INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://vendornet/vendornet/default.asp. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you must follow in order to submit a response to the RFB.

1.

Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

2.

Review Section 2.0 “Bidder Qualifications and Requirements”. This section will explain what a company needs in order to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

3.

The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

4.

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

5.

The remaining sections of the RFB describe the process you must follow and the way you must present your bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” Section 6.0 and the “Bid Acceptance and Award” Section 7.0.

6.

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

7.

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

8.

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

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

TABLE OF CONTENTS

1.0

INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3

CONTRACT TERM

1.4

MODIFICATIONS OF CONTRACT

1.5

ORDER OF PRECEDENCE

1.6

COOPERATIVE PURCHASING SERVICES

1.7

OVERVIEW OF PROCURING AGENCY

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1

TECHNICAL REQUIREMENTS

3.2

POST AWARD MANDATORY PERFORMANCE REQUIREMENTS

3.3

POST AWARD MANDATORY SUPPORT REQUIREMENTS

4.0

SPECIAL TERMS AND CONDITIONS OF BID

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

5.2

PRICE SHEET INSTRUCTIONS

5.3

PRICE DECREASE

5.4

PRICE INCREASE

5.5

MANUFACTURER'S REBATE (INCENTIVES)

5.6

ESTIMATED NUMBER OF VEHICLES

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3

NEWS RELEASE

6.4

REASONABLE ACCOMMODATIONS

6.5

VENDORNET REGISTRATION

6.6

SUBMITTING A BID

6.7

FAXED BIDS

6.8

EMAILED BIDS

6.9

FORMAT OF BID RESPONSE

6.10

INCURRING COSTS

6.11

MULTIPLE BIDS

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

7.2

BID REVIEW

7.3

BID ACCEPTANCE

7.4

METHOD OF AWARD

7.5

BIDDER REFERENCES/CLIENT LIST

7.6

USE OF SUBCONTRACTORS

7.7

SUPPLIER DIVERSITY

7.8

AWARD NOTIFICATION

8.0

REQUIRED FORMS

Bidder Checklist - Attachment A

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

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

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, as represented by its Department of Administration (DOA), intends to use the results of this procurement to conduct Medium/Heavy Duty Truck purchases for the 2017 Model Year or newer. This document provides interested parties with all relevant information to enable them to prepare and submit an official response. Contracts that are established through this Request for Bid (RFB) will be utilized by State Agencies including University of Wisconsin System campuses and eligible participants in the State of Wisconsin’s cooperative purchasing.

The attached Bid Price Sheets (Appendix 1) identify the following information:

· The different vehicle configurations that the State of Wisconsin may wish to purchase

· The Required Equipment as listed in Appendix 2 shall be included for each vehicle.

· The Optional Equipment as listed in Appendix 2 may be purchased in addition to the base vehicle.

1.3 CONTRACT TERM

All contracts resulting from this RFB will be valid for 2017 or newer Model Year vehicles. The contract will run for a one (1) year period. The contract shall be effective on the date executed by the State.

1.4 MODIFICATIONS OF CONTRACT

The Contract must not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5 ORDER OF PRECEDENCE

In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder(s) as accepted by DOA, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder(s) to accept these elements into the Contract will result in the cancellation of the contract award.

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

· Official Purchase Order

· Final Signed Contract with clarifications included

· Bid Response as accepted by the State of Wisconsin

· Request for Bid

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached below).

1.7 OVERVIEW OF PROCURING AGENCY

The Department of Administration performs administrative and executive functions for the State of Wisconsin. The State Bureau of Procurement (Bureau) will administer the contract resulting from this RFB. The Contractor and the respective Authorized Users will work together to resolve any problems or issues related to the purchase of products such as ordering, delivery or returns. The Contractor shall communicate or meet with the designated Authorized User’s representative, as requested, to resolve problems.

Any problems that cannot be resolved between the Authorized User and the Contractor will be referred to the Contract Manager. The Contract Manager will inform the Contractor in writing of the unresolved issues and the Contractor will respond with proposed corrective actions within five (5) working days. Either the Bureau or the Contractor may request meetings to address unresolved contract issues.

The Wisconsin Department of Administration is the sole point of contact for the State of Wisconsin during this RFB process. The person responsible for managing the procurement process is:

Rick House reche2.house@wisconsin.gov 608-266-8024

2.0 BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, the Procuring Agency reserves the right to waive any qualification if No Bidder is able to satisfy that qualification.

2.1 Bidder shall be a manufacturer or an authorized dealer and documentation must be submitted with the bid to substantiate this status.

2.2 Before the award of any contract, the department shall be satisfied that the bidder has sufficient qualified resources available for performing the work described in this bid. It is the bidder’s responsibility to acquaint the department with these qualifications by submitting appropriate or supporting documentation.

3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements must be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Bidder must use Attachment A (Bidder Checklist) to respond to this section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that No Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 TECHNICAL REQUIREMENTS

All Technical Requirements are mandatory. Submission of a Bid means the Bidder agrees that they comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement will disqualify your Bid or may result in the cancellation of a Contract Award.

3.1.1 REQUIRED EQUIPMENT: Required Equipment (Vehicle Specifications, Appendix 2), shall be included in the Bidders bid price. Do not delete standard options in favor of less expensive non-standard options. If no single Bidder is able to comply with a specific line of the Required Equipment the State reserves the right to delete that requirement of the RFB. All equipment shall be factory installed unless noted in the Bid Price Sheets.

3.1.2 MANUFACTURER SPECIFICATION CONFIRMATION REQUIREMENT: To confirm the bidder’s ability to meet bid specifications, bidders will provide, at time of bid, a CD or Flash Drive for each Bid Item, consisting of a GM AutoBook, PC Carbook, or similar software description of the factory codes and detail descriptions of all required and all optional equipment for the vehicles the bidder proposes to furnish. Vendors must also include in each document the Manufacturer’s Suggested Retail Price (MSRP) of each vehicle bid (cab and chassis). Vehicle bids submitted without manufacturer specification confirmation may be disqualified.

3.1.3 OPTIONAL EQUIPMENT: Each bid item number has specific Optional Equipment listed (Vehicle Specifications, Appendix 2). The Optional Equipment is designed to supplement the Required Equipment already provided in the Bidders bid price. There is no guarantee that the State will order any of the requested Optional Equipment. All equipment shall be factory installed unless noted in the Bid Price Sheets.

3.1.4 APPROVED EQUAL: Where stated, or approved equal, DOA will be the sole governing agency when determining if a requested alternative is accepted as an equal to the stated specification. All requests must be received by reche2.house@wisconsin.gov no later than September 18, 2017 @ 2:00 PM CDT. Bidders are required to follow the prescribed process for requesting alternates and should not assume the State will consider alternates that did not follow the process listed above. However, in the event an alternate is not submitted for acceptance by the required due date but is submitted in the bid response, the State reserves the right to determine whether the alternate will be approved as an equal during review of the bids.

3.1.5 WARRANTY: Bidder shall furnish the standard manufacturer’s warranty with invoice for each vehicle at the time of delivery.

3.1.6 NAMEPLATES: Contractor nameplates or decals shall not be affixed in any manner to any vehicle(s) delivered; photographs of vehicle with identification decals are not allowed.

3.2 POST AWARD MANDATORY PERFORMANCE REQUIREMENTS

All Post Award Performance Requirements are mandatory. Submission of a Bid means the Bidder agrees that they comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement may result in the cancellation of a contract award.

3.2.1 NEW VEHICLE PERFORMANCE: All vehicles and related equipment shall perform in accordance with manufacturer’s specifications.

3.2.2 NEW VEHICLE SERVICE: Prior to delivery, the Contractor shall completely service the vehicle in accordance with the following requirements:

· Vehicle shall contain ¼ tank of gasoline/fuel when delivered.

· Vehicles shall be clean with all stickers removed prior to delivery, except were required by law.

· Floor mats shall be unwrapped and placed appropriately throughout vehicle.

· If applicable, manufacturer Line Sheet shall accompany vehicle at time of delivery.

3.2.3 NEW VEHICLE CONDITION: Vehicles not properly prepared in accordance with Section 3.2.2 “New Vehicle Service” may be returned to the Contractor at the Contractor’s expense.

3.2.4 DELIVERY: The Contractor shall confirm receipt of a purchase order with the accepting agency fleet manager within 10 days of purchase order receipt. The accepting agency shall approve of the delivery date with the Contractor prior to physical delivery. The Contractor will not be held responsible for non-delivery under the following circumstances:

· Strikes and lockouts

· Acts of God - fire, lightning, storms, epidemics

· Riots, insurrections, etc.

3.2.5 NEW VEHICLE ACCEPTANCE: The Contractor will allow the receiving agency five (5) business days following delivery of the vehicle to review and inspect the vehicle before acceptance occurs. If the accepting State agency does not notify the Contractor within five (5) business days, the Contractor may assume that the vehicle is acceptable.

3.2.6 SPECIFICATION COMPLIANCE: If within the above stated “New Vehicle Acceptance” time frame it is discovered that a vehicle is not compliant with the Required Equipment, as specified in this RFB, or the stated Optional Equipment as listed or attached to the agency purchase order; it is the responsibility of the contractor to correct any deficiencies to the satisfaction of the State. All solutions must be agreed upon in writing from the accepting agency and DOA at reche2.house@wisconsin.gov. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in loss of contract award.

3.2.7 DEFECTIVE PRODUCT: If within the above stated “New Vehicle Acceptance” time frame any vehicle determined to not be in operational compliance with the published manufacturer specifications shall be returned and replaced at the Contractor’s expense. The time frame for replacement shall be agreed upon in writing from the accepting agency and DOA at reche2.house@wisconsin.gov. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in loss of contract award.

3.2.8 SUBSTANDARD WORK: Contractor will correct or have corrected any contractor-performed work that is deemed substandard by the State. Such work shall be at no extra cost. The time frame for replacement shall be agreed upon in writing from the accepting agency and DOA at reche2.house@wisconsin.gov. Failure to reach a mutually agreed upon solution within five (5) business days of notice may result in loss of contract award.

3.2.9 TIMELY RESPONSE: Contractor shall respond to any comments or questions from Contract Users within one (1) business day. For all unresolved requests older than two (2) business days, Contractor shall contact the individual(s) with an estimated time that they will receive their answer along with the cause for delay. Contractor shall be responsible for follow-through to ensure that all requests for information are acknowledged and answered.

3.3 POST AWARD MANDATORY SUPPORT REQUIREMENTS

All Post Award Support Requirements are mandatory. Submission of a Bid means the Bidder agrees that they comply with the requirements detailed by the State in this section. Failure to meet a mandatory requirement may result in the cancellation of a Contract Award.

3.3.1 PRODUCTION CUTOFF DATES: Contractor shall notify Rick House reche2.house@wisconsin.gov by email of vehicle production cutoff dates as soon as they are made available.

3.3.2 RECORDKEEPING AND RECORD RETENTION: Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records shall be kept in accordance with generally accepted accounting procedures. All procedures shall be in accordance with federal, state and local ordinances.

Duly authorized representatives of the State, the Wisconsin Legislative Audit Bureau and the Contracting Agency shall have the right to audit, review, examine, copy and transcribe any pertinent records or documents relating to any Contract resulting from the RFB held by the Contractor. The Contractor shall retain all documents applicable to the Contract for a period of not less than 3 years after final payment is made.

3.0 SPECIAL TERMS AND CONDITIONS OF BID

Attachment B: Sample Contract provided as an attachment to this RFB represent the terms and conditions which the State expects to execute in a contract with the successful Bidder. Bidders must accept or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the contract terms and conditions will occur only if the change is in the best interest of the State. Bidders may not submit their own contract document as a substitute for these terms and conditions.

4.0 PRICING STRUCTURE And PRICE SHEET INSTRUCTIONS

4.1 METHOD OF BID

Bidder shall use the Bid Price Sheets (Appendix 1) to submit bid pricing.

4.2 PRICE SHEET INSTRUCTIONS

Bidders shall include all Required Equipment in their bid price as a mandatory requirement of this bid. Bid awards will be based on the lowest, responsive, responsible Bid Price for each Bid Item. Bidder shall provide pricing for the Required and Optional Equipment if available. If no single Bidder is able to provide a specific vehicle configuration, the State reserves the right to delete that configuration from the RFB.

4.3 PRICE DECREASE

In the event the Contractor’s cost to provide vehicles covered by this RFB decrease, it is the Contractor’s responsibility to inform the State, in writing, of the price decrease allowing the State to accurately adjust the contract price of that specific vehicle.

4.4 PRICE INCREASE

In the event the Contractor's cost to provide specific vehicles covered by this RFB increase due to manufacturer's mandated changes, the contract price(s) may, upon submission of written proof of such increase to Rick House at reche2.house@wisconsin.gov, be eligible for an increase. The increase shall be submitted no later than 30 days before the effective date and precisely match the increase in cost to the contractor. The burden of proof for all price increase requests fall solely on the Contractor. The claim for such adjustment shall include a certification from the manufacturer verifying the cost at the time of the award and at the time of the requested increase. The increase will be only for the cost to the Contractor. No increase or change in the Contractor's overhead, profit or other factors will be approved. It is the responsibility of the Contractor to prove no other increase has taken place. The State reserves the right to ask for invoices, published price lists, or any other evidence showing support for the proposed increase.

4.5 MANUFACTURER’S REBATE (INCENTIVES)

In any circumstance during or prior to completion of the contract established by this RFB, whereupon the State becomes eligible to receive a rebate for any vehicle purchased under this contract, it shall be the Contractor’s responsibility to inform the State, in writing, of its qualification for such rebate and to advise the procedures of obtaining such rebates.

4.6 ESTIMATED NUMBER OF VEHICLES

The State does not guarantee the number of orders it will place. Any bids that require a specific quantity or dollar amount will be disqualified. This RFB does not constitute a contractual commitment and purchase orders will be executed by the State agencies and municipalities.

5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on VendorNet.

5.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Any questions concerning this RFB shall be submitted in writing using email (no telephone calls) on or before September 18, 2017 at 2:00 PM, CDT (First Round) or October 2, 2017 at 2:00 PM, CDT (Second Round), to Rick House at reche2.house@wisconsin.gov. If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Department of Administration representative named below of the issue in writing and request modification or clarification of the RFB document.

All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid # 28265-RH and be directed to Rick House.

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 will be posted on VendorNet (http://vendornet.state.wi.us).

From the date of release of this RFB, until a letter of intent to award a Contract is issued, all contacts with State Contract Users, including University of Wisconsin System personnel, excluding that necessary to conduct existing day-to-day business, regarding this RFB shall be made through Rick House in the State Bureau of Procurement’s Division of Enterprise Operations/Department of Administration. Violation of this condition may be considered sufficient cause for automatic disqualification of a Bid.

5.3 NEWS RELEASES

News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of Bids shall not be made without the prior review and written approval of the State. News releases, marketing and advertising pertaining to the Contract resulting from this RFB shall not be made without the prior review and written approval of the State.

5.4 REASONABLE ACCOMMODATIONS

DOA will provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with disabilities upon request. If you need accommodations at a bid opening or vendor conference, contact Rick House at (608)266-8024 or reche2.house@wisconsin.gov.

5.5 VENDORNET REGISTRATION

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that wish to sell commodity and services to the State. By registering on VendorNet, a Bidder may register for a bidders list for any commodity or service the Bidder is interested in providing to the State. VendorNet also provides automatic email notification each time a Procuring State Agency, including University of Wisconsin System campuses, posts a Request for Bid with an estimated value over $50,000 in their designated commodity and or service area(s). Only registered Bidders with a valid email address at the time an RFB is posted will receive email notifications of amendments. Bidders who obtain the RFB from a third party, through the State of Wisconsin Public Notices website or by any other means assume responsibility for checking for updates to the RFB.

5.6 SUBMITTING A BID

Bidders shall submit one (1) original signed hard copy, marked “Original” and one (1) electronic copy, of all materials, including Bid Price Sheets required for acceptance of the bid by October 16, 2017 at 2:00 PM CDT. All Bid Price Sheets must be completed in Microsoft Excel. Electronic bid copies shall be submitted by utilizing a CD or Flash Drive. Any Bid Price Sheets that are hand written or submitted in an alternate format will result in bid rejection.

At the time of the bid the bidder will provide, a CD or Flash Drive for each Bid Item, consisting of a GM Auto-book, PC Car-book, or similar software description of the factory codes and detail descriptions of all required and all optional equipment for the vehicles the bidder proposes to furnish. Vendors must also include in each document the Manufacturer’s Suggested Retail Price (MSRP) of each vehicle bid (cab and chassis). Vehicle bids submitted without manufacturer specification confirmation may be disqualified.

All Bids must be received and time-stamped at the above location no later than October 16, 2017 at 2:00 PM CDT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the Department of Administration Bureau of Procurement Office.

All Bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

BIDDER NAME AND ADDRESS:

RFB: Model Year 2017 Vehicle RFB 28265-RH (RFB Manager – Rick House) RFB DUE DATE AND TIME: June 28, 2017 at 2:00 PM CDT Hand Delivered Bids

The State Bureau of Procurement is located on the 6th Floor within the Department of Administration, at 101 E. Wilson St. in Madison. There is a security checkpoint at the first-floor lobby. All visitors will be required to provide current identification and sign in for a visitor’s pass. Security personnel may call the intended procurement specialist prior to the visitor being allowed to proceed to their destination in the DOA building. This means Bidders must have the procurement specialist’s name to allow the security guard to place a call to the procurement specialist. The Bidder must allow ample time to clear security before reaching the Bureau of Procurement office to obtain the required bid time-stamp.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time.

5.7 FAXED BIDS

Faxed Bids will NOT be accepted.

5.8 EMAILED BIDS

Emailed Bids will NOT be accepted.

5.9 FORMAT OF BID RESPONSE

TAB (A) Request for Bid sheet (DOA-3070): Bids submitted in response to this RFB shall be signed by the person in the Bidder’s organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. By submitting a signed bid, the Bidder’s signatories certify that in connection with this procurement:

· The Bidder’s organization or an agent of the Bidder’s organization has determined the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition,

· The prices quoted in the bid have not been knowingly disclosed by the Bidder’s organization or by any agent of the Bidder’s organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor

· No attempt has been made or will be made by the Bidder’s organization or by any agent of the Bidder’s organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

TAB (B) Bidder Checklist (Attachment A): This checklist ensures compliance with mandatory requirements and assists Bidders with organizing their bid submission. Bidders shall complete, sign and return Attachment A. Any unanswered questions may result in the rejection of the bid.

TAB (C) State of Wisconsin Sample Contract (Attachment B): If Bidder accepts the terms and conditions contained in the sample contract, the Bidder does not need to submit anything for Tab C. If the Bidder does not accept the terms and conditions contained in the sample contract, Bidder must submit point-by-point exceptions along with proposed alternative or additional language for each point in Tab C.

TAB (D) Bidder Information (DOA-3477): Provide Bidder Company contact information as requested on the form.

TAB (E) Bidder Reference (DOA-3478): Bidder shall provide at least four (4) names of private or public organizations that own and operate a fleet with at least 50 total vehicles with which the Bidder has done business within the last three (3) years. The State will determine which, if any references, to contact to assess the quality of the product/service.

TAB (F) Designation of Confidential and Proprietary Information (DOA-3027): Information submitted as part of the bid document which is proprietary and confidential in nature and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records Law – Section 19.36(5), Wis. Stats. Pricing is NOT a trade secret and will not be held confidential by the State.

TAB (G) Vendor Agreement – Wisconsin’s Cooperative Purchasing Services (DOA-3333): Complete the Vendor Agreement form as directed.

TAB (H) Appendix 1 - Bid Price Sheets - Bidders shall provide cost information on vehicles for which they are a manufacturer-authorized dealer. All cost information shall be supplied in the applicable price sheet. Alternate or modified formats/price sheets will result in rejection of bid.

5.10 INCURRING COSTS

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

6.11 MULTIPLE BIDS

Multiple bids from a Bidder are permissible; however each bid shall conform fully to the requirements for bid submission. Each such bid shall be separately submitted, sealed and labeled as Bid #1, Bid #2, etc.

6.0 BID ACCEPTANCE AND AWARD

6.1 BID OPENING

A public Bid opening will be held on October 16, 2017 at 2:05 PM CDT at DOA Building located at 101 East Wilson St, 6th Floor, Madison, WI. Names of the Bidders may be read aloud at that time. Bid prices and contract awards will not be announced at the bid opening.

6.2 BID REVIEW

All Bids will be reviewed by the Department of Administration’s Procurement Manager to ensure compliance with submittal requirements. Department of Administration shall be the sole judge as to Bidders’ compliance with the Bid instructions.

6.3 BID ACCEPTANCE

The State reserves the right to reject bids which do not comply with instructions or are unable to comply with specifications contained in this RFB. The State may request reports on a Bidder’s financial stability and if financial stability is not substantiated may reject a Bidder’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 in this RFB.

6.4 METHOD OF AWARD

Awards will be based on the lowest total, responsive, responsible Bid Price per vehicle, judged to be in the best interest of the State. Bid Options will not be a factor in the award. If no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB. The State also reserves the right to select the bid that most closely meets the requirements specified in this RFB when taking approved alternates into consideration. See Section 3.1.4 for more information on alternates.

6.5 BIDDER REFERENCES/CLIENT LIST

The Bid response must include a completed Bidder Reference Form (DOA-3478) listing at least four (4) names of private or public organizations that own and operate a fleet with at least 50 total vehicles with which the Bidder has done business within the last three (3) years. The State will determine which, if any references, to contact to assess the quality of the product/service. For each organization listed, the Bidder must include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship. The Department of Administration will determine which references to contact in order to assess the quality of the product or service.

6.6 USE OF SUBCONTRACTORS

Subject to approval of the State’s Contract Administrator, Bidders may subcontract any work to be performed under the Contract. Bidder will be responsible for all work done by a subcontractor. Subcontractors shall be eligible to do work in the State of Wisconsin (e.g., not on the Contract Compliance or Wisconsin’s Department of Revenue ineligible lists). The type of information that DOA may request to substantiate the proposed subcontractor’s qualifications include, but are not limited to:

· The amount of experience completing work similar to that required

· References as to the quality of work the proposed subcontractor has provided on past projects

· The extent of available staffing and financial resources of the proposed subcontractor

· The Contractor’s intended method of monitoring the proposed subcontractor’s work

· The level of supervision of the subcontractor’s work which the Contractor will provide any other information regarding the subcontractor’s ability to complete the work

6.7 SUPPLIER DIVERSITY

MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

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

A listing of certified MBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

VETERAN-OWNED BUSINESS

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State contracts.

DISABLED VETERAN-OWNED BUSINESS

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The supplier/contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

WOMAN-OWNED BUSINESS ENTERPRISE

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

6.8 AWARD NOTIFICATION

All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.

7.0 REQUIRED FORMS

The following is a list of forms pertaining to this RFB. An “X” preceding the form indicates that it must be completed and returned with the Bid response.

Please complete any and all required information and submit completed forms with bid response. Any alteration to the format of the Bid forms or Appendices is prohibited and may result in rejection of the Bid.

* If Bidder accepts the terms and conditions contained in the sample contract, the Bidder does not need to submit a copy of the sample contract (Attachment B). If the Bidder does not accept the terms and conditions contained in the sample contract, Bidder must submit point-by-point exceptions along with proposed alternative or additional language for each point.

State of Wisconsin

Division of Enterprise Operations

Department of Administration

State Bureau of Procurement

Request for Bid # 28265-RH

Bidder Checklist Attachment A Instructions: This form shall be completed by marking the check boxes shown below. By marking these boxes, you are acknowledging compliance with these items. Please sign the appropriate forms when submitting your bid.

Have read, completed and signed

Have read, completed and signed

Have read, completed and signed

Have read, completed and signed

Have read, completed and signed

Have read, completed and signed

Have read and understand

Have read and complied with all requirements

Have read and complied with all requirements

Have read and will comply with all requirements

Have read and complied with all requirements

Have read and complied with all requirements

Have read and understand

Have completed and complied with all requirements

Have read and complied with all requirements

Have read and responded as instructed

Omission of any of the above may be cause for rejection of your bid.

Instructions to Bidders for Responding to Contract Terms and Conditions

The Contract provided as an attachment to this RFB represents the terms and conditions the State expects to execute with the successful bidder. Bidders must accept the Contract or submit point-by-point exceptions to the Contract along with proposed changes to the language for each exception. The State in its sole discretion may accept or reject any changes to the Contract proposed by the successful bidder. Bidders may not submit their own contract document as a substitute for the Contract.

Bidders must observe the following when proposing changes to the Contract:

(a) The bidder shall not view the possibility of proposing changes as an opportunity to rewrite the Contract. The bidder shall accept as part of its response to this RFB the terms of the Contract, and suggest changes only if the bidder cannot comply with any particular provision, or if a particular provision would be inconsistent with the bidder’s bid.

(b) It is imperative that the proposed Contract be reviewed at this time by everyone in bidder’s organization whose authorization or approval may be required; that the requested changes fully reflect such review.

(c) The bidder shall not make conceptual or general exceptions that certain sections require additional discussion or negotiation. Any requested changes to the Contract must be specific and fully explained per these instructions.

(d) If the bidder proposes changes to a provision in the Contract, the bidder shall edit the language of the provision by striking out words or inserting words in the text of the provision within the copy of the Contract accompanying this RFB. Any new text and deletions of original text shall be clearly reflected through the use of Microsoft Word’s “Track Changes” function. Bidders shall avoid complete deletion and substitution of entire provisions, unless the deleted provision is rejected in its entirety and substituted with a substantively different provision; wholesale substitutions of provisions shall not be made in lieu of strategic edits required to reflect bidder-requested modifications.

(e) Immediately after a proposed revision, the bidder shall add a concise explanation concerning the reason for the requested revision. Such explanations shall be separate and distinct from the edited text and marked “[Explanation:]” or similar.

(f) If bidder is unwilling to accept a particular provision under any circumstances, such complete rejection shall be indicated by a mark-through of the entire provision using Microsoft Word’s “Track Changes” function. A concise explanation for the rejection shall be included immediately following the deleted provision marked “[Explanation:]” or similar.

(g) All provisions for which no changes are requested shall be assumed accepted by the bidder as written and shall not be subject to further negotiation or change of any kind unless…