DS022618 Final 3-13-18 1.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R05/2014)

Remove from bidder list for this commodity/service. (Return this page only.)

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # DS180742

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 the 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.

REQUEST FOR SIMPLIFIED BID

#DS022618

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later than:

Tuesday, March 27, 2018 at 2:00 PM CST Name (Contact for further information)

Rebecca Jorge RebeccaM.Jorge@wisconsin.gov

Phone Date

(608) 264-8765 March 13, 2018

Quote Price and Delivery FOB

Destination

Fax bids are accepted X Fax bids are not accepted

Quantity Unit Description Price

Per Unit

Total

REQUEST FOR BID

UNIFORM DWELLING CODE

ENFORCEMENT SERVICES

For the Department of Safety and Professional Services

DOOR COUNTY

GREEN COUNTY

KEWAUNEE COUNTY

OUTAGAMIE COUNTY

WINNEBAGO COUNTY

Payment Terms SEE RFB Delivery Time SEE RFB

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 266-5462.

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

Signature of Above Date Email:

This form can be made available in alternate formats to individuals with disabilities upon request.

mailto:RebeccaM.Jorge@wisconsin.gov

RFB #DS022618

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INSTRUCTIONS TO BIDDERS

1. Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase.

Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

2. Review Section 2.0 “Bidder Qualifications and Requirements” section. This section shall explain what a company needs to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location.

Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

3. The details of the commodity or service shall be found in Section 3.0, “Mandatory Required Specifications of Bid.”

Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your bid shall be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

4. Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is critical because the bid pricing shall determine what Bidder(s) shall be allowed to enter into a Contract with the State).

5. The remaining sections of the RFB describe the process you shall follow and the way you shall present your bid to the

State. It also describes the process the State shall use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6. If you are still interested in competing for the State’s business, you should provide your best pricing and shall complete all the required forms.

7. Please note, your bid response be complete and accurate. You shall follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Specialist identified in the RFB.

8. Your RFB response shall arrive at the proper location before the due date and time. Late bids shall be rejected.

Thank you for your interest in providing commodities to the State. We wish you success with this and future procurement opportunities.

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TABLE OF CONTENTS

STATE OF WISCONSIN

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES ........................................................................ ERROR! BOOKMARK NOT DEFINED.

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1 TECHNICAL REQUIREMENTS

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 BACKGROUND CHECKS

4.2 CONTRACT AUDIT REQUIREMENTS

4.3 LIQUIDATED DAMAGES

4.4 FRATERNIZATION/AGENCY WORK RULES

4.5 CANCELLATION AND TERMINATION

4.6 CERTIFICATES OF INSURANCE

5.0 PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS .................................... ERROR! BOOKMARK NOT DEFINED.

5.1 METHOD OF BID

5.2 FOB DESTINATION, FREIGHT PREPAID AND INSTALLED

5.3 PRICE SHEET INSTRUCTIONS

5.4 REQUESTING PRICE ADJUSTMENTS

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN ESUPPLIER PORTAL REGISTRATION .................................................................... ERROR! BOOKMARK NOT DEFINED.

6.5 SUBMITTING A BID

6.6 FAXED BIDS

6.7 EMAILED BIDS

6.8 FORMAT OF BID RESPONSE

6.9 MULTIPLE BIDS

6.10 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 BIDDER REFERENCES/CLIENT LIST

7.6 USE OF SUBCONTRACTORS

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 VETERAN-OWNED BUSINESS

7.7.3 WISCONSIN DISABLED VETERAN-OWNED BUSINESS

7.7.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.8 AWARD NOTIFICATION

7.8.1 PROTESTS ................................................................................................................ Error! Bookmark not defined.

7.8.2 APPEALS ................................................................................................................... Error! Bookmark not defined.

7.9 DEBARMENT

8.0 REQUIRED FORMS

APPENDIX 1: FEE ADJUSTMENTS

APPENDIX2: REFUNDS

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1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

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

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 statewide 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 the State, in response to this Request for Bid; a Bid is an offer to sell.

Bidder: A person or firm that responds to this Request for Bid.

Commodity:

A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services.

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 Procuring 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.

DOA: Wisconsin Department of Administration

Department: Wisconsin Department of Safety and Professional Services

DSPS: Wisconsin Department of Safety and Professional Services

Minority Business Enterprise (MBE):

A business that has been certified under s. Comm 105.14, 105.21, or 105.23.

Mandatory: Requirement permitting no option, not to be disregarded or modified.

Municipality:

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 the authority to award public contracts (s. 16.70(8), Wis.Stats.).

Notice of Intent to Award:

A writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency’s intent to award a service Contract to the successful Bidder.

Procurement Specialist:

The staff member responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transaction, the Department of Veterans Affairs).

RFB: Request for Bid

Contractual Services or Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, documentation, and maintenance and support, including all related material necessary to fulfill that which the successful Bidder is obligated to accomplish to provide under this

RFB.

Specification:

A descriptive statement of the physical, functional, and performance characteristics of the commodity or service required by the Procuring Agency. 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, or the necessary http://nxt.legis.state.wi.us/nxt/gateway.dll?f=xhitlist$xhitlist_x=Advanced$xhitlist_vpc=first$xhitlist_xsl=querylink.xsl$xhitlist_sel=title;path;content-type;home-title$xhitlist_d=%7bcode%7d$xhitlist_q=%5bfield%20folio-destination-name:'Comm%20105.14'%5d$xhitlist_md=target-id=0-0-0-78701 http://nxt.legis.state.wi.us/nxt/gateway.dll?f=xhitlist$xhitlist_x=Advanced$xhitlist_vpc=first$xhitlist_xsl=querylink.xsl$xhitlist_sel=title;path;content-type;home-title$xhitlist_d=%7bcode%7d$xhitlist_q=%5bfield%20folio-destination-name:'Comm%20105.21'%5d$xhitlist_md=target-id=0-0-0-78715 http://nxt.legis.state.wi.us/nxt/gateway.dll?f=xhitlist$xhitlist_x=Advanced$xhitlist_vpc=first$xhitlist_xsl=querylink.xsl$xhitlist_sel=title;path;content-type;home-title$xhitlist_d=%7bcode%7d$xhitlist_q=%5bfield%20folio-destination-name:'Comm%20105.23'%5d$xhitlist_md=target-id=0-0-0-78719

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SPS: Safety and Professional Services

State: State of Wisconsin

UDC: Uniform Dwelling Code

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin Department of Safety and Professional Services (DSPS) request bids for Uniform Dwelling Code (UDC) Enforcement Services, and Services and intends to use the results of this process to award contracts. The State does not guarantee any specific quantity or dollar amount for these services.

The purpose of this bid is to secure registered UDC inspection agencies to perform enforcement services consistent with the Wisconsin Uniform Dwelling Code for all new site-built dwellings and installed manufactured dwellings in one or any of the areas as listed on the Summary of UDC Bid Areas (Attachment D).

1.3 CONTRACT TERM

The Contract shall run for an initial one (1) year period. DSPS and the Contractor, upon written agreement, may renew the Contract for two (2), one-year (1) renewal periods. The Contract shall be effective on the date it is executed by DSPS. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The Request for Bid (RFB) documents, the awarded Bidder’s response as accepted by DSPS, and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

As required by Wisconsin Statutes, continuance of a Contract beyond the limits of funds available shall be contingent upon appropriation of the necessary funds, and the termination of the Contract by lack of appropriations shall be without penalty.

1.4 MODIFICATIONS OF CONTRACT

The Contract shall not be used for purchasing 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 shall be void.

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by DSPS, 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 shall result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence shall prevail:

• Official Purchase Order

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

All Bidder qualifications in this section are Mandatory. Failure to meet a qualification disqualify your Bid. However, DSPS reserves the right to waive any qualification if no Bidder can satisfy that qualification.

Before the award of any Contract, DSPS 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 DSPS with these qualifications by submitting appropriate or supporting documentation.

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2.1 The Bidder shall be a registered UDC Inspection Agency as specified in Chapter SPS 305 at time of issuance of the Contract Award. The Awarded Bidder shall show proof of registration. Certification shall be maintained through the life of the Contract.

2.2 All employees performing plan review and enforcements shall be certified under the Wisconsin Uniform Dwelling

Code. The Awarded Bidder shall show proof of certification at the time of award. Certification shall be maintained through the life of the Contract.

The list of credentials includes all the following:

• UDC Construction Inspector;

• UDC HVAC Inspector;

• UDC Electrical Inspector or Commercial Electrical Inspector;

• UDC Plumbing Inspector or Commercial Plumbing Inspector.

All Contractor staff that shall be performing the services shall present the credentials before commencement of the

Contract. Contractor staff shall only be allowed to perform the services that they are credentialed for. Credentials shall be maintained through the life of the Contract.

2.3 DSPS shall verify Bidder qualifications through a minimum of three (3) names or companies provided by the Bidder on the Vendor Reference Form (DOA-3478) with whom the Bidder has done business of the size and scope required by this RFB within the past three (3) years. See Bidder references, Section 7.5.

2.4 The Bidder shall have at least one key person with all four UDC inspector credential categories, and at least three (3) years of UDC enforcement experience. That key person shall have provided such services to the Bidder for at least one year immediately preceding this submittal. This person may be an owner, officer, or employee. See Attachment C: UDC Enforcement Experience Sheet.

3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are Mandatory. The following requirements shall be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum Mandatory requirements unless otherwise stated.

Failure to meet any Mandatory requirement shall result in rejection of the 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.

3.1 TECHNICAL REQUIREMENTS

3.1.1 To perform its obligations under this contract, the Contractor agrees to perform the following job functions consistent with the provisions of Chapters SPS 320 through 325 of the Wisconsin Uniform Dwelling Code for all new site-built dwellings and installed manufactured dwellings in the contracted bid assigned areas.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 The Contractor shall maintain a log of all inspections requested or performed for each project, including type of enforcement, date of request, date that the work shall be ready, date of enforcement, and enforcement results.

3.2.2 The Contractor shall have each field inspector maintain a log of enforcements performed on all projects daily.

3.2.3 The Contractor shall meet the Department expectation that 95% of all requested enforcements shall be completed by the end of the second full business day following the day of a request or as otherwise agreed to with the permit applicant.

3.2.4 The Contractor shall post enforcement results on the jobsite.

3.2.5 The Contractor shall issue noncompliance orders to start the 30-day compliance period.

3.2.6 The Contractor shall maintain a copy of the final enforcement report, including information on any post-permit additional or refunded fees.

http://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/301_319/305/Title https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/320_325

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3.2.7 The Contractor shall maintain a record of the amount of fees collected by municipalities and counties served.

3.2.8 The Contractor shall not enforce other municipal or county requirements in municipalities where they are responsible for UDC enforcement through this contract, other than checking for sanitary permit requirements.

3.2.9 The Contractor shall maintain certification as a registered UDC inspection agency as specified by Chapter SPS

305.

3.2.10 The Contractor shall assist the Department as requested in obtaining compliance by making recommendations on appeals.

3.2.11 The Contractor shall assist the Department as requested in obtaining compliance by appearing as a witness during legal proceedings.

3.2.12 The Contractor shall assist the Department as requested in obtaining compliance by filing noncompliance documents, with appropriate fees, at the County Register of Deeds for inclusion with the appropriate property files.

3.2.13 The Contractor shall arrange for backup enforcement services during periods of absence exceeding five business days or when a conflict of interest would otherwise exist.

3.2.14 The Contractor shall provide to the Department all the following:

a. A copy of the final enforcement report, including information on any post-permit additional or refunded fees;

b. A monthly report of completed dwellings to municipalities and counties served; and

c. A quarterly report of the amount of fees collected by municipalities and counties served.

All reports and fees shall be mailed to:

Department of Safety and Professional Services Industry Services Division PO Box 7302 Madison, WI 53707-7302

3.2.15 The Contractor shall:

a. Possess or have access to a computer with Internet access and an e-mail account.

b. Provide a telephone number to potential permit applicants that are served either by an answering machine or voice-mail on a continuous basis.

c. Possess or have access to a digital camera for documenting non-compliances and forwarding them as requested to the Department.

d. Possess the current edition of the Uniform Dwelling Code SPS 320-325 and SPS 327.

3.2.16 The Contractor shall follow Act 211. Effective January 2, 2018, it also requires municipalities or their agents to provide their permit forms electronically to the DSPS through our approved electronic system. A link to the Departments page on Act 211. Applicants must submit all required plans and other documents directly to the Contractor by any other means necessary except through the Electronic Building Permit System. The plans, documents, and permit must be reviewed, and the permit fee must be paid before the permit is considered an approved issued permit.

3.2.17 The Contractor shall purchase from The State of Wisconsin Document Sales Catalog the Wisconsin Uniform

Building Permit Cards (if using option #2 or #3, these options are for the DSPS electronic permit system), Wisconsin Insignias, Wisconsin pre-Existing Insignias, and Uniform Building Code Seals. The Document Sales Catalog can be found at: https://docsales.wi.gov/ http://docs.legis.wisconsin.gov/2015/related/acts/211.pdf http://dsps.wi.gov/Programs/Industry-Services/Industry-Services-Programs/One-and-Two-Family-UDC/Act-211/ https://docsales.wi.gov/

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3.2.18 The Contractor shall collect building permit fees from building permit applicants as prescribed by the Department.

3.2.19 Other than for Permits to start for footings & foundations, the Contractor shall issue a single permit only for all trades of a project.

3.2.20 The Contractor shall provide the permit applicant with a copy of the contracted fee schedule.

3.2.21 Applications, plans, documents, correction orders, correspondence, and inspection records shall be maintained for seven (7) years after the final occupancy is issued.

3.2.22 Within the contracted UDC Bid Area for which the Contractor is responsible, the municipalities that require contractual enforcement services may change as they or their county elect to provide or not to provide municipal or county enforcement per s. SPS 320.06. The Department may adjust in the contract areas, including the splitting of them, based on Contractor requests as the result of municipal workload changes.

Resulting new areas may be awarded to lowest-cost adjacent contractors or may be let out again by the Department for bidding. However, the Contractor shall complete inspections of any dwelling for which fees have been received up until two years after permit issuance, unless waived by the Department.

3.2.23 The Contractor shall apply to their Fees Fee Adjustments when applicable. For Fee Adjustments, see

Appendix 1.

3.2.24 The Contractor shall apply to their Fees Refunds when applicable. For Refunds, see Appendix 2.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these 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 or additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any change or amendment to any of the terms and conditions shall occur only if the change is in the best interest of the State.

4.1 BACKGROUND CHECKS

The Department follows the provisions in the Wisconsin Human Resources Handbook Chapter 246, Securing Applicant Background Checks (see http://doa.wi.gov/Documents/DPM/Document%20Library/Chap246VerifyingApplicantInfoSecuringBackgroundCheck s.pdf). The Contractor is expected to perform background checks that, at a minimum, adhere to those standards. This includes the criminal history record from the Wisconsin Department of Justice (DOJ), Wisconsin Circuit Court Automation Programs (CCAP), and other State justice departments for persons who have lived in a state(s) other than Wisconsin. More stringent background checks are permitted. Details regarding the Contractor's background check procedures should be provided to the Department regarding the measures used by the Contractor to protect the security and privacy of program data and participant information. A copy of the result of the criminal background check the Contractor conducted must be made available to the Department upon request. The Department reserves the right to conduct its own criminal background checks on any or all employees or subcontractors of and referred by the Contractor for the delivery or provision of Services.

4.2 CONTRACT AUDIT REQUIREMENTS

The Contractor agrees that the Department will have access to and the right to examine, audit, excerpt, and transcribe any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Such material will be retained by the Contractor for seven years following completion of the Contract. The Contractor shall honor open-records requests by the public. The Contractor shall cooperate with any Departmental audits or investigations. The Contractor shall provide requested data for the Insurance Services Office (ISO) Building Code Effectiveness Grading Schedule (BCEGS) program. See www.isomitigation.com for details.

http://doa.wi.gov/Documents/DPM/Document%20Library/Chap246VerifyingApplicantInfoSecuringBackgroundChecks.pdf http://doa.wi.gov/Documents/DPM/Document%20Library/Chap246VerifyingApplicantInfoSecuringBackgroundChecks.pdf http://www.isomitigation.com/

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4.3 LIQUIDATED DAMAGES

Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of that, the Contractor acknowledges that for the Contract resulting from this Bid, it shall negotiate liquidated damages, as required by the State, for the Contract. The Contractor agrees that DSPS shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.4 FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to DSPS.

4.5 CANCELLATION AND TERMINATION

4.5.1 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 one hundred and twenty (120) calendar days’ 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.

4.5.2 TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar days’ notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days’ 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 30 days of written notice to the Contractor requesting the refund.

4.5.3 CONTRACT CANCELLATION

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

• Fails to perform any material obligation required under the Contract

• Files a petition in bankruptcy, becomes insolvent, or otherwise acts to dissolve as a legal entity

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

• Makes an assignment for the benefit of creditors

• Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required herein

• 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

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• 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 Confidential Information, proprietary, or containing Personally Identifiable Information

• Performance threatens the health or safety of a State employee or State customer

4.6 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the winning Contractor will be required to provide copies of applicable insurance certificates. The Agency will evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within ten business days of the State’s issuance of the Notice of Intent to Award, the Contractor shall be given an additional seven days to comply. Should the appropriate Certificates of Insurance not be received within that time, the State reserves the right to cancel the award or Contract and make another award.

The policies and/or certificates shall be submitted to the State upon request for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this Contract are modified or cancelled, the Contractor shall immediately provide notice to the State of Wisconsin.

The following minimum insurance coverage and limits shall be required in the Contract resulting from the Bid award:

A. Workers’ Compensation (WC) NO EXEMPTIONS

1. Employers Liability Each Accident $100,000

2. Employers Liability Disease-Policy Limit $500,000

3. Employers Liability Disease-Each Employee $100,000

B. Commercial General Liability

1. General Aggregate including Products and Completed Operations $2,000,000

2. Each Occurrence $2,000,000

C. Automobile Liability Combined Single Limit $1,000,000

D. Professional Liability (Errors and Omissions) $1,000,000 per occurrence or claim $2,000,000 aggregate

Additional Insured: The Contractor shall add the “State of Wisconsin, its officers, employees, and agents” as an additional insured under the commercial general and automobile liability policies.

5.0 PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Certificates of Insurance listed in this section shall be provided as stated herein to:

Agency name Department of Safety and Professional Services

Agency address 1400 East Washington Avenue

City, state & zip code Madison, WI 53703

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Bidder shall submit a Fee in each Fee category as instructed for each county that they choose to bid on. Prices shall be in U.S. dollars. If you are not bidding on a county, leave the row blank. If you are bidding on a county and one of the fees is $0.00, enter 0 for that fee. In the event of error in calculation, Fees 1 – 4 and 5 – 8 shall prevail in award.

Total Section 1, Total Section 2 and Grand Total shall be auto-calculated.

5.2 FOB DESTINATION, FREIGHT PREPAID AND INSTALLED

Failure to bid FOB Destination Freight Prepaid and Installed shall disqualify the Bid. Bid prices shall include all insurance charges, travel, meals, and all other costs associated with the performance of this RFB.

5.3 PRICE SHEET INSTRUCTIONS

Bidder shall complete Attachment A – Cost Sheet

Bidders shall not alter form DOA-3070. Alternate pricing formats shall not be accepted and may result in the disqualification of the Bid. Failure to provide pricing may result in the rejection of the Bid.

5.4 REQUESTING PRICE ADJUSTMENTS

Bid pricing shall remain firm for the initial one (1) year Contract period.

DSPS shall review any adjustment of prices before the beginning of a Contract renewal period. Request for price increases shall be provided by the Contractor, in writing, to DSPS 120 days prior to the renewal period. Price increase requests shall be justified with supporting documentation of industry-wide increases. Any price increase shall be mutually agreed upon between DSPS and the Contractor. If DSPS deems the cost increases are not acceptable, DSPS reserves the right to rebid the Contract in whole or in part. An acceptance of the price increase shall be in the form of an amendment to the Contract.

Any price decreases from the manufacturer or supplier that are passed through to the Bidder are required to be passed to DSPS within 30 days of the effective date of the price decrease.

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this RFB shall be completed.

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by March 27, 2018 at 2:00 PM CT. 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 Department of Safety and Professional Services 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: RebeccaM.Jorge@wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid # DS022618 and be directed to Rebecca Jorge.

6.3 REASONABLE ACCOMMODATIONS

Upon request, DSPS shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening, please contact Rebecca Jorge at 608-264-8765 or email: RebeccaM.Jorge@wisconsin.gov

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6.5 SUBMITTING A BID

Bidders shall submit an original signed Bid, marked as stated below, of all materials required for acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:

Rebecca Jorge / RFB#: DS022618 Department of Safety & Professional Services 1400 East Washington Ave Madison, WI 53703 Email: RebeccaM.Jorge@wisconsin.gov

All Bids shall be received and time-stamped at the above location prior to Tuesday, March 27, 2018 at 2:00 PM CST.

Bids not time-stamped shall be considered late and rejected.

6.6 FAXED BIDS

Faxed Bids shall not be accepted.

6.7 EMAILED BIDS

Emailed Bids shall be accepted at RebeccaM.Jorge@wisconsin.gov.

6.8 FORMAT OF BID RESPONSE

Bidders responding to this RFB shall comply with the following format requirements:

1) Signed Request for Bid Sheet: Include the signed Request for Bid sheet (DOA-3070, front page of this document) 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.

2) State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (hereinafter 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, including any vendor Contracts. 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 Bid. 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.

3) Additional Information: Include the completed Vendor Information sheet (DOA-3477) and Vendor Reference sheet (DOA-3478) and any other forms required in the Bid. Include all additional information that shall be essential to an understanding of the Bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the Bid document.

4) Price Information: Provide price information on Attachment A – Cost Sheet included with this bid; include one hard copy of the Price Sheet with the Bid response. Bid prices shall include all operating expenses associated with the

Uniform Dwelling Code Enforcement Services Page 13 of 17 performance of this Bid. Bidders shall not alter the Price Sheet. Alternate pricing formats shall not be accepted and may result in the disqualification of the Bid. Failure to provide pricing may result in the rejection of the Bid.

5) UDC Enforcement Experience Sheet: The Bidder shall include Attachment C – UDC Enforcement Experience Sheet included in this Bid. Attachment C shall provide information on a key person with all four UDC inspector credential categories and at least three years of UDC enforcement experience, and who has provided such services to the bidder for at least one year immediately preceding this submittal. This person may be an owner, officer, or employee. The Bidder shall provide information on that individual, their association with the Bidder, and their UDC enforcement experience, listing the number of projects and municipalities served for each of the past three years for which they have provided enforcement services. The Bidder shall complete the list of current employees, including their inspector credential numbers.

Any alteration of the Bid forms, Attachments, or Appendices is prohibited and may result in rejection of the Bid.

6.9 MULTIPLE BIDS

Multiple Bids are permitted. However, each separate Bid shall conform fully to the requirements for a Bid submission. Each Bid shall be submitted separately and labeled as Bid #1, Bid #2, etc. on each page included in the Bid response.

6.10 INCURRING COSTS

Neither the State of Wisconsin nor the Wisconsin Department of Safety and Professional Services is liable for any costs incurred by the Bidder in responding to this RFB.

7.0 BID ACCEPTANCE AND AWARD

7.2 BID REVIEW

All Bids shall be reviewed by the Department of Safety and Professional Services to ensure compliance with submittal requirements. The Department of Safety and Professional Services shall be the sole judge as to Bidders’ compliance with the Bid instructions.

7.3 BID ACCEPTANCE

Bids that do not comply with the Bidder Qualifications Section 2.0 or the specifications set forth in Section 3.0 shall be rejected. Bids that do not comply with the Special Terms and Conditions of Bid in Section 4.0 may be rejected. The Department of Administration, in its sole discretion, retains the right to accept, clarify, or reject any or all Bids, or accept, clarify, 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 shall be made based on the lowest-priced, responsive, responsible Bidder for each county. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount shall be disqualified. In the event of an error in calculation, Fees shall prevail in Award.

In Section 1, the Bid Award shall be based on the Grand Total.

DSPS shall award to one Bidder for each county whoever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

7.5 BIDDER REFERENCES/CLIENT LIST

The Bid response shall include a completed Vendor Reference Form (DOA-3478) listing at least three (3) names or companies with whom the Bidder has done business of the size and scope 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.

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DSPS shall determine which references to contact to assess the quality of the product or service. DSPS may contact one or more references that have been provided by the Bidder or other sources that may not have been named by the Bidder but can assist DSPS in determining performance. DSPS shall be the sole determinate as to whether the reference’s response is equivalent to the requirements and qualifications in the Bid as stated in section 2.0. If the reference’s response is not equivalent to the requirements and qualifications in the Bid, the Bid may be disqualified.

7.6 USE OF SUBCONTRACTORS

The Contractor shall be responsible for the Contract performance of its subcontractors. The Contract shall be between the DSPS and the Awardee. The Contractor shall 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 shall provide if awarded the Contract. All subcontractors shall be approved in writing by the DSPS. Any proposed substitution of an approved subcontractor shall be submitted in writing to the DSPS 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 DSPS may result in cancellation of the Contract without notice and without penalty to the State.

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned Business Enterprises (MBEs) are certified by the Wisconsin Department of Administration.

This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity- Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program.

Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an Award to the MBE submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. A MBE Bidder preference shall not be considered on a printing or stationery procurement. Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs using such enterprises to provide commodities and services incidental to this agreement.

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their Contract amount, and spend for each period to the DSPS.

A listing of certified MBEs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx.

7.7.2 VETERAN-OWNED BUSINESS

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Wisconsin Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

7.7.3 WISCONSIN DISABLED VETERAN-OWNED BUSINESS

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration.

This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity- Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program.

Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (A bidder preference shall not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts.