RFB 28321-JM Flags.pdf

REQUEST FOR BID

Title: Flags - Statewide

Number: RFB #28321-JM

Issued Date: January 16, 2020 2:00 PM CDT

Responses Due: February 20, 2020 2:00 PM CDT

Flags - Statewide

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Table of Contents

1 RFB_INTRODUCTION AND PURPOSE

1.1 RFB_DEFINITIONS

1.2 RFB_CONTRACT TERM

1.3 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.4 RFB_MODIFICATIONS OF CONTRACT

1.5 RFB_ORDER OF PRECEDENCE

1.6 RFB_COOPERATIVE PURCHASING SERVICES

1.7 RFB_RESPONDING TO BID REQUIREMENTS

2 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

3 RFB_MANDATORY SPECIFICATIONS OF BID

3.1 RFB_TECHNICAL REQUIREMENTS

3.1.1 RFB_COST SHEET SPECIFICATIONS

3.1.2 RFB_CONDITION OF PRODUCT

3.1.3 RFB_AMERICAN MADE PRODUCT

3.1.4 RFB_WISCONSIN STATE FLAG

3.2 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 RFB_PRODUCT CATALOG - HARD COPY AND ONLINE

3.2.2 RFB_INVOICING

3.2.3 RFB-GUARANTEE

4 RFB_SPECIAL TERMS AND CONDITIONS OF BID

4.1 RFB_ORDERS

4.2 RFB_E PROCUREMENT - WISBUY

4.3 RFB_DELIVERY AND SHIPPING REQUIREMENTS

4.4 RFB_DUPLICATES AND OVER SHIPMENTS

4.5 RFB_RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

4.6 RFB_NEW AND DISCONTINUED ITEMS

4.7 RFB_REPORTING

4.8 RFB_BACKGROUND CHECKS

4.9 RFB_PAYMENT TERMS

4.10 RFB_CERTIFICATES OF INSURANCE

4.11 RFB_CANCELLATION AND TERMINATION

4.12 RFP_NEWS RELEASES

5 RFB_COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 RFB_METHOD OF BID

5.2 RFB_FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

5.3 RFB_COST SHEET INSTRUCTIONS

5.4 RFB_REQUESTING PRICE ADJUSTMENTS

6 RFB_BID PROCEDURE AND INSTRUCTIONS

6.1 RFB_CALENDAR OF EVENTS

6.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 RFB_REASONABLE ACCOMMODATIONS

6.4 RFB_WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 RFB_SUBMITTING A BID

6.5.1 RFB_WISCONSIN eSUPPLIER PORTAL SUBMITTAL (Strongly Preferred)

6.5.2 RFB_FORMAT OF BID RESPONSE

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6.6 RFB_HARD COPY BID SUBMITTAL

6.7 RFB_INCURRING COSTS

7 RFB_BID ACCEPTANCE AND AWARD

7.1 RFB_BID OPENING

7.2 RFB_BID REVIEW

7.3 RFB_BID ACCEPTANCE

7.4 RFB_METHOD OF AWARD

7.5 RFB_SAMPLES

7.6 RFB_BIDDER REFERENCES

7.7 RFB_USE OF SUBCONTRACTORS

7.8 RFB_SUPPLIER DIVERSITY

7.8.1 RFB_MINORITY-OWNED BUSINESS ENTERPRISE

7.8.2 RFB_VETERAN-OWNED BUSINESS

7.8.3 RFB_DISABLED VETERAN-OWNED BUSINESS

7.8.4 RFB_WOMAN-OWNED BUSINESS ENTERPRISE

7.9 RFB_DEBARMENT

7.10 RFB_AWARD NOTIFICATION

8 RFB_REQUIRED FORMS

8.1 RFB_DOA 3832

8.2 RFB_BID COST SHEET - ATTACHMENT A

8.3 RFB_CONTRACT TEMPLATE - ATTACHMENT B

1 RFB_INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State intends to purchase.

Reviewing this section will help you determine your ability to meet the Department of Administration's needs.

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1.1 RFB_DEFINITIONS

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

Agency:

an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

Authorized Users:

includes any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Contracts, as established in §§ 16.70 (1b), (1e), (2),

(4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-502 of the State Procurement Manual.

Bid:

a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

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

Commodity:

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

Contract:

the written agreement between the successful Bidder and the State covering the commodities and services to be performed pursuant to this RFB.

Contract Administrator:

the Agency employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contractor: the person or entity that has been

Page 4 28321-JM awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to, the Procuring Agency.

Contract Manager:

the employee of an Agency responsible for

1) resolving contractual matters that cannot be resolved with the Contract Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

Minority Business Enterprise (MBE):

a business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Municipality:

any Wisconsin county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public Contracts (s. 16.70(8), Wis.Stats.).

Notice of (Intent to) Award:

a writing issued by the Procuring Agency notifying all Bidders of the Procuring Agency's intent to award of a Commodity Contract to the successful Bidder(s), or in the case of Services, the Procuring Agency's intent to award a Contract to the successful Bidder(s).

Purchasing Card (p-card):

a charge card issued to an authorized state employee through the Department of Administration, State Bureau of Procurement's Purchasing Card Contract.

Procurement Specialist:

the individual responsible for overseeing and administering the procurement process for a Bid.

Procuring Agency: The State Agency conducting the purchasing transactions

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RFB: Request for Bid

Contractual Services or Services:

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

Specification:

a descriptive statement of the physical, functional and performance characteristics of the commodity or service required by the Procuring Agency. A Specification may be a description of the physical or functional characteristics, or of the nature of a supply. It may include a description of any requirement for inspecting, testing or preparing a supply item for delivery, or the necessary performance criteria. When used throughout this RFB, this term is used interchangeably with the term "requirement".

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1.2 RFB_CONTRACT TERM

This Contract will run for an initial three (3)-year period. The Department of Administration and the Supplier, upon written mutual agreement, may renew the Contract for up to an additional two (2), one (1)-year periods if mutually agreeable to the State and the Supplier, unless terminated. To ensure the delivery of improved services and competitive pricing, to address potential performance issues, changes in technology or industry consolidation, the State reserves the right to negotiate the pricing and terms at the time of contract renewal. The Contract shall be effective on the date it is executed by the Department of Administration. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The original contract term or any renewal period may be extended at the State's request on a month-to-month basis for a period not to exceed six (6) months for the purpose of completing a future solicitation or transition to new Supplier(s). Contract conditions, terms and pricing shall not be modified during such a month-to-month extension.

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

The RFB documents, the awarded Bidder's response as accepted by the Department of Administration and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed. The contract shall be mandatory for all State agencies and the University of Wisconsin System.

1.3 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), Department of Administration (DOA), requests Bids for the purchase of flags, and intends to use the results of this process to award a Contract. The State of Wisconsin, Department of Administration, does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the Contract.

Estimated annual spend by the State is approximately $150,000. Flags and accessories are shipped to end user agencies throughout the State. The Departments of Administration (DOA), Military Affairs (DMA), Natural Resources (DNR), Veteran Affairs (DVA), Transportation (DOT) and Corrections (DOC) are major users of this contract. In addition, many Wisconsin counties and municipalities make use of the contract.

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1.4 RFB_MODIFICATIONS OF CONTRACT

The Contract shall 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 shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5 RFB_ORDER OF PRECEDENCE

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

• Final Signed Contract with clarifications included

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

If the Official Purchase Order serves as the final Contract, in the event of a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Official Purchase Order

• Bid Response as accepted by the State of Wisconsin

• Request for Bid

1.6 RFB_COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Supplier. Where requested by the State, and agreed to by the Supplier(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Department of Administration and the Supplier. The Supplier shall be responsible for confirming the status of potential Municipalities with the Department of Administration and providing appropriate documentation and support and reporting Contract usage by Municipalities. See DOA- 3832, Bidder Required Form, attached to this RFB.

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1.7 RFB_RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Department of Administration 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 of Administration with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the Department of Administration as itemized questions that require an affirmative response from you that you can meet them (i.e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) requirements that you cannot meet, you must check "no" and provide a supplemental document as an attachment to explain.

Failure to meet a qualification will disqualify your 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.

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2 RFB_BIDDER QUALIFICATIONS AND REQUIREMENTS

All Bidder qualifications in this section are mandatory and shall be met at no additional cost above the pricing provided in the Bid. Failure to meet a qualification shall disqualify your Bid. However, the Department of Administration reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

Bidder shall be a flag manufacturer or an authorized distributor or dealer of a flag manufacturer.

Bidder shall have been in business, supplying similar type commodities, for three

(3) years prior to the submittal of this RFB. The DOA reserves the right to conduct a site visit to the Bidder's place of business before the award is made.

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

3 RFB_MANDATORY SPECIFICATIONS OF BID

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

3.1 RFB_TECHNICAL REQUIREMENTS

3.1.1 RFB_COST SHEET SPECIFICATIONS

See Attachment A - Cost Sheet for item specifications.

3.1.2 RFB_CONDITION OF PRODUCT

All items bid and sold shall be new. No used, reconditioned or remanufactured items may be sold on this contract.

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3.1.3 RFB_AMERICAN MADE PRODUCT

United States of America flags sold on this contract shall be American-made. Act 166 requires each building, structure, or facility that is owned or occupied entirely by the agency, authority, or unit shall ensure that each United States flag that is displayed is manufactured in the United States. The Wisconsin State Procurement Manual, PRO-605, defines American-made Materials Policy as follows:

Manufactured in the United States means that materials are manufactured in whole or in substantial part within the United States, or that the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Manufactured means mined, produced, manufactured, fabricated or assembled.

Materials means any goods, supplies, equipment or any other tangible products or materials.

United States Flag specifications shall comply with Federal Executive Order #10834, in addition to Wisconsin Act 166.

SECTION 1. 1.14 of the statutes is created to read:

1.14 Display of flag at public buildings, structures, and facilities. (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 16.97 (7).

(b) "State agency" has the meaning given for "agency" under s. 16.70 (1e).

(c) "State authority" has the meaning given for "authority" under s. 16.70 (2).

(2) Each state agency, state authority, and local governmental unit shall ensure that each United States flag that is displayed at each building, structure, or facility that is owned or occupied entirely by the agency, authority, or unit is manufactured in the United States.

3.1.4 RFB_WISCONSIN STATE FLAG

Wisconsin State Flag specifications shall comply with State Statute 1.08.

(1) The Wisconsin state flag consists of the following features:

1.08(1)(a) Relative dimensions of 2 to 3, hoist to fly.

1.08(1)(b) A background of royal blue cloth.

1.08(1)(c) The state coat of arms, as described under s. 1.07, in material of appropriate colors, applied on each side in the center of the field, of such size that, if placed in a circle whose diameter is equal to 50% of the hoist, those portions farthest from the center of the field would meet, but not cross, the boundary of the circle.

1.08(1)(d) The word "WISCONSIN" in white, capital, condensed Gothic letters, one-eighth of the hoist in height, centered above the coat of arms...

1.08(1)(e) The year "1848" in white, condensed Gothic numbers, one-eighth of the hoist in height, centered below the coat of arms, midway between the lowermost part of the coat of arms and the bottom edge of the flag.

1.08(1)(f) Optional trim on the edges consisting of yellow knotted fringe.

http://docs.legis.wisconsin.gov/2007/related/acts/166.pdf https://doa.wi.gov/ProcurementManual/Pages/PRO-605.aspx http://www.ushistory.org/betsy/more/10834.htm https://docs.legis.wisconsin.gov/statutes/statutes/1/08 http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(b) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(c) http://docs.legis.wisconsin.gov/document/statutes/1.07 http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(d) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(e) http://docs.legis.wisconsin.gov/document/statutes/1.08(1)(f)

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3.2 RFB_PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 RFB_PRODUCT CATALOG - HARD COPY AND ONLINE

Bidder shall have a paper catalog or price list of products and/or an online catalog with pricing, available upon request to authorized end users at no cost. These product listing(s) should include any items listed on Attachment A - Cost Sheet. A copy of the Bidder's catalog, price list and/or link to an online site shall be uploaded to the Bidder's response to this RFB.

3.2.2 RFB_INVOICING

The Supplier shall not invoice service fees or additional costs to authorized end-users. There shall be no additional charges, including but not limited to: minimum order, shipping (except flagpoles and requested rush deliveries), fuel, pallet, energy fees or surcharges added to contract invoices.

Invoices presented for payment shall 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.

3.2.3 RFB-GUARANTEE

Supplier shall guarantee its products to be free from defects in materials and workmanship, given normal use and care, over the manufacturer's warranty period. Supplier shall replace or repair without charge (including shipping) to authorized users any product that proves to be defective within the warranty period.

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4 RFB_SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. However, such negotiations may not affect the method of award, disadvantage another Bidder or affect the scope of the Bid. The Bidder shall not submit its own contract document as a substitute for the State's Special Terms and Conditions.

A Sample Contract has been provided as Sample Contract - Attachment B. The contract specifically incorporates by reference all the mandatory requirements and specifications of the Bid Sections including: Mandatory bid requirements, Conditions specific to this bid and Pricing Structure. Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative 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 terms and conditions will occur only if the change is in the best interest of the State.

As with any contract, once executed, both parties will be expected to meet and perform all of its respective contract obligations. Failure to do so will subject that non-performing part to various contract remedies.

4.1 RFB_ORDERS

Bidder shall have the ability to accept orders via: telephone, fax, and email.

Emergency or rush deliveries requiring special shipping and handling shall be at authorized end-users expense, with prior written (email) approval. Rush delivery that occurs as a result of Supplier's error shall be at no charge to end-user.

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4.2 RFB_E PROCUREMENT - WISBUY

The State of Wisconsin provides an electronic ordering system to Contract Users to view and/or shop from existing Suppliers. WISBuy contains two different ordering sites: one for PCard purchases, referred to as the PCard Marketplace and the second site, which is referred to as eCatalog. eCatalog is integrated with the State's ERP system (PeopleSoft) for payment by Purchase Order. Both sites have similar electronic Supplier catalogs available for users to place orders with a Supplier.

The awarded Supplier(s) agree to:

Enable a hosted or State-hosted catalog within WISBuy based on the contract price file as requested by the State Contract Manager.

• Hosted Catalog

• Supplier(s) will create a profile in the Supplier Portal to maintain a catalog for WISBuy.

• Supplier(s) will provide a list of its awarded products/services and pricing in an electronic data file in an acceptable format.

• Supplier(s) will maintain changes to the price file through the Supplier

Portal.

• State Hosted Catalog

• Supplier(s) will provide a Microsoft Excel spreadsheet containing the awarded price files to the WISBuy Technical Staff.

• The State controls which Contracts appear in WISBuy and may elect at any time to remove or request removal or blocking of any Supplier's catalog items featured on WISBuy.

• WISBuy Price File

• Any revisions to pricing or product/service offerings shall be pre-approved by the Contract Manager.

• Such pricing changes shall be subject to any other applicable Contract restrictions.

• The Catalog shall contain the most current pricing.

• Catalog Content

• Catalogs shall consist of only the awarded contract item(s) within the scope of the contract. All other product offerings shall not be viewable.

• The accuracy of the Catalog must be maintained by the Supplier throughout the duration of the Contract between the Supplier and the State.

• The Catalog shall include detailed product line item descriptions and must include pictures when possible.

• Orders from WISBuy

• The Supplier shall provide positive confirmation via phone or email within 24 hours of the Supplier's receipt of the Purchase Order.

• Supplier must be able to accept orders via cXML, email or secure fax.

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4.3 RFB_DELIVERY AND SHIPPING REQUIREMENTS

Delivery of items on this procurement is required to be made to any location within the State of Wisconsin.

Delivery of product shall be made to end users within 7 days of receipt of order. If product shall take more than 7 days to deliver, vendor shall make end user aware of longer delivery time at receipt of order.

All shipments shall be FOB Destination, Freight Prepaid by Supplier. Supplier is responsible for filing and expediting all freight claims with carrier. NOTE: Flagpoles shall be freight prepaid and added (end-user shall pay shipping) FOB destination. (Supplier is responsible for filing and expediting all freight claims with carrier).

The flags and commodities of this contract shall be packaged in standard containers to ensure acceptance by common or other carriers for safe and secure delivery to end-users. The State of Wisconsin encourages use of recycled or reusable packaging material in all shipments.

4.4 RFB_DUPLICATES AND OVER SHIPMENTS

Upon notification by the Department of Administration of a duplicate or over shipment, goods shall be removed at the Supplier's expense. If such goods are not removed within thirty (30) business days of receipt of written notification from the Department of Administration, the Department of Administration shall dispose of them at its discretion and shall not be held liable for the cost. Supplier shall pay shipping charges and no restocking or return fees are allowed.

4.5 RFB_RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

Upon notification by the Department of Administration of defective or damaged goods, goods shall be removed at the Suppler's expense. Suppler shall provide a Returned Merchandise Authorization (RMA) with pre-paid shipping label. Credit shall be posted to the agency account within thirty (30) days of notification. Supplier shall pay shipping charges and no restocking or return fees are allowed.

If no RMA is provided, and if such goods are not removed within thirty (30) business days of receipt of written notification from the Department of Administration, the Department of Administration shall dispose of them at its discretion and shall not be held liable for the cost.

4.6 RFB_NEW AND DISCONTINUED ITEMS

Supplier shall notify the Department of Administration within thirty (30) days of an item being discontinued. Replacement or substitute items shall have a cost not to exceed the discontinued item.

New items may be added to the contract with prior written approval of the Contract Manager.

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4.7 RFB_REPORTING

Quarterly Reports: Awarded Supplier(s) shall submit a quarterly sales report, due on July 30, October 30, January 30 and April 30, for all contract transactions that took place the previous quarter. Data fields in this report shall include:

State Agency/Institution/Campus Purchases

• State Agency/Institution/Campus name

• Purchase order number/Name

• Product description

• Unit of measure

• Quantity ordered

• Price each

• Extended price

• Total quarterly state spend

Municipality Reporting:

• Municipality (School district, county, city, etc.) name

• Total quarterly spend by municipality

Itemized purchase information (product, price, etc.) is not required for municipal accounts.

4.8 RFB_BACKGROUND CHECKS

Due to the nature of this solicitation, the Department of Administration reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder's ability to perform under the resulting Contract.

The State is the sole determinant of whether the results of a background check(s) will negatively impact the Bidder's ability to meet contractual obligations and requirements.

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4.9 RFB_PAYMENT TERMS

Supplier shall accept payment from authorized end-users by check, electronic funds transfer or with the State's procurement card (P-Card).

Payment shall not be made until the product is determined to meet all specifications, requirements and deliverables and has been accepted by the ordering agency.

The State of Wisconsin normally shall 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. If special payment terms exist, they may be indicated as such on the Cost Sheet - Attachment A.

Invoices presented for payment shall 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.

4.10 RFB_CERTIFICATES OF INSURANCE

Upon request by the State of Wisconsin, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this contract. The insurance policies shall be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the State's contract administrator and the signature of an authorized agent.

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

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4.11 RFB_CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Supplier with thirty (30) calendar days written notice of the Supplier's right to cure a failure of the Supplier to perform under the terms of this Contract. The Supplier may terminate this Contract after providing the State one hundred and twenty (120) calendar days notice of the State's right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days notice to the Supplier, and the Supplier providing at least one hundred and twenty (120) calendar days notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Supplier shall be entitled to receive compensation for any fees owed under the Contract. The Supplier shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Supplier may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within thirty (30) days of written notice to the Supplier requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Supplier:

• Fails to perform any material obligation required under the Contract

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

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

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• Makes an assignment for the benefit of creditors

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

• Incurs a delinquent Wisconsin tax liability

• Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin's Fair Employment Law)

• Becomes a federally debarred Supplier

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

• Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

• Contractor performance threatens the health or safety of a State employee or State customer.

4.12 RFP_NEWS RELEASES

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

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5 RFB_COST STRUCTURE AND COST SHEET

INSTRUCTIONS

• Pricing shall be entered on COST SHEET - ATTACHMENT A, for each item the Bidder is prepared to offer.

• Bidders shall enter: Vendor Part # and Price Each.

• Categories are broken out on tabs in the worksheet as follows: United States Flag, Wisconsin Flag, POW/MIA Flag and Pride Flag.

• Enter your Company name at the top of each Cost Sheet. Please check your computations for accuracy.

5.1 RFB_METHOD OF BID

For each item on Cost Sheet - Attachment A that the Bidder is prepared to provide, the Bidder shall submit a per unit price. Bid prices shall include all packing, freight, markup and insurance charges. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

Bidders may also offer a discount(s) from a complete catalog or price list. The discount will not be factored into the Bid Award. Bidders shall indicate if this is a flat percentage off of additional catalog items or, if different discounts exist, those shall be indicated by item or category. Any discount(s) and pricing bid shall remain firm for the initial term of the contract.

5.2 RFB_FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

Delivery will be made by common carrier or Bidder's vehicle, with unloading to be performed by the carrier or Bidder and carton(s) transported to the interior or ground floor, or inside dock. Bid prices shall include all packing, freight, insurance charges and installation/operation manuals. NOTE: Flagpoles shall be freight prepaid and added (end-user shall pay shipping) FOB destination. (Supplier is responsible for filing and expediting all freight claims with carrier).

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

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5.3 RFB_COST SHEET INSTRUCTIONS

Bidders shall complete the attached Cost Sheet - Attachment A. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

Alternate pricing formats shall not be accepted and may result in disqualification of the bid. Pricing shall remain firm for the initial term of the contract.

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5.4 RFB_REQUESTING PRICE ADJUSTMENTS

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Price increases will not be permitted during the entire intial three (3) year Contract term. Any price increases proposed after the initial Contract term must be submitted in writing to the Contract Administrator a minimum of sixty (60) days before the proposed effective date of the increase. Notice of price increases must be fully documented. Documentation shall include copies of the supplier's notification to the Bidder 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. The State may accept, negotiate or reject any requested price increases. Should the State reject the request for increase, the Supplier may elect to cancel the contract, provided the State is notified in writing ninety (90) days prior to the cancellation date.

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

6 RFB_BID PROCEDURE AND INSTRUCTIONS

6.1 RFB_CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid shall be completed. In the event that the Department of Administration 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 eSupplier.

DATE EVENT

January 16, 2020 Date of Issue of the RFB

January 30, 2020 Date Questions Due

February 6, 2020 Responses to Questions Posted to eSupplier (Estimated)

February 20, 2020 Responses due from Bidders

March 12, 2020 Award Date (Estimated)

April 1, 2020 Contract Start Date

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6.2 RFB_CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by January 30, 2020. If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Department of Administration representative named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact: Please send email to: jeannie.

mccarville2@wisconsin.gov

USPS ADDRESS COMMON CARRIER ADDRESS

Department of Administration Department of Administration

Bureau of Procurement Division of Enterprise Operations

PO Box 7867 101 E. Wilson St., 6th Floor

Madison, WI 53707-7867 Madison, WI 53703-3405

Attn: Jeannie McCarville Attn: Jeannie McCarville

All communication and/or questions on all matters regarding this Bid shall be made in writing or email and refer to Request for Bid # 28321-JM and be directed to Jeannie McCarville.

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 eSupplier.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Jeannie McCarville is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Jeannie McCarville 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 Department of Administration may continue to communicate with the Department of Administration Contract Administrator regarding the performance of that current Contract only.

mailto:jeannie.mccarville2@wisconsin.gov mailto:jeannie.mccarville2@wisconsin.gov

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6.3 RFB_REASONABLE ACCOMMODATIONS

Upon request, the Department of Administration shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at the Bid opening, please contact: Jeannie McCarville, 608-264-9590, jeannie.

mccarville2@wisconsin.gov.

6.4 RFB_WISCONSIN eSUPPLIER PORTAL REGISTRATION

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 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 https:

//esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST 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 bid 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 bids valued at $50,000 or less.

Bidders also may receive e-mail notices of these simplified bid opportunities.

mailto:jeannie.mccarville2@wisconsin.gov mailto:jeannie.mccarville2@wisconsin.gov https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST

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6.5 RFB_SUBMITTING A BID

6.5.1 RFB_WISCONSIN eSUPPLIER PORTAL SUBMITTAL (Strongly Preferred)

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this event. The State has developed questions that you will be prompted with online to guide your electronic response to the RFB. If you respond electronically, you do not need to submit a mailed copy of any materials unless you are directed to do so elsewhere in the bid document.

Please note, Bidders must click "Submit" in the Wisconsin eSupplier Portal to have their Bid received. Only clicking "Save" does not submit the Bid response; therefore, it shall not be received or reviewed.

Certain requirements, qualifications and Specifications shall be presented as itemized questions that require an affirmative response from the Bidder that indicate these can be met (i.e. "yes/no" prompt; drop down menu; required attachment). Other requirements may be presented in a grouped manner (e.g. "Does your company meet requirements 2.1-2.8"). For any (itemized or grouped) requirements that cannot be met, a "no" shall be checked and a supplemental document shall be provided as an attachment to explain.

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6.5.2 RFB_FORMAT OF BID RESPONSE

Bidders responding to this RFB outside of the Wisconsin eSupplier Portal shall comply with the following format requirements:

Bidder Required Form: Include the signed, required form DOA-3832 with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB shall be signed by the person in the Supplier's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed bid, the Supplier's signatories certify that in connection with this procurement: (a) the Supplier's organization or an agent of the Supplier's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the Supplier's organization or by any agent of the Supplier's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the Supplier's organization or by any agent of the Supplier's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

Additional Information: Include all additional information that shall be essential to an understanding of the bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.

Cost Information: Provide price information on the Cost Sheet - Attachment A, included in this RFB. If submitting the bid through eSupplier, when the Cost Sheet is complete, an electronic copy using the Excel spreadsheet provided may be uploaded for submittal. If submitting the bid as a hard copy document, please provide an electronic copy using the Excel spreadsheet provided, saved to a flash drive and enclosed with the hard copy document. Failure to submit a Cost Sheet shall disqualify a bid.

All prices for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this bid. Any alteration of the bid forms or appendices is prohibited and will result in rejection of the bid unless instructed to do so by the Contract Manager. Multiple bids

Page 26 28321-JM from a bidder shall not be permissible.

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6.6 RFB_HARD COPY BID SUBMITTAL

Bidders still have the option to mail or otherwise provide a hard copy bid when responding to this RFB. If your company elects to do so (instead of the electronic bid option described above), Bidders shall submit an original signed Bid, marked as stated below, and ONE (1) hard copy AND one (1) electronic copy of all materials required for acceptance of their Bid by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

Department of Administration Department of Administration

Bureau of Procurement Division of Enterprise Operations

PO Box 7867 101 E. Wilson St., 6th Floor

Madison, WI 53707-7867 Madison, WI 53703-3405

Attn: Jeannie McCarville Attn: Jeannie McCarville

All Bids shall be received and time-stamped at the above location no later than February 20, 2020, 2:00 PM CT. 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 State Bureau of Procurement.

All Bids shall 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 (Your name and address)

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RFB TITLE: Flags

RFB NUMBER: RFB #28321-JM

RFB DUE DATE AND TIME: February 20, 2020, 2:00 PM CT

Hand Delivered Bids:

The Department of Administration, at 101 E. Wilson St. in Madison, has building security policies and procedures. There is a security checkpoint at the first floor lobby.

All visitors shall be required to provide current identification and sign in for a visitor's pass. Security personnel shall call the intended Procurement Specialist prior to the visitor being allowed to proceed to their destination in the DOA building. This means Bidders shall have the Procurement Specialist's name to allow the Security Guard to place a call to the Procurement Specialist. The Bidder shall 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. Hard copy (paper) bids will still be allowed in response to the Portal's sourcing events. However, the State has no liability for errors made in inputting any information submitted via a paper bid.

6.7 RFB_INCURRING COSTS

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

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7 RFB_BID ACCEPTANCE AND AWARD

7.1 RFB_BID OPENING

A public Bid opening will be held on February 20, 2020 at 2:00 PM CST at 101 E.

Wilson St., 6th floor, Madison, Wisconsin. The names of all Bidders may be read aloud at that time.

7.2 RFB_BID REVIEW

All Bids will be reviewed by the Department of Administration's Procurement Manager to ensure compliance with submittal requirements. The Department of Administration shall be the sole judge as to Bidders' compliance with the Bid instructions. This verification may include requesting reports on the Bidder's financial stability.

7.3 RFB_BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications shall be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. The Department of Administration in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if 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.

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7.4 RFB_METHOD OF AWARD

The Bid Award(s) will be made on the basis of the lowest price, responsive, responsible Bidder. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The State intends to award to one Primary Supplier and one Secondary Supplier in order to ensure adequate coverage for the entire State. The Primary Supplier will be the Bidder with the lowest total price of each item listed under a particular flag type: United States, Wisconsin, POW/MIA and Pride. The Secondary Supplier will be the Bidder with the second lowest total price of each item listed under a particular flag type: United States, Wisconsin, POW/MIA and Pride. DOA reserves the right to award to a single Primary Bidder or a Primary and a Secondary Bidder, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

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7.5 RFB_SAMPLES

Bidder shall submit three (3) samples of each flag requested at no cost to the Department of Administration in order to verify product compliance with the Bid Specifications. Bidders shall ship to the Bureau of Procurement, at no cost, six (6) flags total (three (3) 3' x 5' nylon U.S. Flags and three (3) 3" x 5" nylon Wisconsin Flags).

Samples shall be clearly labeled as "sample" and shall be identified with the Bidder's name, the RFB number, due date and Bid Item number.

Samples shall be delivered no later than 2:00 PM CST on February 20, 2020 to:

Department of Administration Bureau of Procurement

101 E. Wilson St.

Madison, WI 53703-3405

Attn: Jeannie McCarville

All samples provided by the Bidder will be reviewed by the Department of Administration in an identical manner in order to verify product compliance with the Bid Specifications. If the furnished flags meet the required criteria for specifications and quality (as evaluated by members of the Department of Veterans Affairs Military Honors Program), these flags shall become the property of…