RFB 28325-JM FINAL.pdf

REQUEST FOR BID

Title: Security Guard Services - Statewide

Number: #28325-JM

Issued Date: February 5, 2020 2:00PM CST

Responses Due: March 12, 2020 4:00PM CST

Security Guard Services - Statewide

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Table of Contents

1 RFB_INTRODUCTION AND PURPOSE

1.1 RFB_DEFINITIONS

1.2 RFB_PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 RFB_GENERAL INFORMATION

1.2.2 RFB_SECURITY GUARD CLASSIFICATIONS

1.2.3 REGIONS

1.3 RFB_CONTRACT TERM

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

2.1 2.2 2.3 2.4

3 RFB_MANDATORY SPECIFICATIONS OF BID

3.1 RFB_TECHNICAL REQUIREMENTS - GENERAL

3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7 3.1.8 3.1.9 3.1.10

3.2 RFB_TECHNICAL REQUIREMENTS - SUPPLIER

3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3.2.11 3.2.12 3.2.13 3.2.14 3.2.15 3.2.16

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3.2.17 3.2.18 3.2.19 3.2.20 3.2.21 3.2.22 3.2.23 3.2.24 3.2.25 3.2.26

3.3 RFB_TECHNICAL REQUIREMENTS - SUPPLIER EMPLOYEE (ASSIGNED GUARD)..24

3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.9 3.3.10 3.3.11

3.4 RFB_TECHNICAL REQUIREMENTS - AUTHORIZED USERS AND STATE OF

WISCONSIN

3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 3.4.6

4 RFB_SPECIAL TERMS AND CONDITIONS OF BID

4.1 RFB_ORDERS

4.2 RFB_INVOICES

4.3 RFB_REPORTING

4.4 RFB_QUALITY ASSURANCE

4.5 RFB_PERFORMANCE MEETINGS

4.6 RFB_PRICING

4.6.1 4.6.2 4.6.3 4.6.4 4.6.5 4.6.6

4.7 RFB_CERTIFICATES OF INSURANCE

4.8 RFB_ACCESS TO SECURE FACILITIES

4.9 RFB_CANCELLATION AND TERMINATION

5 RFB_PRICING STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 RFB_METHOD OF BID

5.2 RFB_PRICE SHEET INSTRUCTIONS

5.3 RFB_REQUESTING PRICE ADJUSTMENTS

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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_HARD COPY BID SUBMITTAL

6.6 RFB_FORMAT OF BID RESPONSE

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_BIDDER REFERENCES

7.6 RFB_USE OF SUBCONTRACTORS

7.7 RFB_SUPPLIER DIVERSITY

7.7.1 RFB_MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 RFB_VETERAN-OWNED BUSINESS

7.7.3 RFB_DISABLED VETERAN-OWNED BUSINESS

7.7.4 RFB_WOMAN-OWNED BUSINESS ENTERPRISE

7.8 RFB_DEBARMENT

7.9 RFB_AWARD NOTIFICATION

7.10 RFB_PROTEST AND APPEALS PROCESS

7.10.1 RFB_PROTESTS

7.10.2 RFB_APPEALS

8 RFB_REQUIRED FORMS

8.1 RFB_DOA-3832 BIDDER REQUIRED FORM

8.2 RFB_PRICE SHEET - ATTACHMENT A

8.3 RFB_CONTRACT TEMPLATE FOR SERVICES - ATTACHMENT D

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 needs of the State of Wisconsin and the Department of Administration.

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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.

Assigned Guard:

The Supplier(s) employee(s) assigned to a State Facility to perform security guard services.

Authority:

A body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 231, 232, 233, 234, 235, 237 or 279.

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.

Capitol Police (Division of Capitol Police, DCP):

Department of Administration, Division of Capitol Police (DCP) has jurisdiction throughout the State of Wisconsin to oversee the needs and implementation of security guard services for state facilities. Authorized Users must contact DCP for a security assessment prior to contracting for security services (PRO 512 of the State Procurement Manual).

Commodity: a tangible article of trade or item of

Page 5 28325-JM 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 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.

License: Individual and Bidder:

Contractor and Security Guards shall be licensed by the Wisconsin Department of Safety and Professional Services as described in Wis. Stat. § 440.26

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

Page 6 28325-JM 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

Regular Hourly Billing Rates:

The Hourly rates submitted in this RFB and subsequent Contract Billing Rate sheet (distinguished from overtime rates).

RFB: Request for Bid

Contractual Services or Services:

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

Statement of Work (SOW):

Template provided to be used between Supplier and Authorized User to assign duties, hours, uniform, training and other specific needs of the Authorized User location. See Attachment C.

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

Page 7 28325-JM 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_PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State) as represented by its Department of Administration (DOA), State Bureau of Procurement (Bureau) requests Bids for the purchase of Security Guard Services - Unarmed & Armed, at State facilities throughout eight (8) regions in the State, and intends to use the results of this process to award a Contract. The State 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.

This Request for Bid (RFB) document is designed to provide interested parties with sufficient information to submit a Bid for Security Guard Services within eight (8) regions in the state.

Bidders may bid on hourly rates for one, two, or all three classifications of security guard services within one, two or more, or all eight (8) regions defined in the RFB. Bidders must be able to provide services in the entire region(s) on which they bid. See Section 1.2.3 for a Region Map and Attachment B for Classification Descriptions of Security Guard Services.

The Contract(s) resulting from this solicitation, if any, will increase efficiency for state agencies and Authorized Users by providing a price schedule for Security Guard Services and establishing standard requirements for Security Guards contracted throughout the State. It is the intent of the State to award to multiple bidders however, the State reserves the right to award the entire contract to a single bidder. This RFB and subsequent contract does not estimate nor guarantee any level of business or minimum spend. The Contract(s) shall be mandatory for use by state agencies and available as optional for UW Campuses and Municipalities.

The State presumes that the majority of the work performed through this contract will be for Unarmed Security Guard Services. Currently, the use of contracted armed security guards is uncommon but, the need for such service may increase at any time during the life of the Contract(s).

State agency end users who have identified a new security need shall contact Department of Administration, Division of Capitol Police (DCP) prior to contracting for Security Guard Services.

See Section 3.4.1 of this document and the State of Wisconsin Procurement Manual (PRO 512) for more information.

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1.2.1 RFB_GENERAL INFORMATION

The scope of this procurement and subsequent Contract(s) shall include Security Guard Services to be provided at various State and municipal buildings and office locations throughout the State. The State has defined specifications for three (3) classifications of Armed and Unarmed guards for which bidders shall submit hourly rates by region (Attachment B, Classification Descriptions).

Security Guards assigned through the resulting Contract(s) will be responsible for maintaining security and protecting property and/or persons at a state facility. This will include assigned stations and/or patrol of State owned or leased buildings and immediate grounds to protect against trespass, vandalism, fire, theft, property damage and other hazards or, enforce parking regulations at State owned or leased property or facilities.

The State may add, change, or remove locations or schedules, as needed during the course of this contract, based on changes in need unknown at the time of this bid. Supplier(s) hourly rates may not be increased as a result of those additions or deletions.

Authorized Users may have more than one location and in different regions of the state. Some Authorized Users may require 24/7 on-site guard presence, others need coverage only during regular business hours. Still, others may only require services on weekends or during unique events. Orders will be placed via Purchase Orders or credit card orders directly from the Authorized User. Specific Statement of Work and list of required duties will be provided by the Authorized User.

For reference, FY18 contract spend totaled $469,037.09 and reported hours totaled 16,294.75.

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1.2.2 RFB_SECURITY GUARD CLASSIFICATIONS

The State requests bids for hourly rates for three (3) classification levels of security guard service:

Security Guard I - Unarmed, minimum of six (6) months security guard service experience required.

Security Guard II - Unarmed advanced and/or higher risk security guard service, minimum of two (2) years security guard service experience required.

Security Guard III - Armed, high risk security guard service, minimum of three (3) years armed security guard experience required.

See Attachment B, Classification Descriptions for additional information, sample duties and general description for each classification. See Section 3.0 for all mandatory requirements.

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1.2.3 REGIONS

For the purpose of this RFB, the state has been divided into eight (8) regions along county lines.

Bidders must be able to provide Security Guards to any Authorized User location in all counties within the region and category for which they submit pricing.

Region Counties

1-Madison Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Lafayette, Rock, Sauk

2-Waukesha Fond du Lac, Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, Waukesha

3-Green Bay Brown, Calumet, Door, Kewaunee, Manitowoc, Marinette, Menomonee, Oconto, Outagamie, Shawano, Sheboygan, Winnebago

4-Wisconsin Rapids Adams, Green Lake, Juneau, Marathon, Marquette, Portage, Waupaca, Waushara, Wood

5-La Crosse Buffalo, Crawford, Jackson, La Crosse, Monroe, Richland, Trempealeau, Vernon

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6-Eau Claire Chippewa, Clark, Dunn, Eau Claire, Pepin, Pierce, St. Croix, Taylor

7-Rhinelander Florence, Forest, Iron, Langlade, Lincoln, Oneida, Price, Vilas

8-Superior Ashland, Barron, Bayfield, Burnett, Douglas, Polk, Rusk, Sawyer, Washburn

1.3 RFB_CONTRACT TERM

This Contract will run for an initial two (2) year period. The State of Wisconsin and the Supplier(s), upon written mutual agreement, may renew the Contract for up to an additional three (3), one (1) year periods. The Contract shall be effective on the date it is executed by the State of Wisconsin. 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.

The RFB documents, the awarded Bidder's response as accepted by the State and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

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. The State reserves the right to add or delete classifications of Security Guard services during the contract term to meet the needs of the State.

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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 State, 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 (and appendices)

A sample State of Wisconsin Service Contract has been attached to this RFB. It represents the terms and conditions the State expects to execute with the successful bidder(s). See Attachment D, Sample Contract.

1.6 RFB_COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Supplier(s). 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 State of Wisconsin and the Supplier(s). The Contractor shall be responsible for confirming the status of potential Municipalities with the State of Wisconsin and providing appropriate documentation and support and reporting Contract usage by Municipalities. See Bidder Required Form, DOA-3832, 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 State of Wisconsin 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 State of Wisconsin with these qualifications by submitting appropriate or supporting documentation.

Certain qualifications/Specifications will be presented by the State of Wisconsin 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.

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 will disqualify your Bid. However, the State of Wisconsin reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

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

2.1

Bidder shall be in the business of providing security guard services and shall have done so for at least the past three (3) years.

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2.2

Bidder shall be licensed to operate a business to provide security guard services in the State of Wisconsin.

2.3

Bidder shall be able to provide security guard services to any and all State locations, in any and all counties, within the region(s) for which they submit a bid response.

2.4

Bidder shall designate a person(s) to provide information on: Contract Problems, Contract Renewal/Cancellation, Invoice Information, Ordering Service, Supplier Diversity, Affirmative Action and Sales Representative. See Bidder Required Form, DOA-3832, attached to this RFB.

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 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 the RFB.

3.1 RFB_TECHNICAL REQUIREMENTS - GENERAL

3.1.1

The Supplier(s) shall comply with all applicable state and federal laws and regulations governing this contract.

3.1.2

Supplier(s) shall be and will remain an independent Contractor with respect to all services performed under the Contract. Supplier(s) shall accept full and exclusive liability for the payment of any and all contributions of taxes for social security, worker's compensation insurance, Medicare, unemployment insurance, retirement benefits, pensions or annuities, now or hereafter imposed under any state or federal law, salaries or other remuneration paid to persons hired, including deposits of income tax withholding amount due, and it agrees to indemnify and save harmless the State from any claims for contributions, taxes or liability thereof.

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3.1.3

Supplier(s) and their employees shall comply with all federal, state and local laws regarding working conditions, hours of employment, overtime regulation and methods of payment.

Supplier(s) and their employees shall perform work in compliance with all applicable federal, state and local laws, codes and regulations including, but not limited to, the Civil Rights Act, the Americans with Disabilities Act, the Occupational Safety and Health Act and the Family and Medical Leave Act.

3.1.4

Supplier(s) shall be financially responsible for obtaining all required permits, licenses, and bonds to comply with requirements of this Bid and resulting Contract and pertinent municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

3.1.5

All persons performing work hereunder shall at all times be recognized as the Supplier's employees and work under the Supplier's control and supervision. Supplier's employees shall not be deemed employees of the State for any purpose and shall not acquire any rights or benefits provided for employees of the State. However, the Supplier's supervisors shall, in the performance of services in this Contract, comply with the written or verbal instructions received from the Authorized User. Supervisors shall then be directly responsible for transmitting this information to the Supplier's employees.

3.1.6

Supplier(s) and/or subcontractors, as well as employees of said Supplier(s) and/or subcontractors, shall keep all documents and information provided by the State strictly confidential. Authorized Users may require signed non-disclosure agreements.

3.1.7

Neither the State nor the Supplier(s) shall actively recruit any employee of the other party performing any of the services within the scope of this Contract.

3.1.8

The State reserves the right of an Authorized User to change Supplier(s) at any time pursuant to conditions of this Contract. Supplier(s) shall agree to continue providing service during any transition period. Supplier(s) shall agree to assist the Authorized User with the transition planning to a different Supplier.

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3.1.9

Supplier(s) shall be responsible for all state and federal unemployment compensation, workers' compensation insurance, general liability insurance, auto liability insurance, and professional liability insurance in accordance with State Procurement Manual PRO-607.

The following are the minimum insurance limits:

Workers Compensation (WC): Required for all Contracts - NO EXEMPTIONS

Commercial General Liability (CGL):

$1,000,000 each occurrence ($2,000,000 if providing Level 3 Security Officers)

General Aggregate including: Products and Completed Operations

$2,000,000 ($4,000,000 if providing Level 3 Security Officers)

Automobile Liability: Combined Single Limit $1,000,000

Professional Liability Insurance $1,000,000 each occurrence

Umbrella/Excess Liability insurance is acceptable to meet the above minimum insurance limits.

Additional Insured: The Supplier(s) shall add the "State of Wisconsin, its officers, employees and agents" as an additional insured under the commercial general and automobile liability policies. All policies must be issued with a thirty (30) day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A-, and signed by an authorized agent.

3.1.10

The Supplier(s) shall pay for any loss resulting from any dishonest or criminal act committed by its employees.

3.2 RFB_TECHNICAL REQUIREMENTS - SUPPLIER

3.2.1

Supplier(s) and Assigned Guards shall be licensed by the Wisconsin Department of Safety and Professional Services as described in Wis. Stat. § 440.26. Supplier(s) shall provide proof of security permits for all personnel that will provide services under this Contract within five (5) days of request.

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3.2.2

Supplier(s) shall designate a primary representative to provide on-going communication, coordinate service with the Assigned Guard(s), answer Authorized User questions and expedite service. Primary representative shall be available to Authorized Users Monday through Friday 7:

30 am - 5:00 pm.

3.2.3

At least one Customer Service Representative shall be available by phone on a 24 hour per day/365 days per year basis to respond to urgent inquiries related to the status of an Assigned Guard(s). Customer Service Representatives shall have access to information to provide immediate response to inquiries concerning the status of an Assigned Guard(s), contract compliance, requirements and general service information. Representatives shall also be available by email for less urgent matters.

3.2.4

Each Authorized User shall be responsible for placing its own orders, which may be accomplished by written purchase order, telephone, fax or, computer online systems. Supplier

(s) shall assume the cost of setting up, maintaining and providing any necessary user training on supplier's order systems or databases.

3.2.5

Unless otherwise specified, the Supplier(s) shall respond to all communications no later than the next business day. Unless otherwise specified, Supplier(s) must have no more than sixty (60) minutes response time to any location within the Contract region or to a site served by the Supplier(s) in the event replacement security guards are required.

3.2.6

Supplier(s) shall provide an adequate number of persons to cover the hours required at Regular Hourly Billing Rates. Supplier(s) shall invoice Authorized User only for hours actually worked by the Assigned Guard(s), prorated to the quarter hour.

3.2.7

Assigned Guard(s) shall not work overtime unless approved in writing by the Authorized User. If an Authorized User requires additional time for unforeseen circumstances, the Supplier(s) shall invoice at the over-time rate only for additional hours actually worked and prorated to the quarter hour.

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3.2.8

The Supplier(s) shall ensure Assigned Guard(s) are provided with breaks and a mid-shift meal break, when required by law, by providing uninterrupted, alternative coverage of the Security Post. At no time will a Security Post be left unattended.

3.2.9

Supplier(s) shall ensure Assigned Guard(s) have not been scheduled for a security shift for at least eight (8) hours prior to reporting to the Authorized User's facility.

3.2.10

A standard list of Supplier(s) employees shall be developed to include current records of licensing, training, results of background checks and drug screening, and all pertinent information shall be verified prior to services rendered. This list shall be updated as necessary, at a minimum every quarter, during the term of the Contract. Supplier(s) shall provide this list to the Contract Manager on the following dates of any given calendar year: March 30, June 30, September 30 and December 30. Supplier(s) shall make this list available to the Authorized User upon request.

3.2.10.1

Supplier(s) shall have one designated contact who will work jointly with the Authorized User and Capitol Police to assign Security Guards and to develop staffing models, training, schedule and other functions of the job. This individual shall have no less than three (3) years experience working facilities security and will have an established background in leadership and staff development.

3.2.10.2

Supplier(s) shall have at least one shift supervisor who will work with the Authorized User and the Assigned Guard(s) to ensure the needs of the facility are being met. The Supervisor shall be available to the Assigned Guard(s) and Authorized User whenever needed and shall make contact with the Assigned Guard(s) at least once per shift. The Supervisor shall make a site visit at each location at least once per week. This individual shall have at least two (2) years experience working facilities security.

3.2.10.3

Supplier(s) shall assign guards that are courteous and professional to provide services under this Contract. Assigned Guard(s) at State facilities shall maintain a professional demeanor at all times.

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3.2.10.4

Supplier(s) shall stress the vast importance of customer service and not tolerate any resistance to staffing models or decisions made by the Authorized User. Supplier(s) shall reassign any employee after notification by the State that such employee has engaged in unacceptable behavior.

3.2.10.5

Supplier(s) shall assign guards who are qualified and competent to perform the functions of the assignments, in accord with the facility descriptions and who have appropriate preparation, physical abilities, disposition and training for security assignments as new orders are placed.

Supplier(s) shall pre-screen and test staff, where appropriate, to ensure that it assigns only those individuals who have the experience and abilities required of the assignment.

3.2.10.6

Supplier(s) shall assign only individuals who are able to read and accept verbal instruction in English and who shall accept instruction to perform work as directed.

3.2.10.7

The Supplier(s) shall agree that all personnel performing service under this Contract shall be employees of the Supplier(s), who has the sole and exclusive right to hire and discharge any employees, and shall be solely responsible for all actions and functions to be carried out by its employees.

3.2.11

The Supplier(s) shall conform to all OSHA, State, County and City regulations while performing under the terms and conditions of this Contract. Precautions shall be exercised at all times for the protection of persons and property. Supplier(s) agree to defend, indemnify and hold harmless the State, its officers, directors and employees for any claims, suits or proceedings alleging a breach of this warranty.

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3.2.12

A background check is performed annually as a condition of the required individual license as described in Wis. Stat. § 440.26. In addition to licensing requirements, a more stringent background check or investigation may be required for locations with exposure to staff, customers, residents or others considered at risk or defenseless including, but not limited to:

children and families, patients of a mental institution, inmates of a correctional institution and residents of a Veteran's home. If an Authorized User requires additional background checks, Supplier(s) shall comply with the requirements at no cost to the State.

Criminal History shall be evaluated and disclosed to the Authorized User Representative when assigning a guard to a Location. The Authorized User shall have the right to determine if an existing criminal history disqualifies a referred security guard. Supplier(s) shall not assign guards to locations where the contents of any criminal history may be contradictory to the mission of the Location. For example, Security Guards assigned to work at Department of Children and Families shall not have any felony, misdemeanor, or other offense such as child abuse or domestic violence.

3.2.13

If a Supplier's employee becomes the subject of an investigation, is charged with or convicted of a crime while performing an assignment for the Authorized User, the Supplier(s) shall notify the Authorized user within one (1) business day of the beginning of the investigation, the charge or the conviction.

3.2.14

If the Authorized User is dissatisfied with the performance of the Supplier's staff at any time, the Supplier(s) shall replace the individual with another qualified individual for the assignment within twenty-four (24) hours, while providing uninterrupted service to the Authorized User. The Authorized User's request for another individual is not a recommendation to the Supplier(s) to dismiss the individual. Supplier's failure to replace the Supplier's employee within twenty-four

(24) hours will result in the assessment of further action up to and including potential contract termination.

Central management of Assigned Guards for Authorized Users for the State shall fall under the duties of the Deputy Director of Continuity of Government. Authorized Users shall report unsatisfactory performance to the Deputy Director for further follow up with the appropriate Supplier(s).

Once an Authorized User has designated Assigned Guard(s) as unsatisfactory and has taken action to have the Assigned Guard(s) replaced, the unsatisfactory Assigned Guard(s) shall not be scheduled by the Supplier(s) to work at Authorized User facilities for the State.

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3.2.15

Supplier(s) must certify in writing that each security guard assigned under this contract has passed a drug-screening test annually. Supplier(s) must ensure that all applicable laws and regulations have been complied with and all requirements met. All costs associated with substance testing or screening are the responsibility of the Supplier(s).

3.2.16

Supplier(s) shall provide to the Deputy Director a weekly schedule for all Assigned Guards for all Authorized Users no later than two (2) weeks prior to the start of that scheduled week. Any amendments to the schedule shall be communicated as soon as possible by the Supplier(s) to the Deputy Director.

3.2.17

Supplier(s) shall be responsible for schedule consistency specific to Assigned Guard(s).

When Assigned Guard(s) has/have been placed at an Authorized User's facility, that specific guard or guards shall be scheduled at that location at least three (3) days a week.

3.2.18

Supplier(s) shall be responsible for ensuring security guard services are provided per the terms of the Contract and needs of the Authorized User. In cases of illness, vacation or other absence, Supplier(s) shall provide substitute personnel who meet the requirements of the Authorized User. Under no circumstance shall an Authorized End User Location be without security guard services for more than one hour.

3.2.19

Supplier(s) shall provide Assigned Guards with complete and professional uniforms and all Supplier(s) employees shall wear their uniforms at all times while performing work under the Contract. Uniforms shall conform to the following standards: matching or tastefully contrasting slacks/cargo pants and shirt/polo/blouse/sweater, consistent with modern law enforcement style and standards. A duty belt may be used to carry security equipment or accessories.

3.2.19.1

Authorized User shall specify on the Statement of Work the type of uniform required at their location.

3.2.19.2

The name of the Supplier(s), the word "Security" and the last name of the security guard shall appear on the outermost garment of the uniform. The name of the Supplier(s) and the word "Security" shall be of a size, style, shape, design and type clearly visible by a reasonable person under normal conditions.

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3.2.19.3

Tactical uniforms and tactical equipment shall not be worn.

3.2.19.4

Should Authorized User require an un-uniformed guard, dress code and name badge requirements will be established by the Authorized User.

3.2.20

Vehicles used for patrol purposes shall be owned (or leased), licensed and insured by the Supplier(s). Vehicles shall display the Supplier's Company name and are to be kept clean and well maintained.

3.2.21

Supplier(s) shall provide equipment and accessories related to the provision of Security Guard Services, including but not limited to, a flashlight and radio. All equipment shall be operated and maintained in a safe and responsible manner.

3.2.22

Equipment owned by the State of Wisconsin and used by an Assigned Guard(s) to perform the assigned duties shall be maintained in a safe and operative manner. State property such as computers, telephone, alarm systems and visitor management systems shall be used as directed by the Authorized User.

3.2.23

The State does not provide firearms or weapons. When Armed Security Guard Services are required, weapons shall be provided by the Supplier(s) or owned by the Assigned Guard(s).

3.2.24

When Armed Security Guard Services are required, firearms carried by Assigned Guard(s) shall be limited to handguns only, revolver or semi-automatic. Caliber shall be between .38 ACP and .

45 ACP. Rifles or shotguns of any type or caliber shall not be carried by Assigned Guard(s).

Fully automatic firearms shall not be carried by Assigned Guard(s).

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3.2.25

With approval by Capitol Police and Authorized User, Assigned Guard(s) may carry an expandable or solid baton, Oleoresin Capsicum (O.C.) or Pepper Spray of 10% concentration or less, no smaller than 15 grams or larger than 60 grams or, a stun gun. Assigned Guard(s) shall have training and certification as required by law for each non-lethal weapon carried. Assigned Guard(s) shall not possess illegal knives or edged throwing weapons.

3.2.26

When unarmed security guard service is required, assigned guard shall not possess any type of firearm.

3.3 RFB_TECHNICAL REQUIREMENTS - SUPPLIER EMPLOYEE (ASSIGNED

GUARD)

3.3.1

All Supplier's employees shall act in accordance with the rules of their employer and those of the Authorized User. Rules and policies of the Authorized User will be available to the Supplier

(s) at the time of the hire of security guard services.

3.3.2

Assigned Guard(s) shall be individually licensed by the Wisconsin Department of Safety and Professional Services as described in Wis. Stat. § 440.26. Assigned Guard(s) shall be licensed before the time of hire by the Authorized User.

3.3.3

Assigned Guard(s) shall report to their station at the start time of their shift. If at any time Assigned Guard(s) will be late, they must contact the Authorized User Representative as described in the Statement of Work. Assigned Guard(s) shall not clock in to start their workday prior to arriving to the Authorized User's location.

3.3.4

The use of tobacco products, e-cigarettes or vaping at state facilities and on state grounds is prohibited unless otherwise indicated. Disregarding the facilities' policies concerning the use of tobacco products may result in a fine and immediate expulsion of the offending Supplier(s) employee from the facility.

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3.3.5

No Supplier(s) employees shall use controlled substances and/or alcohol eight (8) hours prior to or during an assignment, nor shall they be under the influence of such substances and/or alcohol while on the job, except when under the direction and care of a healthcare professional licensed to prescribe controlled substances. Use of non-prescription over-the-counter (OTC) remedies (examples: pain medications, cold/flu/allergy medications, cough syrup) are allowed as long as there is no reduction or incapacity of duty capability.

If the employee shows evidence of use of controlled substances, alcohol or other incapacitating substance, a voluntary drug-screening/alcohol test will be performed at the cost of the Supplier (s). If the employee refuses the test, the Authorized User has the right to refuse the Supplier(s) employee the right to remain on the premises and/or prohibit the Supplier(s) employee from returning to the facility.

3.3.6

Supplier(s) and Supplier(s) employees shall not, while in duty status, entertain any relationship of any sort with any State employee or any person under the charge of the State unless this relationship corresponds to a direct contact necessary for the completion of the Supplier(s) employee's duties. Supplier(s) employee shall immediately notify their employer and Authorized User should such a relationship already exist with any person located at the assigned facility.

State agencies with more specific requirements will provide the Supplier(s) employee(s) with a Fraternization Policy form to be signed prior to any work being performed.

3.3.7

Personal visitors are not permitted while on duty or on break, whether inside or outside the assigned location.

3.3.8

Assigned Guard(s) shall maintain a neat, professional appearance at all times. Hair shall be neat, clean and not interfere with wearing of headgear. No hair ornaments are permitted however, items used to hold hair in place are allowable. Facial hair shall be neat and clean.

Piercings shall not interfere with the performance of the Security Officers duties. Visible tattoos shall not be obscene or offensive in nature. Should Authorized User have additional or more stringent appearance requirements, Supplier(s) shall assign guards who comply with those requirements.

3.3.9

Security Guard(s) shall wear a name badge or name plate prominently on their uniform. Badges shall not resemble those of local law enforcement agencies. Uniforms shall be clean and pressed. Shoes and belts shall be polished.

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3.3.10

All applicable licenses, including driver's license or State identification, are to be kept current and on the Security Guard's person while he or she is on duty.

3.3.11

Supplier(s) shall certify that all services provided through the Contract shall be performed by qualified personnel, trained by the Supplier(s) in Security Practices and Standards. The following are minimum training and experience requirements for each security guard classification:

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3.3.11.1

Unarmed Security Guard I: Minimum Training and Experience

• Six (6) months experience providing similar security guard services

• Basic First Aid, CCR and AED certification

• Basic Security Principles and Practices including, but not limited to, basic self-defense and de-escalation tactics, bomb threat and fire prevention procedures, log entry and report writing

3.3.11.2

Unarmed Security Guard II: Minimum Training and Experience

• two (2) years experience providing similar security guard services

• Basic First Aid, CCR and AED certification

• Basic Security Principles and Practices including, but not limited to, basic self-defense and de-escalation tactics, bomb threat and fire prevention procedures, log entry and report writing

• Defensive hand-to-hand techniques

• De-escalation/conflict resolution tactics

• Use of force continuum consistent with National Institute of Justice Guidelines: https:

//nij.ojp.gov/topics/articles/use-force-continuum

• Handcuffing and Detainment techniques

3.3.11.3

Armed Security Guard III: Minimum Training and Experience

• three (3) years experience providing armed security guard services

• Defensive hand-to-hand techniques

• De-escalation/conflict resolution tactics

• Use of force continuum consistent with National Institute of Justice Guidelines: https:

//nij.ojp.gov/topics/articles/use-force-continuum

• Handcuffing and Detainment techniques

• Advanced Life Saving Techniques

• Wisconsin Department of Justice Firearms Course of Fire Training: https://wilenet.

org/html/leosa/wis-course-approved.pdf

• Wisconsin Department of Justice Law Enforcement Standards Board Defensive and

Arrest Tactics training for Law Enforcement Officers: https://wilenet.org/html/career/ (2017-6)%20LESB%20Policy%20and%20Procedures%20Manual%20(Final).pdf https://nij.ojp.gov/topics/articles/use-force-continuum https://nij.ojp.gov/topics/articles/use-force-continuum https://nij.ojp.gov/topics/articles/use-force-continuum https://nij.ojp.gov/topics/articles/use-force-continuum https://wilenet.org/html/leosa/wis-course-approved.pdf https://wilenet.org/html/leosa/wis-course-approved.pdf https://wilenet.org/html/career/(2017-6)%20LESB%20Policy%20and%20Procedures%20Manual%20(Final).pdf https://wilenet.org/html/career/(2017-6)%20LESB%20Policy%20and%20Procedures%20Manual%20(Final).pdf

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3.4 RFB_TECHNICAL REQUIREMENTS - AUTHORIZED USERS AND STATE

OF WISCONSIN

3.4.1

Authorized Users with a need for Security Guard Services shall contact Department of Administration, Division of Capitol Police, as described in the State Procurement Manual, PRO- 512, prior to contracting for any Security Guard Service. Requirement for Armed Security at a State-owned or leased facility must be justified through a formal risk assessment process and approved by the Division of State Capitol Police (DCP).

In turn, the Division of State Capitol Police shall provide a copy of all such requests and Authorized User information to the Contract Manager. This information shall be used to update and maintain an active list of all Authorized Users of the Contract.

3.4.2

Authorized Users shall provide the Supplier(s) with a clear list of expected duties, patrol routes, etc. A "Statement of Work" form has been developed to provide guidance for this process (Attachment C, Statement of Work Form).

3.4.3

Authorized User shall provide applicable rules and policies of the Authorized User to Supplier(s) at the time of the hire of security guard services.

3.4.4

Whenever possible, Authorized User shall notify the Supplier(s) five (5) days prior to any special event or special circumstance which would require additional services or overtime. In the event of an emergency, overtime must be approved by the Authorized User in writing.

3.4.5

Authorized User shall report any service deficiencies to the Supplier(s) immediately and should work directly with the Supplier(s) to resolve service issues.

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3.4.6

Authorized User shall report unresolved issues with the Supplier(s) to the Contract Administrator.

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. The Bidder shall not submit its own contract document as a substitute for the State's Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

4.1 RFB_ORDERS

Purchase orders or releases via purchasing cards shall be placed directly to the Supplier(s) by the Authorized User. Supplier(s) will work with Authorized User to determine schedule and duties for the assignment. Statement of Work form is attached to this RFB to assist with this process (Attachment C, Statement of Work).

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4.2 RFB_INVOICES

The State is required by law to meet a statutory mandate to pay or reject invoices within thirty

(30) days of receipt by Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per the Contract provisions. Only properly submitted invoices shall be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices shall be itemized showing:

• Supplier name and contact information

• Purchase order number

• Date of order/release

• Type of service provided

• Regular/overtime hours worked

• Bill rates

• Extended prices

• Discounts

• Agency/Institution name

• Agency/Institution account number (some institutions may have multiple accounts)

• Invoice total

Supplier(s) shall provide original invoice and requested number of copies to the designated accounts payable representative(s) or address(es) for each Authorized User.

Each invoice shall contain only those items covered by the purchase order designated on that invoice. All invoice prices shall be stated in the same units as the units shown on the Bid Price Sheet.

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4.3 RFB_REPORTING

Supplier(s) shall provide electronic, quarterly reports to the Contract Manager. These reports shall be sent as a Microsoft Excel document, via email, and are due on the following dates: April 15th, July 15th, October15th, January 15th. These reports shall include:

• Name of Agency/Institution/Municipality purchasing the service

• Authorized User, Customer Name

• Purchase Order Number

• Invoice Number/Date

• Type of Service Provided (Classification Level)

• Number of hours worked/billed

• Extended Price

• Total Quarterly Spend

Supplier shall supply additional information and make modifications to the reporting format as requested by the Contract Manager or Authorized User.

4.4 RFB_QUALITY ASSURANCE

Supplier(s) shall ensure the requirements of the Contract are met by implementing a Quality Assurance Plan (QA). This plan shall be kept on file and made available when required. The QA Plan shall include, but not be limited to the following:

• A monitoring system covering all tasks and services listed in this RFB, which specifies a method for identifying and preventing deficiencies in the quality of services performed before the level of performance becomes unacceptable.

• A monitoring system…