ILI0020 - RFB Chiropractic Resolution.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070

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 East Washington Avenue, Room G400 PO Box 7946 Madison, WI 53707-7946

Bid envelope shall be sealed and plainly marked in lower corner with due date and Request for Bid # ILI0020 Late bids will be rejected. Bids SHALL 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 shall 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 BID - ILI0020

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

September 17, 2:00 PM Central Time BIDDER (Name and Address)

Name (Contact for further information)

Carmen Hidalgo – Purchasing Agent

Phone

608-267-8898

Date

08/28/18

Quote Price and Delivery FOB

Destination Fax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit Description Price

Per Unit

Total

CHIROPRACTIC DISPUTE RESOLUTION SERVICES

ILI0020 – Chiropractic Resolution

Authorized company representative must sign the form below.

Proposer name and address must be provided at top left Bidder name and address block.

Payment Terms Net 30 Delivery Time

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 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.

TABLE OF CONTENTS

STATE OF WISCONSIN

TABE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 PURPOSE AND INTENT OF REQUEST FOR BID

1.2 PROJECT OVERVIEW/SCOPE OF BID

1.3 RETENTION OF RIGHTS

1.4 DWD CONTRACT ADMINISTRATOR

1.5 CONTRACT PERIOD AND EXTENSIONS

1.6 CONTRACT TERMINATION

1.7 SALES VOLUME

1.8 PRICING AND DISCOUNTS

1.9 AFFIRMATIVE ACTION AND ACCOMMODATION STATEMENT

1.10 WISCONSIN ESUPPLIER INFORMATION

1.11 PRIME CONTRACTOR, SUBCONTRACTOR AND MINORITY BUSINESS INFORMATION

1.12 DISABLED VETERAN-OWNED

1.13 BUSINESS CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 BID SUBMITTAL

2.2 WITHDRAWAL/MODIFICATION OF BID

2.3 CALENDAR OF EVENTS

2.4 REASONABLE ACCOMMODATIONS

2.5 MULTIPLE BIDS

2.6 INCURRING COSTS

2.7 QUESTIONS AND CLARIFICATIONS

2.8 NEWS RELEASES

2.9 REFERENCES

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 BID OPENING

3.2 BID ACCEPTANCE

3.3 BID AWARD

3.4 SITE VISITS

3.5 NOTIFICATION OF INTENT TO AWARD

3.6 DISCLOSURE OF BID INFORMATION

4.0 GENERAL REQUIREMENTS

4.1 QUALITY STANDARDS

4.2 BIDDER QUALIFICATIONS/EXPERIENCE

4.3 REPORTS, RECORDKEEPING AND RECORD RETENTION

4.4 AUDITS, STATE AND/OR FEDERAL

4.5 MATERIAL OWNERSHIP

4.6 CONTRACTOR AGREES TO THE FOLLOWING

4.7 PLACEMENT OF ORDERS

4.8 INVOICING

4.9 LIQUIDATED DAMAGES

5.0 SPECIFICATIONS

6.0 COST INFORMATION

ATTACHMENTS

ATTACHMNET A – Bidder Cost Sheet ATTACHMENT B – Bidder Required Form (DOA-3832) ATTACHMENT C – Designation of Confidential and Proprietary Information ATTACHMENT D – Bidder Checklist

1.0 INTRODUCTION AND PURPOSE

1.1 Purpose and Intent of Request for Bid

The purpose of this document is to provide interested vendors with information on preparing and submitting a sealed bid for Chiropractor Dispute Resolution Services for the Department of Workforce Development (DWD). The goal of the service provider is to resolve disputes between a chiropractor and an insurer or a self-insured employer regarding the necessity of treatment for an injured employee claiming benefits under the Wisconsin Worker’s Compensation law.

The DWD Worker’s Compensation Division is creating a panel of chiropractors to perform fair and impartial reviews and issue written opinions on whether treatment which is being disputed by a workers compensation insurer or self-insured employer was necessary to cure and relieve the effects of a work-related injury. The panel members must be chiropractors who are appropriately licensed to practice and are engaged in full time practice.

The State, as represented by DWD, intends to use the results of this request for bid (RFB) process to establish DWD Procurement Contracts for up to eight reviewers within the state of Wisconsin.

Contractors will be contacted as cases are identified. The decision to contract with a specific contractor will be at the discretion of the Division on a case by case basis, based on a determination of proposed service effectiveness and contractor’s availability.

The results of this bid process may also be used by the State to award additional similar contracts with other state agencies.

The State of Wisconsin retains the right to award contracts for related services from other existing State of Wisconsin Procurement Contracts, if any.

1.2 Project Overview/Scope of Bid

In making a decision regarding the necessity of the treatment in dispute, the panel member shall use accepted chiropractic standards that are in use at the time the services were provided in the Wisconsin chiropractic community and treatment guidelines the Division may adopt by administrative rule. When necessary to provide a fair and informed decision in a specific dispute, the expert may contact the chiropractor under review, the insurer or self-insured employer which is a party for clarification of issues raised in the written materials. If the contact is in writing, the panel member shall provide all parties to the dispute with copies of the request and the responses. If the contact is by telephone, the panel member shall arrange a conference call giving all parties an opportunity to participate simultaneously. The panel member must notify the Division when the parties have been contacted for clarification of the issues. The panel member shall provide a copy to the Division of all additional documents received by the panel member. The Division shall not incur the costs (including photocopy charges) associated with a panel member’s request for additional information.

The panel member shall issue a written opinion regarding the treatment in dispute within 90 days after he or she has received the materials relating to the dispute from the Worker’s Compensation Division. Copies of the written opinion must be provided to the Division and the parties to the dispute. A request for additional information from the parties by the panel member does not extend the 90-day time limit for submitting a written opinion to the Division.

1.3 Retention of Rights

The State of Wisconsin retains the right to accept or reject any or all bids if it is deemed to be in the best interests of the State of Wisconsin.

The results of this bid may also be used by the State to award additional similar contracts with other State agencies.

The Contractor shall not have exclusive rights to provide all services and supplies during the term of the contract or any extension of the contract.

All bids become the property of DWD upon receipt. All rights, title and interest (including the right to exploit for the State’s purposes) in all materials prepared by the responder for the bid to DWD shall be the exclusive property of DWD and may be used by the State at its option.

DWD retains the right to obtain services other than the Contractor’s to accomplish required processes and/or procedures to the system through whatever means deemed necessary by DWD.

1.4 DWD Contract Administrator

The contract resulting from this RFB will be administered by Carmen Hidalgo, Department of Workforce Development, Purchasing Section. All contacts between the bidder and the contracting agency will be through the designated agency representative unless otherwise instructed. The designated agency representative will be Jim O’Malley. The bidder shall meet with the designated agency representative as requested to resolve problems. Any problems which cannot be resolved between the designated agency representative and the bidder will be referred to the Contract Administrator. The Contract Administrator will inform the bidder in writing of the unresolved issues and the bidder will respond with proposed corrective actions within 10 days of receipt of letter. The state and/or the bidder can request meetings to address unresolved contract issues.

1.5 Contract Period and Extensions

Contract period will be for three years with two one-year automatic renewals. The Contract shall automatically be extended unless DWD Procurement is notified, in writing from the contractor or, DWD notifies the contractor, in writing ninety (90) days prior to expiration of the current contract period. Renewals are subject to the availability of funds. Additional contract extensions may be granted in order to complete a case which was initiated during the original one-year or two one-year renewal periods. The extension may continue until the resolution of the pending case.

1.6 Contract Termination

The Contract shall be subject to termination under any of the following conditions:

1.6.1 Default by the Contractor

DWD may, by ninety (90) calendar days prior written notice to the Contractor signed by DWD’s Contract Administrator, terminate the Contractor’s right to proceed as to the contract if the Contractor:

• Materially fails to perform the services in accordance with the contract, or

• Fails to make progress as to materially endanger performance of the contract in accordance with its terms.

Termination at the option of DWD shall be effective ninety (90) calendar days after receipt of such notice, unless the Contractor shall have corrected any alleged failure(s) within thirty (30) calendar days after receipt by the Contractor of such written notice which shall specify fully and in detail each material failure to be corrected by the Contractor. DWD shall waive its right to terminate for cause any such failure(s) to perform which, in the exercise of due diligence, cannot be cured in such thirty (30) calendar day period provided that: (a) the Contractor produces a written plan of correction accepted by DWD, in writing, and (b) the Contractor shall within such thirty (30) calendar day period commence and thereafter continue diligently to cure such failure(s) to perform, and

(c) no such extension has been granted previously. In the event of such termination, in addition to any other legal rights or remedies DWD may have, DWD may procure or furnish services similar to those so terminated, and the Contractor shall be liable to compensate DWD for any costs up to the amount of the contract and any federal penalties attributable to the Contractor under the contract.

1.6.2 Financial Instability

DWD may terminate the contract without paying termination costs if the Contractor files or has filed against it a petition in bankruptcy or insolvency and that petition is not dismissed within forty-five (45) calendar days.

1.6.3 Termination in the Interest of the State

DWD’s Contract Administrator, by ninety (90) calendar days prior written notice, may terminate performance of work under the contract when it is in the best interest of the State to do so. In the event of such termination, the Contractor will be compensated for all work performed prior to such termination date and for all reasonable costs and liabilities to which the Contractor has, out of necessity, obligated itself as a result of the contract which are applicable to any period after such termination up to the term of the contract as determined in accordance with the applicable provision of 41 CFR, Sections 1-8. The Contractor shall use reasonable efforts to minimize the cost to the State.

1.6.4 Default by the State

The contract may be terminated by the Contractor, for cause, upon the failure of DWD to perform any material provision required of it by the contract, provided the Contractor give DWD’s Contract Administrator ninety (90) calendar days prior written notice of the reasons for such termination, including sufficient details to enable DWD to correct these errors and/or omissions. Termination, at the option of the Contractor, shall be effective ninety (90) calendar days after receipt of such notice, unless DWD shall have corrected said failure(s) within thirty (30) calendar days from receipt of the notice. DWD shall not be deemed in default so long as DWD shall within such period commence and thereafter continue diligently to cure such failures and provide relief as necessary to the Contractor through the Change Order and Delay provisions of the contract. The competency of DWD staff shall not be reason for finding the State in default.

The Contractor shall, in the event of a termination, be paid all monies due the Contractor at the effective date of the termination, including all applicable portions of the holdback and payment for completed work for all current deliverables.

1.6.5 Availability of Funds

It is understood and agreed by the parties hereto that all obligations of DWD, including the continuance of payments hereunder, are contingent upon the availability and continued appropriation of State and federal funds, and in no event shall DWD be liable for any payments hereunder in excess of such available appropriated funds. In the event that the amount of any available or appropriated funds provided by the State or federal sources for the purchase of services hereunder shall be reduced, terminated or shall not be continued at an aggregate level sufficient to allow for the purchase of the specified amount of services to be purchased hereunder for any reason whatsoever, DWD shall notify the Contractor of such reduction of funds available and DWD shall be entitled to reduce its commitment hereunder as it deems necessary.

1.7 Sales Volume

During the fiscal year period of July 1, 2016, through July 1, 2017, DWD spent approximately $18,000.00 for chiropractic dispute resolution services.

1.8 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 6.0, Cost Information and the Bidder Cost Sheet(Attachment A).

Prices are to remain firm during the first year of the contract. After that date, if there has been an industry-wide price increase, prices may be increased by the same amount as the cost increase to the contractor. Notice of price increases must be fully documented and submitted to the Contract Administrator 30 days before the date of the proposed effective change. Documentation shall include copies of the supplier's notification to the vendor 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 vendor 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).

1.9 Affirmative Action and Accommodation Statement

The Department of Workforce Development and the State of Wisconsin do not discriminate when providing services or employment on the basis of age, race, color, sex, national origin, ancestry, martial status, religion, sexual orientation, arrest/conviction record, use of lawful products, military status or disability. If you need this material in an alternate format, or have concern or comment please contact Carmen Hidalgo. Telephone: 608-267-8898, or email Carmen.Hidalgo@dwd.wisconsin.gov. Deaf, hearing or speech impaired callers may reach us through the Wisconsin Telecommunication Relay System (WTRS) at 1-800-676-3777 or http://www.wisconsinrelay.com.

1.10 Wisconsin Esupplier Information

Only bidders registered with the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) will receive future official notice for this service/commodity. The State of Wisconsin purchasing information and bidder/bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the Internet at Link to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Bidders 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. A subscription with notification 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 designated commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bides valued at $50,000 or less. Bidders also may receive e-mail notices of these simplified bid opportunities.

http://www.wisconsinrelay.com/

1.11 Prime Contractor, Subcontractor and Minority Business Information

Prime Contractor and Subcontracting Subcontractors must abide by all terms and conditions of the contract. When subcontractors are used, this should be clearly explained in your submittal. However, the prime contractor will be responsible for contract performance whether or not subcontractors are used.

The awarded vendor will submit a subcontracting plan of action indicating their utilization of certified minority businesses on this contract. The Department of Workforce Development will require from the successful contractor a quarterly report of purchases of such supplies and services necessary for the implementation of this contract.

Minority Business The State of Wisconsin is committed to the promotion of minority business in the state’s purchasing program and a goal of placing a minimum of five percent (5%) of its total purchasing dollars with certified minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.287(2) and 16.75(3m).

The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Administration, Wisconsin Supplier Diversity Program should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to this agreement, with a goal of awarding at least 5% of the contact price to such enterprises.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Supplier Diversity Program - (608) 267-9550. The list is published on the Internet at:

http://www.doa.state.wi.us/Divisions/Enterprise-Operations/Supplier-Diversity-Program

1.12 Disabled Veteran-owned

The State of Wisconsin is committed to the involvement of disabled veteran-owned businesses in the state's procurement program.

Authority for this program is found in § 16.283.

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. The contractor is 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 commodities and services incidental to this agreement.

1.13 Business Certification for Collection of Sales and Use Tax

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor 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.

2.0 BID PROCEDURES AND INSTRUCTIONS

2.1 Bid Submittal

Bidders have two (2) options in responding to this RFB. The Bidder can submit an electronic bid using the State of Wisconsin's e- Supplier Portal, or they can submit an electronic version of all required materials for acceptance of their bid to Carmen.Hidalgo@dwd.wisconsin.gov as described in Section 5.7. Electronic submission via eSupplier is preferred.

REQUIRED DOCUMENTS TO BE INCLUDED IN BID RESPONSE:

• Request for Bid Form, DOA-3070

• Bidder Cost Sheet (Attachment A)

• Bidder Required Form, DOA-8382 (Attachment B)

• Designation of Confidential and Proprietary Information (Attachment C)

• Bidder Checklist (Attachment D) http://www.doa.state.wi.us/Divisions/Enterprise-Operations/Supplier-Diversity-Program

2.2 Withdrawal/Modification of Bid

A bidder may withdraw a bid at any time prior to the bid opening. If modifications of bid are needed, the bidder may request the bid to be returned to them. The bidder may make changes and resubmit prior to the bid opening.

2.3 Calendar of Events

Listed below are specific and estimated dates and times of actions related to this Request for Bid (RFB). The actions with specific dates must be completed as indicated unless otherwise changed by the State. In the event that the State finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an addendum to this RFB.

Event Deadline

a) Date of Issue of RFB August 28, 2018

b) Bidder Questions Due September 4, 2018 by 2:00 PM CT

c) Responses to Questions Posted September 10, 2018

d) Deadline for Submission of Bids September 17, 2018 by 2:00 PM CT

e) Notice of Intent to Award Contract Issued September 21, 2018 (est.)

f) Contract Start Date September 28, 2018 (est.)

2.4 Reasonable Accommodations

The Department 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, contact Carmen Hidalgo at 608-267-3758.

2.5 Multiple Bids

Multiple bids from a vendor will be permissible. However, each bid must conform fully to the requirements for bid submission.

Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response.

2.6 Incurring Costs

The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.7 Questions and Clarifications

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by 2:00pm CT on August 6, 2018. If at any time prior to the Bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procuring Agency representative named below of the issue in writing and request modification or clarification of the RFB document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial RFB and will be posted on E-Supplier.

Bidders are responsible for reviewing this website periodically and addressing in their bid any clarifications provided by DWD.

Each bid shall stipulate that it is predicated upon the requirements, terms and conditions of this RFB, and any supplements or revisions thereof.

Email is the preferred method of written contact: Please email to: Carmen.Hidalgo@dwd.wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #ILI0020 and the section in which the question applies and be directed to Carmen Hidalgo.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions shall be posted on e-Supplier (https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER).

mailto:Barbara.Hoffhein@dwd.wisconsin.gov https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Carmen Hidalgo is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued.

Carmen Hidalgo may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

2.8 News Releases

News releases pertaining to this RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

2.9 References

Each contractor must furnish a list of a minimum of three (3) references that are willing and capable of verifying information supplied by the vendor in their bid. Contractors should submit additional Reference Data Sheet forms if they have more than three

(3) references. The State reserves the right to contact and/or visit any party listed as a reference, which has previously utilized or is presently utilizing services from the contractor. The State may also utilize other sources of information about the services proposed by the contractor where these sources are publicly available and are equally available for all competing contractors. The State reserves the right to contact organizations that regulate or promote professional standards in the discipline for which the panel is being created as may be required by statute or administrative rule. Failure to obtain consistent positive references will be cause for disqualification.

Complete the Vendor Reference (Included in Attachment B).

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 Bid Opening

Bids will be opened at the time and place shown on the Request for Bid form (DOA-3070). Only the names of vendors from whom responses have been received will be read at that time.

3.2 Bid Acceptance

Bids that do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor’s financial stability and if financial stability is not substantiated may reject a vendor’s bid. The State retains the right to accept or reject any or all bids or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB. The State reserves the right to negotiate the terms of the contract with the lowest responsible bidders.

3.3 Bid Award

The State of Wisconsin intends to award to multiple bidders. The state reserves the right to award to as many responsive, responsible bidders as is determined to be in the best interest of the state. The state is the sole determinant of its best interest.

Bidders must bid a rate for all the services they provide. Award will be made to the lowest cost, responsible and responsive bidder.

The state reserves the right to accept or reject any or all bids. Bids that state the state shall guarantee a specific quantity or dollar amount will be disqualified.

Bids shall meet all specified requirements in this RFB including recommendations of organizations that regulate or promote professional standards in the discipline for which the panel is created as may be required by statute or administrative rule. Each bid, meeting all specified requirements, will be evaluated on the basis of costs submitted, discounts, financial stability, and favorable references. This verification may include reviewing the vendor’s bid document, contacting references furnished in the vendor’s bid, requesting reports on the vendor’s financial stability and reviewing results of past awards to the vendor by the State of Wisconsin.

The Pricing Form (Attachment A) is to be used by the vendor to provide the detail of the costs as specified. All costs of complying with the terms and conditions of this RFB must be included on the Cost Detail Sheet.

A qualified contractor is defined as one of the eight lowest responsible contractors based on cost, subject to positive references required in Section 2.9, who have the ability and availability to conduct the reviews. When a service described in this proposal is required by the State, the State may award a case to any of the qualified contractors.

The decision to contract with a specific contractor will be at the discretion of the department on a case by case basis based on a determination of cost efficiency, proposed service effectiveness and availability of the contractor. Failure to meet DWD’s required project timeline will be cause for disqualification.

Bids from certified Minority Business Entities may be provided up to a five percent (5%) preference.

3.4 Site Visits

Bidders awarded contracts may be required to allow site visits to support the information contained in the RFB response, if requested by the State. The state will make every reasonable attempt to schedule each site visit at a time that is agreeable to the bidder. Failure of the bidder to permit a site visit on the date scheduled may result in rejection of the bid response.

3.5 Notification of Intent to Award

All vendors who respond to this RFB will be notified in writing of the State's intent to award the contract as a result of this RFB.

3.6 Disclosure of Bid Information

All information concerning the bids will become part of the public record at the time that the notice of intent to award is issued.

Any restrictions on the use of the data contained in a vendor’s response to this RFB must be clearly stated and the Designation of Confidential and Proprietary Information (Attachment I) must be completed. Proprietary information submitted in response to this RFB will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin Public Records Law.

4.0 GENERAL REQUIREMENTS

4.1 Quality Standards

Bidders shall comply with the following. Failure to comply may disqualify a vendor’s bid from further consideration.

• Contractor and staff must adhere to all applicable rules and regulations of the Department of Workforce Development, Unemployment Insurance Division and the Bureau of Information Technology Services.

• Contractor and staff must adhere to all applicable confidentiality rules and regulations.

• Contractor agrees to provide the services necessary to successfully complete an assigned case by DWD as outlined in the

Project Overview/Scope of Bid, Section 1.2 of the bid document.

• Contractor will provide the services outlined in the Request for Bid. The contractor shall provide documented licenses and resumes for all contracted personnel associated with this RFB indicating they possess the capabilities/specialties outlined in the Request for Bid.

There will be no instances in which the above rules are not followed.

4.2 Bidder Qualifications/Experience

Bidders shall meet the following criteria:

• Bidders shall currently be in business, supplying similar services to customers similar to the State of Wisconsin for a minimum of five (5) years.

• Bidders shall have a minimum of ten (10) years' experience in the full-time practice of chiropractic care.

• Bidders shall be engaged in full time practice of chiropractic care. Full time practice is defined as 30 hours per week of personal (one on one) treatment and management of patients including documentation of care. General administration of a clinic is not to be included in the 30 hours. A minimum 20 hours a week of full time practice must be done in the State of Wisconsin.

• Bidder shall hold an unrestricted chiropractic license to practice in the State of Wisconsin. Bidder shall list all states which he/she is licensed in, besides the State of Wisconsin. Bidder shall list chiropractic licenses of employees performing services for this contract.

• Bidders shall have a minimum of five (5) years experience conducting treatment reviews involving chiropractic treatment, including the necessity of treatment provided. Bidder shall list the name(s) of all individuals or organizations for whom the bidder has conducted, or is conducting, reviews of chiropractic treatment, the time period and approximately the number of claims that were reviewed for each individual(s) or organization(s) during the stated time period. Bidder agrees to allow DWD to confirm this experience.

• Bidders must have email.

Contractors must clearly designate a person to provide on-going communication, coordinate servicing and answer questions.

Indicate the names, addresses and phone numbers for contact persons for the following areas on the attached form (DOA-3232):

4.3 Reports, Recordkeeping and Record Retention

The bidder shall establish and maintain adequate records of all expenditures incurred under the contract in accordance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants. The bidder will be required to maintain records documenting contract performance. 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 items that were purchased by state agencies manufactured from virgin materials, and any other information readily available from a bidder. Forms or format will be determined by the Department of Workforce Development and the contractor. Bidder should be able to provide these reports within fifteen (15) working days of state’s request. Reports will be requested by Carmen Hidalgo, the Contract Administrator and will not be requested for periods of less than one month in length.

4.4 Audits, State and/or Federal

Duly authorized representatives of the State and the Wisconsin Legislative Audit Bureau shall have the right to audit, review, examine, copy and transcribe any pertinent records or documents relating to any contract resulting from this RFB. The bidder shall retain all documents associated with this contract for a period of not less than four (4) years after final payment is made.

State and/or federal auditors and State employees may require access to Contractor records pertaining to the Contract for purposes of conducting audits and business process reviews. The Contractor agrees to allow access to their location upon receiving a twenty-four (24) hour notice.

4.5 Material Ownership

Title to all accepted material submitted to DWD in response to this Request for Bid shall rest with the Department. Such ownership does not extend to proprietary materials owned by the Bidder. DWD retains the full right to use the accepted RFB for its purposes without compensation or approval of the bidder.

4.6 Contractor Agrees to the Following

The DWD may reject bids which do not comply with instructions or are unable to comply with specifications contained in this Request for Services. The DWD retains the right to accept or reject any or all bids deemed to be in the best interest of the DWD.

The DWD shall be the sole judge as to compliance with the instructions contained in this Request for Bid.

Bids will be reviewed by DWD to verify they meet all specified requirements. Each bid, meeting all specified requirements, will be evaluated on the basis of costs submitted, discounts, services offered, financial stability, and favorable references.

4.7 Placement of Orders

These are the operational procedures for placing orders, receipt of orders, and shipping of orders:

• One (1) purchase order will be issued by the Department of Workforce Development per vendor.

• Delivery shall be made according to this bid and as established in the method of order.

Blanket contract release orders may be placed against this contract.

4.8 Invoicing

The State of Wisconsin, Department of Workforce Development requires invoicing to occur on each review submitted. The original invoice must be sent to the bill-to address shown on the Purchase Order.

All invoices must be itemized showing:

A. Purchase order number B. Contractor name C. Remit to address and telephone number D. Contract price(s) and detail of what is being billed.

E. DWD requires invoicing to occur upon completion of the services. A detailed invoice for the total will be sent via email to: Einvoice@dwd.wisconsin.gov or Lynn Weinberger at Lynn.Weinberger@dwd.wisconsin.gov

Failure to meet contract requirements may result in affected agency withholding payment.

Invoices shall contain complete and accurate information including list prices and discounted prices. Bidder invoices shall be submitted to the state within 30 days of delivery. All invoices shall be sent to the address specified by the designated agency representative. All vendor invoice discounts for quick payment must be extended to the State of Wisconsin.

4.9 Liquidated Damages

This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the terms of this Request for Bid. Liquidated damages may consist of $50.00 or 1% of the cost of the order, which ever is higher per working day per line item for failure to deliver according to the bidder specified delivery schedule. Liquidated damages will be deducted from payments on the invoice covering the late shipments, if the invoice is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount to cover the liquidated damages on a particular shipment, the agency will request cancellation of the invoice and a credit to cover the balance.

5.0 SPECIFICATIONS

• The panel member shall conduct reviews of the necessity of the treatment in dispute by reviewing all the records and documents provided by the Worker’s Compensation Division. When necessary to provide a fair and informed decision in a specific dispute, the expert may contact the chiropractor under review and the insurer or self-insured employer which is a party for clarification of issues raised in the written materials.

• If the contact is in writing, the panel member shall provide all parties to the dispute with copies of the request and the responses.

• If the contact is by telephone, the panel member shall arrange a conference call giving all parties an opportunity to participate simultaneously.

• The panel member shall notify the Division when the parties have been contacted for clarification of the issues.

• The panel member shall provide a copy to the Division of all additional documents received by the panel member. The

Division shall not incur the costs (including photocopy charges) associated with a panel member’s request for additional information.

• In making a decision regarding the necessity of the treatment in dispute, the panel member shall use accepted chiropractic standards that are in current use in the Wisconsin chiropractic community and treatment guidelines the Division may adopt by administrative rule.

• The panel member shall issue a written opinion regarding the treatment in dispute within 90 days after he or she has received the materials relating to the dispute from the Worker’s Compensation Division. Copies of the written opinion must be provided to the Division and the parties to the dispute. A request for additional information from the parties by the panel member does not extend the 90-day time limit for submitting a written opinion to the Division.

6.0 COST INFORMATION

DWD will pay an hourly rate for the performance of services requested in this RFB, including but not limited to, the review of the treatment in dispute and the provision of an expert written opinion. The Bidder Cost Sheet is to be used by vendors to provide the hourly cost for the service requested for the base year of the contract and both option years. All cost items should be so noted. All costs of complying with the terms and conditions of this RFB must be shown on the Bidder Cost Sheet (Attachment A).

mailto:Einvoice@dwd.wisconsin.gov

STANDARD TERMS & CONDITIONS, DOA-3054 (R01/2018)

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industrywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due.

Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

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

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

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

14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis.