ILF0003 Kofax RFB_DWD_8.28a.pdf

State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

WI Department of Workforce Development 201 E. Washington Ave., Room G400 P.O. Box 7946 Madison, WI 53707-7946

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #445009- 016-ILF0003-00. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting procurement 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 procurement office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

THIS IS NOT AN ORDER Bids MUST be in this office no later than

September 16, 2015 BIDDER (Name and Address) Name (Contact for further information)

Paul Brady

Phone

608 267-8898

Quote Price and Delivery FOB

Fax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit

Description Price

Per Unit

Total

Licenses, Renewals, Maintenance and Support of Kofax Capture, Kofax Capture Internet Services (KCNS), Kofax Transformation Modules (KTM), Virtual ReScan (VRS),Kofax Total Agility (KTA) and Analytics Software including successors in the Kofax Product line

Payment Terms Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 5th Floor, 201 W.

Washington Ave., Madison, Wisconsin 53702, (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 53702, (608) 266-2605.

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

Federal Employer Identification No.

Social Security No. if Sole

Proprietor (Voluntary)

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

State of Wisconsin Department of Workforce Development

DOA-3333 (R03/2004)

Division of Enterprise Solutions Bureau of Finance

Procurement

Wisconsin’s Cooperative Purchasing Service Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives suppliers opportunities for additional sales without additional bidding. Municipalities use the service 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 the 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 (2), Wis.Stats.

Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin 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.

The State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Suppliers should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A supplier’s decision on participating in this service has no effect on awarding this contract.

A supplier in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities.

Supplier: please check one of the following boxes in response.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

Special Conditions (if applicable):

Signature Date (mm/dd/ccyy)

Name (Type or Print)

Title

Company

Telephone

Address (Street)

City

State ZIP + 4

Commodity/Service

Request for Bid/Proposal Number

STATE OF WISCONSIN

DOA-3027 N(R01/98)

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid #445009‐016‐ILF0003 includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats.

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.

We request that the following pages not be released

Section Page # Topic

IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO

WITHHOLD THE MATERIALS.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name ___________________________________________

Authorized Representative ___________________________________________

Signature

Authorized Representative ___________________________________________ Type or Print

Date ___________________________________________

This document can be made available in accessible formats to qualified individuals with disabilities.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned (authorized official signing for the applicant organization) certifies to the best of his or her knowledge and belief that the applicant defined as the primary participant in accordance with 45 CFR Part 76, and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency.

(b) have not within a 3-year period preceding this bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/bid had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page.

The applicant agrees that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, In-eligibility, and Voluntary Exclusion-Lower Tier Covered Transaction”. Appendix B to 45 CFR Part 76 in all lower tier covered transactions (i.e., transactions with subgrantees and/or contractors) and in all solicitations for lower tier covered transactions.

By Date:

(Signature of Official Authorized to Sign Application)

For:

Name of Provider

Title of Program

WISCONSIN DEPARTMENT OF BID #445009-016-ILF0003

WORKFORCE DEVELOPMENT PAGE 5 OF 31

SPECIAL CONDITIONS OF BID ‐ CONTRACT

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003)

1.0 INTRODUCTION AND PURPOSE

2.0 DWD CONTRACT ADMINISTRATOR

3.0 CLARIFICATIONS/REVISIONS

4.0 DEFINITIONS

5.0 CONTRACT TERM

6.0 CONTRACT QUANTITIES/NEW OR DELETED ITEMS

7.0 CONTRACT REQUIREMENTS AND BIDDER/CONTRACTOR QUALIFICATIONS

8.0 SPECIFICATIONS

9.0 DELIVERY

10.0 METHOD OF BID

11.0 VENDORNET

12.0 BID RESPONSE REQUIREMENTS

13.0 SUBMISSION OF BID

14.0 METHOD OF AWARD

15.0 TERMS AND CONDITIONS

16.0 SUPPLIER DIVERSITY

17.0 SUBCONTRACTING OR THIRD PARTY PAYMENTS

18.0 PRICING AND DISCOUNTS

19.0 ORDERS

20.0 INVOICING REQUIREMENTS

21.0 CONTRACT CANCELLATION

22.0 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

23.0 CONFIDENTIALITY

ATTACHMENT A – COST SHEET

ATTACHMENT B – SUPPLIER INFORMATION SHEET

ATTACHMENT C – REFERENCES AND EXAMPLES SHEET

ATTACHMENT D – MBE PROGRAM AWARENESS, COMPLIANCE & ACTION PLAN FORM

ATTACHMENT E – MINORITY BUSINESS PARTICIPATION REPORT FORM

ATTACHMENT F – BIDDER’S RESPONSE SHEET

WORKFORCE DEVELOPMENT PAGE 6 OF 31

1.0 INTRODUCTION AND PURPOSE

1.1 Purpose and Intent of Request for Bid

The purpose of this document is to provide interested bidders with information to enable them to prepare and submit an official sealed bid for license purchases and renewals, maintenance and support of Kofax Capture, Kofax Capture Internet Services (KCNS) Kofax Transformation Modules (KTM), Virtual ReScan (VRS), Kofax TotalAgility (KTA), and Analytics software including potential future products. Work is to be performed by persons with extensive knowledge of Kofax software, policies and procedures.

The Agency intends to use the results of this bidding process to award a contract to the lowest cost responsive and responsible bidder.

The results of this bidding process may also be used to award additional similar contracts with other State agencies and municipalities if agreed to by the successful supplier.

The purchase of all system components is contingent on the availability of funds for purchase.

If it is determined to be in the best interests of the State, additional software may be purchased during the life of this contract. If software versions and costs change, prices will be negotiated using the results of this bid as a basis for those discussions for related projects.

1.2 Project Overview

DWD is currently on version 9.0 of Kofax Capture. DWD’s first applications were implemented using version 6 in 2004, upgrading to version 7.5 in 2007 and version 9.0 in 2011. The current version of KTM is 5.0. DWD is also using Professional VRS version 4.5. All DWD scanners have professional licenses for VRS software. DWD also maintains a complete development environment, where changes are developed and tested prior to being implemented in production.

DWD has more than nine scanning applications in its six divisions and has annual volume licenses for 7.8 million pages of scanned and faxed input. Scanned images are released from Kofax in tif, doc, xls and pdf formats with corresponding XML files which contain information needed to index the image in an Open Text/ Hummingbird document management system, as well as other document repositories, such as SharePoint or a file system. Kofax Capture Internet Service (KCNS) is used for communication between the central Kofax site and remote sites.

DWD’s server administrators and applications development staff have taken training in Kofax Capture and KTM programming. They are also proficient in .Net and have written and implemented services which store the images in Open Text/Hummingbird document system and other document management repositories.

DWD currently provides license administrative support for Public Assistant Collection Unit (PACU) application located within DCF

Detailed specifications are listed in Section 8.0, SPECIFICATIONS.

1.3 Scope of Bid

Deliverables will include:

1.3.1. Supplier will provide licenses, renewals, maintenance, consultation and support for Kofax

Capture, KCNS, KTM, VRS, KTA, Analytics software, and any other related products. Maintenance and support will be statewide during regular work hours with a requirement to provide

WORKFORCE DEVELOPMENT PAGE 7 OF 31

emergency support service, off‐hours, if needed. There may also be a need to provide service off‐ hours, planned in advance, for implementing license changes in the production environment or implementation of upgrades and migration efforts.

1.3.2. Supplier must have a relationship with Kofax that provides supplier with the ability to give the

Agency direct contact with Kofax staff (technical support) and management.

1.3.3. Supplier must have strong relationship with Kofax, providing supplier with escalated levels of involvement with both Kofax technical support and management. This involvement provides supplier with information about Kofax organizational structure and internal processes, product direction, licensing information and status of issues, along with the ability to escalate when needed.

1.3.4. Supplier must provide varying levels of issue escalation, where an issue defined as production‐ wide outage (loss of production system functionality) is immediately escalated to a top‐level support engineer, both at the supplier site and with Kofax support.

1.3.5. Supplier must provide quotes and new licenses for Kofax products as requested.

1.3.6. Supplier must provide Professional Services as requested. Some examples of Professional Services are: Kofax Capture or KTM programming, consulting or training on forms design for data capture, consulting on image capture process improvements, etc.

2.0 DWD CONTRACT ADMINISTRATOR

The contract resulting from this RFB will be administered by Paul Brady, Administrative Services Division, Office of Procurement. All contacts between the Contractor and the contracting agency will be through the designated agency representative(s), unless otherwise instructed. The Contractor shall meet with the designated agency representative(s) as requested to resolve problems. Any problems which cannot be resolved between the designated agency representative(s) and the Contractor will be referred to the Contract Administrator. The Contract Administrator will inform the Contractor in writing of the unresolved issues and the Contractor shall respond with proposed corrective actions within 10 days of receipt of this letter. The state and/or the Contractor may request meetings to address unresolved contract issues.

3.0 CLARIFICATIONS/REVISIONS

If you have any questions regarding the specifications, or special conditions of bid, please contact the purchasing agent shown on the bid cover sheet as soon as possible, but no later than 5 working days prior to the bid opening date. If the answer requires written notification to other bidders, Procurement will issue an official addendum.

DWD will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/proposer conference, contact Paul Brady, Procurement, at (608) 267‐ 8898 (voice) or Wisconsin Telecommunications Relay System (TTY) at 1‐800‐947‐3529.

Retain a copy of these Special Conditions of Bid for your files. Should you receive an award, these Special Conditions of Bid become your contract terms and conditions.

Questions regarding this bid must be submitted in writing via email to the following:

Paul Brady: Paul.brady@dwd.wi.gov

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Any contact with State employees concerning this RFB is prohibited, except as authorized by the RFB manager during the period from date of release of the RFB until the notice of intent to award is released.

4.0 DEFINITIONS

The following definitions are used throughout the RFB:

Agency means the Wisconsin Department of Workforce Development Bidder/Supplier means a company or individual submitting a bid in response to this RFB Contractor means bidder awarded the contract Department means the Wisconsin Department of Workforce Development DCF means the Wisconsin Department of Children and Families DWD means the Wisconsin Department of Workforce Development MBE means Wisconsin‐certified Minority Business Enterprise State means the State of Wisconsin

5.0 CONTRACT TERM

October 1, 2015 or date of award, through September 30, 2018, with two, one‐year renewal options upon mutual agreement of the parties for a potential total contract term ending September 30, 2020.

DWD reserves the right to extend beyond the contract period if deemed to be in the best interest of the contracted parties.

This Contract shall automatically be extended into its subsequent years unless Procurement is notified, in writing, by the Contractor 90 calendar days prior to expiration of the initial and/or succeeding Contract period(s).

6.0 CONTRACT QUANTITIES/NEW OR DELETED ITEMS

DWD does not guarantee to purchase any specific quantity or dollar amount. Bids that state DWD must guarantee a specific quantity or dollar amount may be disqualified.

7.0 CONTRACT REQUIREMENTS AND BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following. Respond on attached “Bidder Response Sheet” unless otherwise noted below.

7.1. Bidder must be a Kofax “Platinum” level Certified Solution Provider and an established authorized value added reseller of Kofax Capture and KTM licenses and software solutions.

7.2. Bidder must be certified in Kofax Capture Internet Service (KCNS) and in Kofax Transformation

Modules.

7.3. Bidder must have In‐depth knowledge of Kofax licensing details, policies, and procedures.

7.4. Bidder must be able to facilitate direct contact with Kofax technical support.

7.5. Bidders must meet the following criteria:

o Bidders must have a sales service staff, able to provide prompt technical assistance and training to respective State Agencies at any Wisconsin location, including problem solving/troubleshooting, etc.

o Bidders must have ready access to manufacturer technical resources for problems that are beyond the ability of the bidder’s sales services staff.

o Bidders must be able to escalate level 1 & 2 support to higher levels of Kofax support.

o It is preferred that bidders have access to the Kofax Catalyst Advisory Board (CAB)

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Bidder must clearly designate a person to provide on‐going communication, coordinate servicing, answer questions and expedite deliveries. Indicate the names, addresses and phone numbers for contact persons for the following areas on Attachment B and in appropriate area of Attachment F.

7.6. Bidder must provide a verifiable history of being established and successfully installing, implementing, programming and servicing scanning systems utilizing Kofax technology solutions.

Bidder must supply references of at least three firms to which similar products / service have been provided during the past five years to a comparable‐sized institution or company. Each reference should include a one‐paragraph example which describes a successful imaging system implementation. The description should specify the volume of images processed, the network environment interfaced with, the workflow and data storage environment and how this implementation relates to this project. Use Attachment C to list references and provide examples.

7.7. Bidder must be able to report on a semi‐annual basis all products purchased against this contract.

The bidder shall establish and maintain adequate records of all expenditures incurred under the contract. The bidder shall supply reports as requested regarding such items as quantities shipped and processed, dollar volumes to date per location, identify products and indicate quantities of items on backorder and project the expected delivery date of these items and any other information readily available from a bidder. Bidder should be able to provide these reports within 15 working days of state’s request. Reports will be requested by Paul Brady, the Contract Administrator or designee.

7.8. Contractor must be prepared to honor the manufacturer’s standard warranty. Indicate warranty term and enclose standard warranty documents with your bid.

7.9. Upon request, Contractor must provide Agency a Certificate of Insurance and maintain the minimum limits specified prior to issuance of a Purchase Order. All policies must be issued with a 30‐day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A1, and signed by an authorized agent.

8.0 SPECIFICATIONS

See SPECIFICATIONS and/or COST SHEET for the minimum acceptable specifications for products desired.

8.1. Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. The bidder may offer an alternate product believed to be an equal. Any alternate product(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency.

The Contractor Agrees to the Following:

8.2. Contractor's maintenance and support personnel must be able to provide software support during regular business hours 7 AM to 5 PM Central time, Monday through Friday.

Response Times:

8.3. For purposes of this agreement, hardware and software failures will fall into one of two categories:

Major Failure – Is a failure concerning an outage or repair that impairs the agency from scanning, indexing, doing data repair or delivering images to Agency document repositories or otherwise prevents the Agency from using the application functionality.

Minor Failure – Is any outage or repair that limits or restricts the agency from using the software application functionality.

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Major or minor failure and problem classification will be up to the decision of the Agency manager of the affected Kofax system or their designee.

8.4. For a major failure, the Contractor’s Service Desk must immediately begin problem resolution upon being notified of software malfunction. If the Contractor’s Service Desk cannot resolve the problem, the Contractor must notify Agency's designated contact within 1 hour to identify what escalation steps will be taken to resolve the problem.

8.5. For a minor failure, the Contractor’s maintenance personnel must call back within 4 hours of the service call.

The Contractor must have a verifiable service history of callback response times.

Downtime Escalation Procedure:

8.6. The Contractor agrees that for major failure problems covered by a maintenance agreement, the Contractor’s Help Desk will notify a Contractor Technical Support Specialist after 2 hours (or less) if Agency is operating in a degraded mode and a problem resolution has not been reached. A Kofax Technical Support Specialist will be notified if the Agency's manager of the Kofax systems operation and the Contractor Technical Support Specialist determine that no resolution is in sight after 4 hours or less. Agency, the Contractor and Kofax will be able to work as expeditiously as possible to resolve an agency’s problem.

If the agency notifies the Contractor that a problem has reoccurred when placing a service call, the Contractor agrees to escalate the problem to the next level above that previously notified.

Disaster Recovery:

8.7. For software and hardware that is provided to Agency by Contractor, state your policy, procedures and costs associated with furnishing replacement software and/or hardware in the event of a disaster. List the associated costs in the appropriate location on Attachment A, Cost Sheet.

(Cost estimates will not affect your bid price.)

Professional Services:

8.8. Supplier shall provide Professional Services as requested. Some examples of Professional Services are: Kofax Capture or KTM programming, consulting or training on forms design for data capture, consulting on image capture process improvements, infrastructure and architectural design consulting, etc. All materials produced as a result of this contract and/or Professional Services provided to the State of Wisconsin are the property of the State of Wisconsin. List the associated costs in the appropriate location on Attachment A, Cost Sheet.

(Cost estimates will not affect your bid price.)

Upgrade and Migration Programs:

8.9. Supplier will provide program details for any available upgrade or migration programs for which the Agency qualifies. An example is KC/KTM to KTA Kofax Customer Upgrade Program. List any known associated program details and costs in the appropriate location on Attachment A, Cost Sheet.

Installation:

8.10. Installation of the software shall be the agency’s responsibility. If Agency desires assistance, the Contractor agrees to assist them at a time when it will have the least impact on state agency operations based on mutually agreed procedures.

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9.0 DELIVERY

Bid submission is required by September 16, 2015 2PM Central Time. Failure to meet this delivery requirement may disqualify your bid.

ON SITE SERVICE:

In carrying out the scope of this contract, the Contractor may be required to perform services on Agency property. Bidders must include all transportation and insurance charges.

Failure to include these costs may disqualify your bid.

Questions regarding this bid must be submitted in writing via email to the following:

Paul Brady: Paul.brady@dwd.wi.gov Deadline for submitting questions is September 8th at 2PM central time with responses given as quickly as possible.

10.0 METHOD OF BID

Bidder shall submit pricing for maintenance and support of current and future products as designated on Attachment A, Cost Sheet. Bidder must also include cost of new or additional products as a percentage discount off list price. All prices must be quoted in U.S. Dollars.

Bids requiring an order minimum may be disqualified.

11.0 VENDORNET

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. Annually renewable registration guarantees the organization will receive an e‐mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their specified commodity/service area(s) with an estimated value over $50,000. It is recommended registrants provide an email address that is monitored centrally in the organization to ensure timely receipt of notifications. Organizations without Internet access may request paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e‐mail notices of these simplified bid opportunities. If questions exist about VendorNet, call the VendorNet Information Center at 1‐800‐482‐ 7813 or, for Madison area organizations; call 608‐264‐7898.

12.0 BID RESPONSE REQUIREMENTS

In order for your bid to be considered, the following information must be provided. Fill out and submit one copy (unless stated otherwise) by the due date and time listed on the bid cover page. Include:

12.1. Bid Cover (Signature) Pages, form DOA‐3070

12.2. Certification Regarding Debarment form

12.3. Cost Sheet(s), Attachment A

12.4. Supplier Information Sheet, Attachment B, form DOA‐3477

12.5. References and Examples Sheet, Attachment C, form DOA‐3478

12.6. MBE Program Awareness, Compliance & Action Plan, Attachment D

12.7. Bidder Response Sheet, Attachment F

NOTE: the following documents will only be needed if an Addendum is issued or additional information is requested

12.8. Addendum Cover (Signature) Page(s), if applicable to this bid request, for DOA‐3098

12.9. The State of Wisconsin – DWD may request financial stability documents as needed.

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Failure to provide these forms/information with your bid submittal may disqualify your bid. The Agency encourages all bidders to print their submission double‐sided to save paper.

13.0 SUBMISSION OF BID

Bids may not be submitted via facsimile.

To be considered, bids must be received at the address listed below by the due date and time.

September 16, 2:00 PM CT Any correspondence, documents, price lists, etc. to support your bid, must include the bid number and be sent to:

U.S. Mail: UPS, Fed Ex, etc.:

Paul Brady Paul Brady WI Department of Workforce Development WI Department of Workforce Development Bureau of Finance Bureau of Finance PO Box 7946 201 E. Washington Ave., Room G400 Madison, WI 53707‐7946 Madison, WI 53703

More than one agency in this building receives bids at the 1st floor reception. Therefore it is required that all bid packages are sealed and are clearly marked on the outside of the package with the following:

Agency Name (DWD) Bidder’s Name and Address Bid Number 445009‐016‐ILF0003 Due Date and Time 9/16/2015 2pm

Failure to properly identify your package(s) could result in the package(s) being misdirected and could lead to your response being disqualified.

14.0 METHOD OF AWARD

Award(s) shall be made on the basis of the lowest percentage amount(s) for maintenance and support plus any discounts off list cost for items which are considered to be most likely purchased by the Agency.

These items shall be selected and recorded by the state prior to bid opening. Bids that state the Agency shall guarantee a specific quantity or dollar amount may be disqualified.

Bids will be reviewed by Agency to verify that they meet all specified requirements in this RFB. Each bid, meeting all specified requirements, will be further reviewed on the basis of costs submitted, percentage(s) listed for maintenance and support, examples given, financial stability, and favorable references. This verification may include reviewing the supplier’s bid document, contacting references furnished in the supplier’s bid, requesting reports on the supplier’s financial stability, reviewing demonstrations of the supplier’s product(s)/service(s), and reviewing results of past performance of the supplier with the State of Wisconsin.

Awards will be made to the low total from the lowest responsible bidder.

Lowest responsible bidder is defined in State regulations Adm. 6.01 as:

…the person or firm submitting the competitive bid with the lowest price that meets the specifications contained in the requests for bids. In establishing the lowest responsible bidder, all of the following factors may be considered:

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

b) The skill, judgment, experience, and resources to complete the contract;

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

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

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

f) Any other factor determined to be relevant in assessing the bidder’s ability to supply as required.

15.0 TERMS AND CONDITIONS

The Standard and/or Supplemental Terms and Conditions provided with this document represent the terms and conditions which will apply to this contract. Suppliers may not submit their own contract document as a substitute for these terms and conditions.

16.0 SUPPLIER DIVERSITY

16.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority businesses in the State’s procurement program. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755.

Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to state‐ certified Minority Business Enterprises (MBE) and/or by using such enterprises to provide goods and services incidental to this contract (second‐tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises. An MBE means a business certified, or certifiable, by the Wisconsin Department of Administration under Statute 560.036(2).

Bidders must submit the attached MBE Program Awareness, Compliance & Action Plan (Attachment D) indicating their proposed utilization of state‐certified minority businesses for this contract. Contact the State’s Minority Business Manager for assistance in locating certified firms at (608) 267‐3293. A listing of State of Wisconsin certified minority businesses, as well as the services and commodities they provide, is on the State‐certified MBE web site: www.doa.wi.gov/mbe

Quarterly reports (Attachment E) are requested to be submitted to the Agency , Procurement Unit, itemizing the deliveries and cost of items or services provided by certified firms. Reports should state the costs for the previous contract quarter. The department reserves the right to verify with listed firms their involvement as subcontractors or second‐tier suppliers.

16.2 Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman‐Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman‐Owned Businesses certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. Bidders are strongly urged to use due diligence to further this policy by awarding subcontracts to Woman‐Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

WORKFORCE DEVELOPMENT PAGE 14 OF 31

16.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran‐Owned businesses certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. Bidders are strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran‐Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

17.0 SUBCONTRACTING OR THIRD PARTY PAYMENTS

The bidder must identify whether they or another supplier (subcontractor) will be providing ongoing support. All subcontracting shall be pre‐approved by Agency. Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. Agencies will not pay any subcontractor or third parties directly.

18.0 PRICING AND DISCOUNTS

All costs for the contract must be included in the cost detail sheet. These cost items are detailed in and are included in Section 8.0, Specifications and Attachment A, Cost Sheet. Prices for licenses and maintenance are set by Kofax. Kofax requires their products to be distributed through certified resellers.

Prices and percentages are to remain firm during the first term of the contract. Any price increases proposed after the first term must be submitted in writing to Contract Administrator a minimum of 90 days before the proposed effective date of the increase. Notice of price increases must be fully documented. Documentation shall include copies of the supplier's notification to the supplier of the increase including the effective date. Increases shall not affect any orders written prior to the effective date of the increase. The Contract Administrator shall approve price increases.

Any price reductions passed on to other customers occasioned because of a competitive "softening" of the market are to be correspondingly offered at the same ratio to the state. Prices may be lowered at any time. Failure on the part of the supplier to promptly accord such industry‐wide price decreases may constitute a breach and the contract may be cancelled. The state reserves the right to award any cancelled contract to the next low bidder if it is determined to be in the state's best interest. In the event of a decrease in price, the contractor(s) shall immediately notify the contract administrator of such decreases and issue revised price lists to cover this reduction. The decrease in price to the State of Wisconsin shall become effective on the same date as the decrease is effective to the contractor(s).

19.0 ORDERS

Agencies may use the following methods to purchase from this contract:

Specific purchase orders may be placed for one‐time shipments.

Purchase orders, blanket‐type, may be issued by Procurement for the State’s fiscal year time period, July 1 – June 30, to allow departmental personnel to call or fax for product or service against the order as needed.

Purchasing card releases: placed by department personnel using their State purchasing card under agency and State guidelines.

20.0 INVOICING REQUIREMENTS

Invoices/Purchase Order:

State agencies must meet a statutory mandate to pay or reject invoices within 30 days of receipt by Agencies. Before payment is made, it also must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

WORKFORCE DEVELOPMENT PAGE 15 OF 31

All invoices must be itemized showing:

a. purchase order number d. complete product description as

b. supplier name stated on your bid.

c. remit to address e. prices per the contract

The original invoice must be sent to the bill‐to address shown on the Purchase Order.

Invoices/Purchasing card

Orders placed by Agencies using a purchasing card must reflect current contract pricing.

21.0 CONTRACT CANCELLATION

This Contract may be terminated by either party under the following conditions:

21.1. Please review section 13.0 and 24.0 of the Standard terms and Conditions of Bid. Agency may terminate the contract at any time at its sole discretion by delivering 90 days written notice to the contractor.

If the problem is service performance, contractor will be warned in writing of unsatisfactory performance and intent to cancel this contract. Contractor will be given a period of time to ‘cure’ the performance. If the performance does not improve contractor will be given 30 days written notice that the contract will be cancelled.

Upon termination, Agency's liability will be limited to the pro rata cost of the services performed as of the date of termination.

21.2. In the event the contractor terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Department purchasing agent not less than 90 days prior to said termination. The contractor will, in turn, refund the Department, within 30 days of said termination, all payments made hereunder by the Department to the contractor for work not completed.

21.3. If at any time the contractor performance threatens the health and/or safety of Agency, Agency has the right to cancel and terminate the Contract without notice.

21.4. Failure to maintain the required Certificates of Insurance, Permits, Licenses, etc. shall be cause for contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in #23.0 of the Standard Terms and Conditions, Agency has the right to cancel and terminate the Contract without notice.

21.5. If at any time a petition in bankruptcy shall be filed against the contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of contractor's property is appointed and such appointment is not vacated within 90 calendar days, Agency has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 calendar days notice in writing of such termination.

22.0 CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

The State of Wisconsin shall not enter into a contract with a supplier, and reserves the right to cancel any existing contract, if the supplier or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

WORKFORCE DEVELOPMENT PAGE 16 OF 31

23.0 CONFIDENTIALITY

Contractor acknowledges that some of the data and documentation it may become privy to in the performance of this contract is of a confidential nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information.

Contractor or its employees may have direct or indirect contact with clients, staff, or other parties. All information regarding clients is confidential in nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information, including but not limited to identity of clients or services being received. Bidder must have a policy regarding ethics and confidentiality for their staff to follow. Provide a copy of that policy with your bid.

Some buying agencies that provide health services may additionally require interpreters to sign Health Insurance Portability and Accountability Act (HIPAA) privacy statements at the time of service.

Contractor or its employees and subcontractors will not reuse, sell, or make use in any format the data researched or compiled for this contract for any venture, profitable or not, outside this contract.

Contractor agrees to observe complete confidentiality with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the State's or the manufacturer's, proposer's, or distributor's whereby Contractor or any Contractor's personnel may gain access while engaged by the State or while on State premises.

The restrictions herein shall survive the termination of this contract for any reason and shall continue in full force and effect and shall be binding upon the Contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractor's agents, employees, successors, assigns and subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein. Contractor shall defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the restrictions herein.

WORKFORCE DEVELOPMENT PAGE 17 OF 31

ATTACHMENT A

SUPPLIER NAME:____________________________________________

PRODUCTION Current or estimated Quantities

COST of item as a percentage off list price–

COST

Maintenance as a

PERCENTAGE

OF

HISTORICAL

LICENSE FEE

(12 MONTHS)

SYSTEM LICENSES

Ascent Capture Internet Server (Kofax Capture Internet Services)

Kofax Capture Version 9 % %

KTM Keying Modules % %

KTM Web Server % %

Software‐Based Licensing % %

Kofax TotalAgility Base % %

Kofax Analytics for TotalAgility % %

Kofax Insight Analytics for TotalAgility % %

Kofax TotalAgility Limited Users % %

STATION LICENSES

ACI Server Remote Site 20 % %

Custom Module 16 % %

Full Station 32 % %

Concurrent Station 17 % %

Remote Full Station 12 % %

Scan/Quality Control 1 % %

Kofax Capture Import Connector ‐ for 1 Fax Server Connect

1 % %

VRS Professional for Production Scanning

18 % %

Kofax TotalAgility Concurrent Full Users

WORKFORCE DEVELOPMENT PAGE 18 OF 31

ATTACHMENT A, CONT’D

VOLUME LICENSES FULL

COUNT

KTM Professional ‐ yearly 810000 % %

KTM Unlimited Fields Extraction – yearly

810000 % %

KTM Table Extraction – yearly 120000 % %

Scan/Import page count – yearly 7800000 % %

Import eDocument count ‐ annual 24000000 % %

Scan/Import page count – one time use

22000000 % %

Kofax TotalAgility Capture Volume % %

NON‐PRODUCTION – DEV – INT – UAT

‐ EDU

Current or estimated Quantities

COST of item as a percentage off list price–

COST

Maintenance as a

PERCENTAGE

OF

HISTORICAL

LICENSE FEE

(12

MONTHS)

SYSTEM LICENSES % %

Ascent Capture Internet Server (Kofax Capture Internet Services)

Kofax Capture Version 9 % %

KTM Keying Modules % %

KTM Web Server % %

Software‐Based Licensing % %

STATION LICENSES

ACI Server Remote Site 3 % %

Custom Module 5 % %

Full Station 6 % %

Remote Full Station % %

Concurrent Station 2 % %

WORKFORCE DEVELOPMENT PAGE 19 OF 31

Kofax Capture Import Connector ‐ for 1 Fax Server Connect

VOLUME LICENSES FULL

COUNT

KTM Professional ‐ yearly 30000 % %

KTM Unlimited Fields Extraction – yearly

30000 % %

KTM Table Extraction – yearly 30000 % %

Scan/Import page count – yearly 900000 % %

Kofax 300/yr Scan License % %

STANDALONE DEVELOPERS COST of item as a percentage off list price

COST

Maintenance as a

PERCENTAGE

OF

HISTORICAL

LICENSE FEE

(12 MONTHS)

Two Developer License Dongles include the following:

Kofax Capture Version 9 Full Station (1) Scan/Import page count – yearly (60000)

2 % %

One Developer License Dongle includes the following:

Kofax Capture Version 9 KTM Web Server KTM Keying Modules Custom Module (2) Full Station (1) Scan/Import page count – annual (60000) KTM Professional – annual (30000) KTM Unlimited Fields Extraction – annual (30000) KTM Table Extraction – annual (30000)

1 % %

(The below section is for informational purposes only and will not be used for award purposes)

CHARGE FOR DISASTER RECOVERY PLAN $

HOURLY RATE FOR PROFESSIONAL SERVICES OFFERED

(attach rate sheet if necessary)

Kofax Upgrade Program (attach additional program information if necessary)

WORKFORCE DEVELOPMENT PAGE 20 OF 31

STATE OF WISCONSIN

DOA‐3477 (R05/98)

ATTACHMENT B SUPPLIER INFORMATION

1. PROPOSING COMPANY/ORGANIZATION NAME

Phone ( ) Toll Free Phone ( )

FAX ( ) E‐Mail Address

Address

City State Zip + 4

Website

2. Name the person to contact for questions concerning this bid.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E‐Mail Address

Address

City State Zip + 4

3. Any supplier awarded over $50,000 on this contract must submit affirmative action information to the department. Please name the Personnel/Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

Name Title

Phone ( ) Toll Free Phone ( )

FAX ( ) E‐Mail Address

4. Mailing address to which state purchase orders are mailed and person the department may contact…