worked
· 1st, 2nd, 3rd shift weekend hours worked
· 1st, 2nd, 3rd shift holiday hours worked
· Travel mileage, if applicable
· Travel mileage rate, if applicable
· Hourly bill rates
· Extended prices
· Discounts
· Agency/Institution name
· Agency/Institution account number (some institutions have multiple accounts)
· Invoice total
Contractor shall provide original invoice and requested number of copies to the designated Accounts Payable representative(s) or address(es) for each Authorized User.
Each invoice shall contain only those items covered by the purchase order designated on that invoice. All invoice prices shall be stated in the same units as the units shown on the Non-IT Temporary Help Services Pricing, Attachment C – Bid Cost Sheet. Invoices not meeting the above criteria may disqualify Contractor from future solicitations.
| # |
| REQUIREMENT |
| 3.1.24 |
| If a one-time expedited placement fee is included with prior agency approval per RFB section 5.2, that fee will be added to the first invoice, or as approved in writing by the contracted agency. (If a Bidder is NOT including this optional fee, please check No.) |
| 3.2 |
| PERFORMANCE REQUIREMENT |
| 3.2.1 |
| Contractor shall attempt to utilize the same Contracted Employee for an entire assignment. |
| 3.2.2 |
| If the Authorized User is dissatisfied with the performance of the Contracted Personnel at any time, the Contractor shall replace the individual with another qualified Contracted Personnel for the assignment within three (3) business days. The Authorized User’s request for another individual is not a recommendation to the Contractor to dismiss the individual. |
| 3.2.3 |
| The State reserves the right of an Authorized User to change Contractors at any time and for any reason. Contractor shall agree to continue providing acceptable service during any transition period. Contractor shall agree to assist an Authorized User with the transition planning to a different Contractor. Contractor shall agree to make available at no additional cost, all software, software applications, file formats, and documentation necessary for the State to easily transition to a different Contractor. |
| 3.2.4 |
| The Contractor shall be responsible for the payment of all state, federal, and social security taxes. The State shall not withhold or pay on behalf of any Contractor any sums for income tax, unemployment insurance, social security, or any other withholding for Contracted Personnel pursuant to any law or requirement of any government body. All such payments, withholdings, and benefits, if any, are the sole responsibility of the Contractor. The Contractor shall hold the State harmless from any and all loss or liability arising from any tax, social security payment or benefit, unemployment or worker's compensation insurance payment, or any payment or withholding required by State or federal law. |
| 3.2.5 |
| The Contractor shall be responsible for all State and federal unemployment compensation, worker’s compensation insurance, and professional liability insurance in accordance with Wisconsin Statutes § 655.23, State Procurement Manual § PRO-607 and the University of Wisconsin System Risk Management Manual. Should the Requirements differ among the three documents, the most stringent Requirement shall prevail. |
| 3.2.6 |
| The Contractor shall pay for any loss resulting from any dishonest or criminal act committed by its Employees or Contracted Personnel. |
| # |
| REQUIREMENT |
| 3.2.7 |
| Bidder shall assume the cost of setting up, maintaining, and providing any necessary user training on bidder’s order systems or databases. |
| 3.2.8 |
| Contractor shall refer only Contracted Personnel who are qualified and competent to perform the functions of the assignments, in accordance with the job descriptions as stated in Attachment G – Job Title Descriptions, and who have appropriate training for the assignments. The list of sample duties is intended as a guide for each job category. An Authorized User may assign other similar duties. Contractor shall pre-screen and test staff, where appropriate, to ensure that it refers only those individuals who have the education and/or experience required for the assignment requested. Contractor shall refer only individuals who are able to read and accept verbal instruction and who shall accept instructions to perform work as directed. |
| 3.2.9 |
| Contractor shall not prevent Contracted Personnel from seeking employment with the State under the State’s civil service hiring practices and procedures. |
| 3.3 |
| BACKGROUND CHECK REQUIREMENT |
| 3.3.1 |
| Before Contracted Personnel is allowed to begin work, the Contractor must obtain a criminal arrest and conviction record from the Wisconsin Department of Justice for each employee assigned to the Contract. Such checks are done through the Wisconsin Department of Justice. Information is available at Wisconsin Online Record Check System: https://recordcheck.doj.wi.gov/. Background checks shall be conducted at the Contractor’s expense. |
| 3.3.2 |
| Contractor shall provide proof of criminal background checks, dated less than one (1) year prior to the beginning of the assignment, to the State upon request. All Contractor employee files shall be made available to the State for this purpose, without exception, but shall remain in the possession of the Contractor. Contractor must provide the State with the records of any Contracted Personnel who have an arrest or conviction record for screening. |
| 3.3.3 |
| Some agencies may require a more thorough background check. These background checks will be performed by the Agency at no charge to the Contractor. To facilitate the process, Contractor employees shall complete a background/conviction record form provided by the Agency. Contractor employee may not begin working until the background check has been completed and the Contractor employee has been cleared to work at the facility. |
| 3.3.4 |
| Contractor shall provide verification of any disciplinary action taken as a result of its employees' performance at any Authorized User facility if requested by the State. |
| 3.3.5 |
| If a Contractor employee becomes the subject of an investigation, is charged with or convicted of a crime while performing an assignment for the State, Contractor shall notify the Authorized User and the Contract Manager within one (1) business day of the beginning of the investigation, the charge, or the conviction. |
| 3.3.6 |
| The State reserves the right to remove a Contractor or have the Contractor remove its Contracted Personnel for lack of acceptable performance or availability. If individual Contracted Personnel are found to be negligent or performing below acceptable standards, the State shall require the Contractor to replace them. |
REQUIREMENT
| 3.3.7 |
| Security concerns vary Statewide but are especially important at correctional facilities and certain Department of Health Services facilities. Contracted Personnel shall comply with the security Requirements at each facility. Authorized Users are responsible for alerting the Contractor to these Requirements before or while placing their first order. The Contractor shall comply with all security and identification procedures at each location, at no cost to Authorized Users. |
Common security restrictions include:
· Identification All Contracted Personnel, while working on State property, shall carry or display acceptable identification. Requirements vary by Authorized User. For instance, some facilities require a visible photo ID badge, while correctional facilities may require a valid driver license instead.
· Vehicle Security In many locations, drivers must turn off vehicle motors and lock cab doors whenever their vehicle is unattended.
Within secured facilities, contraband items are prohibited in the vehicle as well as on the person. Contraband items include, but are not limited to, drugs, tobacco products, cell phones, adult or pornographic materials, explosives, and weapons (including pocketknives and razor knives, unless a part of an inventoried toolbox). Toolboxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security; however, illegal items may not be returned.
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