Drink_Packets_(Addendum_#1_Revision).pdf

REQUEST FOR BID

2023-RFB-103-PR

DRINK PACKETS

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: December 1, 2023

DEADLINE FOR QUESTIONS: December 18, 2023

RESPONSE DEADLINE: January 2, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR BID

Drink Packets

I. Introduction II. Bid Guidelines and Overview

III. Contract Term IV. Bid Specifications V. Pricing Table

VI. Vendor Questionnaire VII. Standard Terms and Conditions

Request For Bid #2023-RFB-103-PR Title: Drink Packets

1. Introduction

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid response for Drink packets in accordance with the Bid Specifications.

The County intends to use the results of this process to award a contract(s) or issuance of purchase order for the product(s) and or services(s) stated above.

1.2. Contact Information

Megan Rogan

Purchasing Officer

Email: rogan.megan@countyofdane.com

Phone: (608) 283-1487

Department:

Consolidated Food Services

1.3. Timeline

Desired Bid Release Date December 1, 2023

Vendor Question Submission Deadline December 18, 2023, 2:00pm

Proposal Submission Deadline January 2, 2024, 2:00pm mailto:rogan.megan@countyofdane.com tel:(608)283-1487

2. Bid Guidelines and Overview

2.1. GENERAL SOLICITATION PROCESS

1. REASONABLE ACCOMMODATIONS

A. The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a vendor conference or site visit, contact the Purchasing Officer listed or call WI Relay 711 for TDD Services.

2. VENDOR REGISTRATION

A. Interested vendors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category codes as well as providing the County with up-to-date company contact information.

B. Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement

Portal.

3. CALENDAR OF EVENTS

A. Specific and estimated dates and times of actions related to this solicitation are listed in the timeline in the Introduction Section. The actions with specific dates must be completed as indicated unless otherwise changed by the County. In the event that the County finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFP and posting such addendum on the Dane

County eProcurement Portal.

4. CLARIFICATION OF THE SPECIFICATIONS / QUESTIONS

A. All inquiries concerning this solicitation must be submitted via the County's eProcurement

Portal.

B. Questions must be submitted before 2:00 pm on Monday, December 18, 2023.

1. Requests submitted after that time frame will not be considered.

C. Proposers are expected to raise any questions, exceptions, or additions they have concerning the solicitation at this point in the process. If a proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this solicitation, the proposer should immediately notify the contact person of such error and request modification or clarification to the solicitation document.

D. Proposers are prohibited from communicating directly with any employee of Dane County, except as described herein. No County employee or representative other than those individuals https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane listed as County contacts on this solicitation is authorized to provide any information or respond to any question or inquiry concerning this solicitation.

5. ADDENDA & REVISIONS

A. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the

County's eProcurement Portal. Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

B. The Purchasing Division has the sole authority for modifications to specifications and/or the solicitation document.

6. INSPECTION OF PREMISES/VENDOR SITE VISIT - when applicable

A. When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Megan Rogan. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the

County, all necessary services that may be required to carry out the intent of the resulting contract.

2.2. BID / PROPOSAL SUBMISSION

Dane County strongly encourages all vendors to submit proposals well in advance of the solicitation deadline. By doing so, if there are any technical difficulties, there is time to attempt to resolve the situation before the deadline. Late bids will not be accepted.

If there are technical difficulties while trying to submit, first, contact OpenGov Support by clicking into the small blue circle on the bottom, right side of your screen while logged into the OpenGov system.

1. SUBMITTAL INSTRUCTIONS

A. Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the County. The County also retains the right to accept or reject any or all bids.

B. Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Tuesday, January 2, 2024. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this solicitation.

C. To Submit a Proposal:

1. Register at the County's eProcurement Portal at https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane

2. Click on the green "+Subscribe" button on the left side of the screen and proceed to create an account or sign in if an account already exists.

3. Once registered, click on the "draft" button to draft your proposal.

4. Provide company information

5. Complete the entire Vendor Questionnaire

6. Where indicated, upload the required documents.

7. The file upload status can be seen for each document uploaded.

8. Confirm all files have been uploaded

9. Review your work and click on "submit" proposal

10. Acknowledge any addenda

2. MULTIPLE PROPOSALS & ACCEPTANCE

A. Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the

County’s eProcurement Portal. Each such proposal must be submitted separately and labeled as

Proposal #1, Proposal #2, etc.

B. Please message procurementsupport@opengov.com with any questions regarding set up.

3. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

A. The Cost Proposal section of this solicitation will either be incorporated into the system as a

Pricing Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section.

B. On occasion, certain Dane County Highway RFPs may not include a Cost Proposal element to the solicitation.

C. Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

4. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

A. The County reserves the right to accept any part of a submission deemed to be in the best interest of the County and to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

mailto:procurementsupport@opengov.com

2.3. VENDOR QUESTIONNAIRE DEFINITIONS

1. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFBs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

A. Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally

Operated Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and Owned Vendor declines to match the low bid, then the County will determine if a Locally

Operated Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated

Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated

Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-

Locally Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally

Operated Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

2. LOCAL VENDOR PURCHASING PREFERENCE - applicable to RFPs - DOES NOT APPLY TO PUBLIC WORKS

BIDS

A. Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of

Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

1. County ordinance provides that a local vendor (within Dane County) automatically receive five points toward the evaluation score.

2. County ordinance provides that vendors located within the counties adjacent to Dane County

(Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

3. LOCAL CONTENT VENDOR PREFERENCE - generally only applicable to RFBs - DOES NOT APPLY TO

PUBLIC WORKS BIDS

A. Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations. Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local

Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

B. A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-

Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

4. FAIR LABOR PRACTICES CERTIFICATION

A. Dane County Ord. 25.09 (1) is as follows:

1. (28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations

Board (NLRB) or the Wisconsin Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years.

The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

B. If a company indicates that they have been found by the NLRB or WERC to have such a violation in the Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

C. Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

5. COOPERATIVE PURCHASING

https://www.nlrb.gov/ http://werc.wi.gov/

A. Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases. A “municipality” is defined as any 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 authority to award public contracts (s.

16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis.

Stats.

B. In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

C. Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

6. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION - generally only applicable to RFPs

A. All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of

Confidential and Proprietary Information” section.

B. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

C. Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

D. Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect. 134(80)(1)(c) Wis. State Statutes, as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

E. To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

F. In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

G. Failure to designate confidential and proprietary information within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of

Confidential and Proprietary Information section of the Vendor Information Attachment.

2.4. EVALUATION

1. PRELIMINARY EVALUATION

A. The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements may result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in the solicitation.

2. PROPOSAL SCORING - applicable to RFPs

A. Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require a Phase 2 Evaluation which may include oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.RFP Cost Proposal's will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

3. ORAL PRESENTATIONS/INTERVIEW - applicable to RFPs

A. Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

2.5. AWARD

1. RFB AWARD

A. The County will award the bid to the most responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

B. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

2. RFP AWARD

A. An RFP award will typically be granted in one of two ways.

1. The award may be granted to the highest scoring responsive and responsible proposer.

2. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

B. A resulting award and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. PAYMENT TERMS AND INVOICING

A. Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email

Address shown on the Bill To section of the PO issued. The Dane County purchase order number must be noted on the submitted invoice.

B. Other incidental or standard industry charges not identified herein, are not allowed under this contract. Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

4. NOTIFICATION OF INTENT TO AWARD

A. Upon finalizing the award, a notification email may be sent via the OpenGov system showing the awarded vendor(s).

B. As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award. - applicable to RFPs

C. Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

5. CERTIFICATE OF INSURANCE

A. The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order. See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

B. Please contact your insurance representative to issue an Additional Insured Endorsement naming County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

C. Indicate mailing address as:

o County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

D. Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

E. Call 608-266-4965 with any questions.

6. PERMITS & LICENSES

A. The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

B. Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

7. SATISFACTORY WORK

A. Any work found to be in any way defective or unsatisfactory shall be corrected by the

Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

8. GOVERNMENT STANDARDS

A. All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Bidders shall comply with all local, state and federal regulations, directives and laws.

9. DANE COUNTY SUSTAINABILITY PRINCIPLES

A. On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

o Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

o Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

o Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and o Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

2.6. CONTRACTING

1. CONTRACT/PROJECT ADMINISTRATION

A. The County department(s) utilizing the service will be responsible for drafting, coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions.

Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

2. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A. A resulting contract and any part thereof shall not be subcontracted or assigned to another

Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

3. CONTRACT ADDITIONS

A. The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

B. The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

C. When applicable, Contractor may be required to sign a Dane County Contract.

4. CONTRACT TERMINATION

A. If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

5. CONTRACT PAYMENT TERMS & INVOICING

A. Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email

Address shown on the Bill To section of the PO issued. The Dane County purchase order number must be noted on the submitted invoice.

B. Other incidental or standard industry charges not identified herein, are not allowed under this contract. Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

3. Contract Term

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date.

Anticipated Contract Term: TBD

If applicable, any optional or renewal terms are not automatic extensions. Renewal terms must be agreed upon mutually by Dane County and Contractor.

4. Bid Specifications

Dane County as represented by the Purchasing Division will accept bids for the purchase of specified item(s) as described within this document.

The specifications below describe an acceptable product. Minor variations in specification may be accepted if, in the opinion of County staff, they do not adversely affect the quality, maintenance or performance of the item(s). Dane County reserves the right to accept or reject any and all bids, to waive informalities and to choose the bid that best meets the specifications and needs of the County.

Specification Compliance:

1. Bidder shall review every numbered specification listed within this section.

2. Any deviation from the minimum specifications stated herein must be identified in detail in the Bid

Spec Deviations section of the Vendor Questionnaire and must include a description of how the proposed item(s) differ from the bid specification requirements, along with detailed justification for such deviation.

3. Bidder shall include photos and schematics as necessary, for complete clarification. If additional documents are needed to explain and illustrate deviations, upload that file to the Supplemental

Documents section of the Vendor Questionnaire.

4.1. TECHNICAL SPECIFCIATIONS

Lemonade and Fruit Punch Flavored Calcium and Vitamin Enriched Drink Packet

Must be individually packaged to be mixed with one (1) cup of water. The calcium source must be from calcium lactate. Packet size may vary, but it must meet the following nutritional requirements:

Serving Size 1 Cup

Amount Per Serving

Calories 5

Calories from Fat 0

% Daily Value

Vitamin C 100%

Calcium 25%

Vitamin B12 35%

Vitamin D3 35%

Vitamin E 35%

Grape Flavored Drink Packet

Must be individually packaged to be mixed with one (1) cup of water. Packet size may vary, but it must meet the following nutritional requirements:

Serving Size 1 Cup

Amount Per Serving

Calories 10

Calories from Fat 0

% Daily Value

Vitamin C 100%

Calcium 3%

Vitamin B12 35%

Vitamin D3 35%

Vitamin E 35%

4.2. AGE OF PRODUCTS

All cases must have use by or expiration date clearly printed on the box.

4.3. DELIVERY AND ORDERING

Vendors must be prepared to make deliveries as requested by Food Service to Dane County

Consolidated Food Service. Deliveries must be scheduled according to Consolidated Food Service as specified below.

Facility Schedule Time

Dane County Consolidated Food Service

100 E. Verona Ave.

Verona, WI 53593

6:30 a.m. to 1:00 p.m.

Vendor shall be required to maintain sufficient stock levels of all items from delivery date to delivery date. Special orders shall be communicated in writing . All exceptions in stock delivery shall be immediately reported to the Food Services Supervisor(s) Dietetic Specialist or Stock Clerk. Delivery must be checked in and invoice signed by Stock Clerk, Dietetic Specialist or Manager.

4.4. PACKAGING AND LABELING

All products and processing thereof and labeling must conform to the provisions of the Federal Food, Drug and Cosmetic Act and regulations promulgated thereunder. Packaging shall be in accordance with the best commercial practices so as to protect food items from dirt and other contaminates.

4.5. DELIVERY FAILURES

The following circumstances will allow the Consolidated Food Services Manager to permit the dietary division to purchase drink packets of comparable grade in the open market to take the place of items rejected or not delivered. Some examples are: Failure to deliver within the time specified, or within reasonable time as interpreted by the Food Services Manager; failure to make replacements of rejected goods; failure to notify Stock clerk of shortages on truck; failure to have order checked in and signed by

Stock Clerk, Dietetic Specialist or Manager; failure to provide prompt and accurate invoices. On all such purchases, the vendor shall reimburse Dane County, within a reasonable time specified by the

Purchasing Agent, for any expenses incurred in excess of contract prices. Such purchases will be deducted from contract quantities.

4.6. PRODUCT SAMPLES

A. A sample of all products bid will be provided to the County for testing upon request of the

County.

B. The County shall be the sole judge in determining acceptability of the product for County use.

C. Product samples will not be returned to the vendor nor will the County pay for samples.

4.7. CONTRACT AWARD

The contract award will be made to the bidder who submits the best proposal, in the sole opinion of the

County, and which is in accordance with the criteria as described within this bid.

The selection criteria include, but are not necessarily limited to, the following:

• Ability of the bidder to provide quality products and services in a timely manner.

• Ability of the bidder to meet all required specifications.

• Lowest responsible overall price for the required effort.

• Sustained industry reputation for customer satisfaction in meeting specifications as required.

• Three current client references.

5. Pricing Table

Pricing shall be inclusive of all labor, delivery costs and other expenses necessary to provide product in accordance with the specifications and terms and conditions of this bid document and your proposal.

DRINK PACKETS

Quantities are estimated annual usage. All pricing must include delivery.

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Lemonade Flavored Calcium and

Vitamin Enriched Drink Packet 360,000 packets

2 Fruit Punch Flavored Calcium and

Vitamin Enriched Drink Packet 360,000 packets

3 Grape Flavored Drink Packet 360,000 packets

TOTAL

6. Vendor Questionnaire

6.1. BID DOCUMENT UPLOADS

6.1.1. Upload supplemental documents

Upload any additional or required information documents that supplements the bid submission.

6.1.2. Upload W9*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required

6.2. VENDOR INFORMATION

6.2.1. Local Content Vendor Preference*

Select a Local Content Vendor Preference:

Dane County Made Criteria:

1. An article that is manufactured, mined, produced or grown in the Dane County and;

2. Over 50% of the total cost of its components are made in Dane County.

Regionally Made Criteria:

1. An article that is manufactured, mined, produced or grown in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk and;

2. Over 50% of the total cost of its components are made in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

Wisconsin Made Criteria

1. An article that is manufactured, mined, produced or grown in the State of Wisconsin and;

2. Over 50% of the total cost of its components are made in the State of Wisconsin.

NOTE: “Component”, as referenced in the above criteria, means an article, materials, or supply incorporated directly into a finished product.

☐ Dane County-Made

☐ Regionally-Made

☐ Wisconsin-Made

☐ No Preference

*Response required

6.2.2. Local Vendor Preference *

Select a Local Vendor Preference:

Locally Based and Owned Vendor Criteria

1. Your business or corporate headquarters is physically located in Dane County and;

2. Your business owners or shareholders totaling more than 50% of ownership live in Dane County and;

3. Your business is registered and authorized to do business in the State of Wisconsin.

Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business within Dane County.

Non-Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business in one of the following Wisconsin Counties:

Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

NOTE: A post office box address does not qualify as an established place of business.

☐ Locally Based & Owned Vendor

☐ Locally Operated Vendor

☐ Non-Locally Operated Vendor

☐ No Preference

*Response required

6.2.3. Cooperative Purchasing*

Reference General Guidelines - Section 8.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

6.2.4. Fair Labor Practice Certification*

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yesis answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ No, our company has NOT been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

http://www.nlrb.gov/ http://werc.wi.gov/

☐ Yes, our company HAS been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

*Response required

6.3. BID SPECIFICATIONS

6.3.1. Bid Specifications*

Vendor complies and agrees to all Bid Specifications listed on the Bid Specifications Page.

☐ Yes

☐ No

*Response required

6.3.2. In the space below, please specify your delivery and ordering schedule* *Response required

6.4. BID DEVIATIONS

6.4.1. Specification Deviations*

If there are no specification deviations, write in "None"

If there are specifications deviations, provide the Spec # and deviation explanation for each deviation.

*Response required

6.5. REFERENCES

6.5.1. In the space below, please provide a minimum of 3 client references. Please include Company Name, Contact Name, Phone Number, and email address.* *Response required

6.6. BID ADDENDA

6.6.1. I understand that if any addendum is issued I will have to acknowledge the posted addendum. * ☐ Please confirm

*Response required

6.6.2. If an addendum is posted after I have submitted my bid response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my bid response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

https://procurement.opengov.com/portal/countyofdane/projects/70126?section=619890

4. I will then have to resubmit my bid response.

Further instructions on addendum(a) postings can be found here.

☐ Please confirm

*Response required

6.7. SIGNATURE AFFIDAVIT

6.7.1. Solicitation Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed upon finalizing submission of bid or proposal.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/4413350-managing-addenda https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

7. Standard Terms and Conditions

7.1. APPLICABILITY

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

7.2. ENTIRE AGREEMENT

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

7.3. DEFINITIONS

As used herein, “vendor” includes a provider of goods or services, or both, who is responding to an RFP or a bid, and “bid” includes a response to either an RFP or a bid.

7.4. SPECIFICATIONS

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid.

7.5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

7.6. QUALITY

Unless otherwise indicated in the request, all material shall be first quality. No pre-owned, obsolete, discontinued or defective materials may be used.

7.7. QUANTITIES

The quantities shown herein are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

7.8. DELIVERY

Deliveries shall be FOB destination freight prepaid and included unless otherwise specified. County will reject shipments sent C.O.D. or freight collect.

7.9. PRICING

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1. Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

2. Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any county official or employee except as specially set forth in writing attached to and made a part of the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract.

7.10. ACCEPTANCE-REJECTION

Dane County reserves the right to accept or reject any or all bids, to waive any technicality in any bid submitted and to accept any part of a bid as deemed to be in the best interests of the County.

Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

1. Proposals must be submitted via the County's eProcurement Portal. THERE WILL BE NO EXCEPTIONS

TO THIS POLICY.

7.11. METHOD OF AWARD

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

7.12. ORDERING/ACCEPTANCE

Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

7.13. PAYMENT TERMS AND INVOICING

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

1. NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

7.14. TAXES

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number CES 008-1020421168-06 to Dane County.

1. The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases. The County may be subject to other states’ taxes on its purchases in that state depending on the laws of that state. Vendors performing construction activities are required to pay state use tax on the cost of materials.

7.15. GUARANTEED DELIVERY

Failure of the vendor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the vendor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include administrative costs.

7.16. APPLICABLE LAW AND VENUE

This contract shall be governed under the laws of the State of Wisconsin, and venue for any legal action between the parties shall be in Dane County Circuit Court. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct.

7.17. ASSIGNMENT

No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of Dane County.

7.18. NON-DISCRIMINATION/AFFIRMATIVE

ACTION: During the term of this Agreement the vendor agrees, in accordance with sec. 111.321, Wis.

Stats., and Chapter 19 of the Dane County Code of Ordinances, not to discriminate against any person, whether an applicant or recipient of services, an employee or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The vendor shall provide a harassment-free work environment. These provisions shall include, but not be limited to, the following:

employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation.

1. Vendors who have twenty (20) or more employees and a contract of twenty thousand dollars

($20,000) or more must submit a written affirmative action plan to the County’s Contract Compliance

Officer within fifteen (15) working days of the effective date of the contract. The County may elect to accept a copy of the current affirmative action plan filed with and approved by a federal, state or local government unit.

2. The vendor agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this Agreement as they relate to affirmative action and nondiscrimination.

3. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment.

4. The vendor agrees to furnish all information and reports required by Dane County’s Contract

Compliance Officer as the same relate to…