RFB 28368-JB Prescription Safety Glasses 11192021.docx

REQUEST FOR BID

PRESCRIPTION SAFETY GLASSES

RFB # 28368-JB

Issued Date: November 22, 2021 Responses Due: December 30, 2021, 2:00PM CST

PRESCRIPTION SAFETY GLASSES

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.

DEFINITIONS

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

accomplish or to provide under this RFB.

PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), Department of Administration (DOA), requests Bids for the purchase of Prescription Safety Glasses and intends to use the results of this process to award a Contract. The DOA 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.

The resulting contract from this Request for Bid (RFB) will be statewide and may be utilized by agencies at the state, county, and local levels of government, collectively referred to as “Users” in the State of Wisconsin. User delivery locations are located throughout the State of Wisconsin.

Individual State of Wisconsin agencies will utilize the contract to purchase the prescription safety glasses through agency dispensing and/or retail dispensing outlets provided by the bidder. The policy for supplying prescription safety glasses to employees is determined by each ordering agency’s interpretation of the State of Wisconsin Employee Compensation Plan. Each agency may set limits on what it will provide and pay for regarding prescription eyewear. Agencies participating in this contract will include Department of Corrections (including prescription safety glasses for inmates. There are approximately 40 Correctional Institutions and Centers throughout the state that will order for employees and inmates from this contract), Department of Transportation, Department of Health Services (including prescription safety glasses for patients), University of Wisconsin System, and the remaining agencies including Wisconsin municipalities (Currently there are approximately 115 separate accounts throughout the state). Any contract resulting from this Request for Bid (RFB) will establish uniform pricing that includes but is not limited to the following categories: Lenses, Frames, Coatings, Misc. add-ons, and Accessories. To adequately protect employees and to conform to OSHA and ANSI standards all safety glasses ordered on the resulting contract will come with either permanently attached or detachable side-shields (except for most inmate and patient glasses).

Sales Volume: The estimated sales volume per year is approximately $235,266 Approximate annual safety eyewear total frames: 6,526

Overview of Procuring Agency: The Department of Administration performs administrative and executive functions for the State of Wisconsin. The DOA, SBOP will administer this contract for use by all state agencies, UW campuses, and municipalities, which results from this RFB.

The Wisconsin Department of Administration is the sole point of contact for the State of Wisconsin during this RFB process. The person responsible for managing the procurement process is John Burnett (608) 261-6359 or john.burnett@wisconsin.gov.

Contract Flexibility: The State reserves the right to add/delete prescription safety glasses, delivery locations, and end users during the contract term to meet the needs of the State.

CONTRACT TERM

Initial Contract will term will be two (2) years. The SBOP and the Supplier, upon written mutual agreement, may renew the Contract for up to an additional three (3), one-year renewal periods. The Contract shall be effective on the date it is executed by the Department of Administration.

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 SBOP, and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

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 appropriations shall be without penalty.

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.

ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all appendices/attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the Procuring Agency, 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

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 Department of Administration and the Supplier(s). The Contractor 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.

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.

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, if no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

BIDDER QUALIFICATIONS & 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, DOA reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

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 RFB. It is the Bidder's responsibility to acquaint the Department of Administration with these qualifications by submitting appropriate or supporting documentation.

REQUIREMENTS

Dispensing Locations (Appendix 2): Bidders shall have at least one retail dispensing center for metropolitan locations identified in Table 1 of Appendix 2. Additional metropolitan dispensing centers may be offered in columns F through I of Table 1.

Bidders shall have one retail dispending center for urban locations identified in Table 2 (Appendix 2). If bidders are unable to supply a dispensing center for some locations in Table 2, bidders may supply a dispensing center with complete frame sets located within 20 miles of the location listed in Table 2 (use column F to identify the alternate location/city which is within 20 miles of the city in column A).

Bidders shall have one retail dispending center for rural locations identified in Table 3 (Appendix 2). If bidders are unable to supply a dispensing center for some locations in Table 3, bidders may supply a dispensing center with complete frame sets located within 50 miles of the location listed in Table 3 (use column F to identify the alternate location/city which is within 50 miles of the city in column A).

Bidders shall use Table 4 (Appendix 2) to identify all other locations, which are not included in Tables 1, 2 and 3.

Additional locations may be required during the contract period. A map of the locations is provided in Appendix 3.

MANDATORY REQUIRED 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.

TECHNICAL REQUIREMENTS

Safety Standards All safety prescription eyewear (lenses, frames, and side-shields) shall satisfy requirements of Wisconsin Code SPS 332.50 and the latest OSHA and ANSI standards (29 CFR and ANSI Z80.1 – 2020 and Z87.1 - 2020). All lenses and frames are to be marked permanently to identify them as safety eyewear. Special consideration should be made to OSHA regulation 1910.133.

Approved Brands ArmouRx, 3M, On Guard and Titmus are approved brands. Approved frame numbers are indicated on the bid sheet in Appendix 1 (See Column C of Table 1).

Side Shields:

All Prescription safety glasses will come with either permanently attached or detachable side shields (except for most inmate and patient frames).

Ordering agencies may require side shields to be permanently attached. (See section 4.1 for order form requirements).

Miscellaneous Specifications

· Glasses/Lenses shall be inspected with at least a 40-watt light, increased wattage is encouraged.

· Physical appearance of lenses shall be free of aberrations within a 20 mm radius from the major reference point or optical center.

· Lenses shall be tight in frame so as they will not fall out or be turned by regular cleaning.

· Frames shall be in proper alignment.

· Temple tips shall be adjusted in such a way to not make contact with the back surface of the lens.

· Frames shall be available in all colors, eye sizes (including child sizes), bridge sizes and temple lengths as available from manufacturers.

PERFORMANCE AND SUPPORT REQUIREMENTS

Performance Fill Rate Ability to Fill an Order on Time: The awarded Contractor shall maintain a fill rate performance of ninety-seven per-cent (97%), or greater, of total unit sales for any line-item product. The fill rate will be based upon the mutually agreed upon delivery date of the product (see section 4.2 Delivery Requirements). The State retains the right to cancel any contract not in compliance with this section.

Communication As necessary, the Contractor shall communicate or meet with the designated User’s representative to discuss ordering, invoicing, contract updates, procedure updates or other contracting issues.

Problem Resolution Any problems that cannot be resolved between the Agency User and the Contractor will be referred to the Contract Manager. The Contract Manager will inform the Contractor in writing of the unresolved issues and the Contractor will respond with proposed corrective actions. The Contractor may request meetings to address unresolved contract issues.

Points of Contact Contractor shall provide the DOA Contract Manager with the following information for their local point of contact at a minimum:

Contractor’s local points of contact shall be available by both telephone and email.

Contractor shall make available at least one (1) Customer service representative during business hours, Monday through Friday, 8:00 a.m. through 4:30 p.m., CST (except on State holidays) to respond to the following inquiries:

Customer service representative and local point of contact may be the same person.

Contractor shall notify the DOA Contract Manager within 3 business days of any change in contact information for customer service representatives and account representatives/ managers.

Contractor shall respond to all communications within two (2) business days.

Contactor shall notify the DOA Contract Manager and Users of the contract of any new procedure or critical update within five (5) business days of the change.

Catalogs and Brochures When requested by ordering agencies, the contractor will be required to furnish up to 25 copies of frame catalogs/brochures, at no cost, showing the frame styles and listing colors and sizes available and 25 copies of standard tint wall charts for glass, plastic, and polycarbonate lenses.

Frame catalogs, brochures and tint charts will be available in electronic and web (on-line) formats.

Price Lists The Contractor is responsible for maintaining an accurate price list for all Contract products, shall honor all contract prices, and may not quote a price higher than the current Contract price list.

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 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.

ORDERS

ORDER FORMS

Order forms shall be available electronically and in printed format at the request of the ordering agencies. The State requires full catalog availability. However, individual agencies may restrict some of the choices available or require certain items (i.e.: permanently attached side shields) or for inmate frames require a separate order form that is limited to only a few select items (i.e. base frames and base lenses with few options). The electronic version shall be customized by the contractor to allow for these restrictions or requirements. The order form shall include:

· Ordering Agency/ Account Number

· Bill to

· Ship to

· Payment information (Credit card, PO, etc.)

· Vision type: Single, Bifocal, Trifocal, Occupational, Progressive, etc.

· Prescription Information

· Frame type

· Misc. Options: Tint, Coating, Scratch Resistance, etc.

· Dispensing fee if other than agency dispensing (see section 4.1.5)

· Special Instructions

· Customized pricing section that shows cost and allows the employee to self-pay any additional amount (if necessary) Ordering Procedure: Model 1 Agency Dispensing:

When an individual requires eye protection, the individual will bring a prescription to the ordering agency, the agency will fill out a customized Prescription Eyewear order form (as described in 4.1.1 above) supplied by the contractor. The agency will submit the order form to the contractor and the contractor will in turn fill the order then ship and invoice the glasses to the ordering agency (similar procedure for inmate and patient frames).

Ordering Procedure: Model 2 External Dispensing:

When an individual requires eye protection, the individual will receive a customized order form from the ordering agency. The individual will take the order form and his/her prescription to a qualified dispenser supplied by the contractor. (Contractor shall have dispensers throughout the State of Wisconsin, see Appendices 2 and 3). The dispenser will help the individual select the proper safety glasses and fill out the order form. The dispenser will have the option to 1) Submit the order form to the contractor or 2) At the request of the agency have the individual take the order form back to his/her agency and the agency will submit the order form to the contractor. The contractor will complete the order, ship the glasses to the dispenser, and pay the dispensing fee to the dispenser (see section 4.1.5). The contractor will then invoice the ordering agency, including the dispensing fee. The individual will return to the dispenser for final fitting of his/her safety glasses.

Dispensing Locations and Fees The dispensing locations are to be updated regularly by the contractor. At a minimum they should be checked on an annual basis. Notifications of changes will be submitted to the DOA Contract Manager no later than 30 calendar days after the change is final.

Payment to Dispensing Centers: Under section 4.1.3, Model 2: External Dispensing, in most cases, the dispensing fee will be charged and included on the invoice to the ordering agency but be paid to the dispensing center by the contractor. The dispensing fee is to be the same for all dispensers. The dispensing fee shall not exceed $35.00 and shall be paid to the dispenser within 30 days.

DELIVERY REQUIREMENTS

All shipments will be made FOB Destination, Freight prepaid by Bidder. Contractor is responsible for filing and expediting all freight claims with carrier.

Delivery shall be within eight (8) business days ARO (After Receipt of Order).

The contractor shall inform the ordering agency when a delivery will be delayed past the delivery schedule of eight (8) business days ARO and specify an estimated delivery date.

If the delivery date is not acceptable to the User, the order may be cancelled. Failure to notify User may result in the assessment to the Contractor of cost described in the Sample Contract (see Appendix 4 - attached and part of this RFB).

In the event of a product back order, the Bidder is responsible for offering an acceptable alternative product to the User. Product substitutions shall not be made without the advance approval of the User. User has the right to cancel any backorder after 30 calendar days.

Users are not required to accept late deliveries and will make the final determination of whether or not to accept late deliveries. Failure to deliver by the date and time agreed upon may be grounds for cancellation of the order. Any exceptions to the above delivery timeframes shall be verifiable by email correspondence between the Contractor and the User.

SHIPMENTS, DUPLICATES AND OVER SHIPMENTS

Prescription errors by doctors are to be returned and replaced at no charge if returned within 60 days.

Emergency or rush deliveries requiring special shipping and handling shall be at authorized User’s expense, with prior written (email) approval. Costs associated with expedited or “rush” delivery and installation shall be negotiated with the User prior to order. Expedited or “rush” deliveries caused by an error or delay on the part of the Contractor shall be at no additional cost to the User.

There shall be no minimum order size.

Each prescription shall be individually boxed and “bubble” wrapped. Included with each prescription shall be an eyeglass case with a non-metallic clip. Eyeglass cases for inmate and patient glasses shall be of the soft (non-hinged) variety with a non-metallic clip.

RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

Users are authorized to reject and/or return damaged items, defective or items received in “poor” condition. The State shall be the sole determinant of “poor” condition and serviceability.

Contractor shall pay shipping charges and no restocking/return fees are allowed. Timeframe for removal shall be determined between the Contractor and the User. If damaged product, over-shipments, or duplicate order products are not removed within thirty (30) calendar days of written notification from the User, the State reserves the right to dispose of them at its discretion and will not be held liable for the cost.

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

Credits for returned products shall be made in full within thirty (30) calendar days of Contractor’s receipt of returned goods.

NEW AND DISCONTINUED ITEMS

Products may not be added or deleted from the Contract resulting from this RFB without the approval of the DOA Contract Manager.

The Contractor shall notify the DOA Contract Manager of product discontinuations from the manufacturer preferably 30 days before discontinuation, but no later than 30 days after product is discontinued by manufacturer. The DOA Contract Manager will work with Contractor if replacement item is required.

Annually, the contractor shall evaluate the current styles of frames on contract, and update the frames with more stylish frames, if available. The new frames shall be approved by the State Bureau of Procurement. The new frames shall be provided at contract prices. There shall be at least the minimum number of frames available in the various categories (Basic thru Titanium) as were available initially on the contract.

SAMPLES

The contractor will be required to furnish full frame set samples, at no cost, to major users of the contract (Agency end users placing 50+ orders annually) who dispense their own safety glasses, and keep supplies of new models as they become available. Agency end users that place less than 50 orders annually may purchase frame samples at the contract price.

Upon request, samples shall be provided within five (5) business days unless otherwise agreed upon between Contractor and DOA Contract Administrator.

BACKGROUND CHECKS

Due to the nature of this solicitation, DOA 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 Contractor’s ability to meet contractual obligations and requirements.

REPORTING

Awarded Vendor(s) shall submit designated quarterly sales reports, in Microsoft Excel format (not PDF), to the DOA Contract Manager for all contract transactions that took place during the previous quarter.

Quarterly reports are due on the 15th of each month, for the previous quarter being reported on, in the months of January, April, July and October.

The State reserves the right to request additional reports from the Contractor at no additional cost.

Excel Report Form The excel report form shall be submitted to Contractors upon award of contract. Data fields in this report will include:

State Agency/Institution/Campus Purchases

· State Agency/Institution/Campus name

· Purchase order number/Name

· Account #

· Order date

· Invoice number

· Invoice date

· Product Description:

· Frame Type and/or Number

· Lens Type and/or Number

· Additional Lens Options

· Unit of Measure (UOM)

· Quantity per UOM

· Quantity of UOM ordered

· Unit Price

· Extended Price

Municipality Reporting

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

· Product Description:

· Frame Type and/or Number

· Lens Type and/or Number

· Additional Lens Options

· Unit of Measure (UOM)

· Quantity per UOM

· Quantity of UOM ordered

· Unit Price

· Extended Price

Contractor shall provide customized reports to individual Users upon request.

Contractor shall use commercially reasonable efforts to provide such reports in a reasonable timeframe, but no later than thirty (30) calendar days from the date the request was submitted.

Reports shall not be accepted from a Contractor’s subcontractors. All reports shall be submitted directly by the Contractor and include all required information for all respective subcontractors.

CONTRACT AUDIT REQUIREMENTS

The State reserves the right to audit any report submitted by the Contractor for accuracy and to identify any pricing problems.

If pricing problems are identified by the DOA Contract Manager, the Contractor shall issue credits to all applicable Users within thirty (30) calendar days of notification of the problem.

PAYMENT TERMS

Standard payment terms for Users are net thirty (30) days from the date of product delivery or invoice receipt, whichever is later.

Contractor will accept payment from authorized end-users by check, electronic funds transfer or with procurement cards (P-Card)(credit cards).

Payment will not be made until the product has been determined to meet all specifications and has been accepted by the State of Wisconsin.

Payment will not be made without the receipt of an accurate invoice(s).

Accurate invoices for all orders shall be received within thirty (30) days after date of delivery, if no alternate date of receipt is specified.

Invoices shall be made available to Users in hard copy and, if available, electronically upon request.

All invoices shall meet the pricing, terms and conditions of the Contract resulting from this RFB.

All invoices shall be itemized and contain the following fields of information, at a minimum:

· Contract Number

· User Name

· Employee Name

· Order Number

· Order Date

· Shipping Date

· Ship to Address

· Bill to Address

· Type of Lens & Lens material

· Frame Style, Color, Size

· Prescription

· Dispensing Fee (if applicable see section 4.1.5)

Contractors shall not invoice additional costs or fees to any Users. Examples of additional costs/fees include but are not limited to the following:

· Delivery/Shipping location fees

· Small order / “minimum order “ fees

· “Special order” fees

· Purchasing card (P-Card) related charges

· Return fees for Contractor’s error (e.g. restocking fees)

· Energy fees

· Fuel surcharges

· Any charge that is not identified in current price lists for all products unless agreed to in advance by the User

CERTIFICATES OF INSURANCE

Upon receipt of a notice of the intent to award by the State of Wisconsin, the Bidder(s) shall provide within ten (10) working days 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. Failure to provide a certificate of insurance as required is grounds for termination of a contract.

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 Contractor’s required insurance policies in effect during this Contract are modified or cancelled, Supplier shall immediately provide notice to the State of Wisconsin.

The Certificates of Insurance shall be provided as stated herein to Department of Administration State Bureau of Procurement John Burnett, Procurement Specialist 101 E. Wilson St., 6th Floor Madison, WI 53703

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 day notice to the Supplier, and the Supplier providing at least one hundred and twenty (120) calendar day 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 Contractor:

· 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.

· 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 submit a non-discrimination or affirmative action plan as required herein.

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law) and 16.765, Wis. Stats., and ADM 50, Wisconsin Administrative Code.

· Becomes a federally debarred Contractor.

· 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.

SAMPLE CONTRACT

The intended result of this RFB is to enter into a contractual agreement with the selected Bidder(s). A Sample Contract has been provided as Appendix 5 - Sample Contract. 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

• Pricing Structure

If DOA, at its sole discretion, determines that it is in the best interest of the State to do so, it may agree with the selected Bidder to negotiate some of the contract terms or the special conditions of the Bid. However, such negotiations may not affect the method of award, disadvantage another Bidder, or affect the scope of the Bid.

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.

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.

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

METHOD OF BID

The Bidder must submit a net unit price for every item in Tables 1, 2 and 3 (extended net total for each item specified in Tables 1 and 2 will be automatically calculated). Bid Prices must be in US dollars unless otherwise indicated. Bids that require a specific quantity or dollar amount will be disqualified. In the event of an error in calculation, unit price shall prevail in award.

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

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 at the ordering agency (ship-to address). Bid prices must include all packing, freight, insurance charges and installation/operation manuals.

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

PRICE SHEET INSTRUCTIONS

Bidders must fully complete and submit the attached Price Sheet in Appendix 1. Prices listed shall be in U.S. dollars. Bidders may not alter the Price Sheet in any manner unless instructions on the Price Sheet indicate otherwise. Alternate pricing formats will not be accepted and may result in disqualification of the bid.

Only yellow shaded areas or cells of Appendix 1 require entry of information by the Bidder. Modifications to any other cells or areas shall not be accepted and may result in disqualification of the Bidder.

Bidder shall bid on all items included in Appendix 1. Failure to bid all items included in Appendix 1 shall result in disqualification.

In the event of bidder error in calculation, unit price shall prevail in award.

REQUESTING PRICE ADJUSTMENTS

Firm Prices: At a minimum, pricing shall remain firm for the first 12 months of the Contract. After the initial one (1) year term, the Contractor may request an increase annually.

Any request for a price increase shall be accompanied by a letter of justification and supporting documentation (i.e., invoices from Contractor’s suppliers, industry wide increases to cost of raw material, etc.) Price increases and justification documentation are subject to the approval of the DOA Contract Manager. All price increases shall be subject to a 45- calendar day written notice. The State may accept, reject or negotiate any proposed increase.

Catalog percent discounts cannot change, unless the percent change results in lower prices for the Users.

In the event of a price change between the date of order and the date of delivery, the Contractor shall charge the price that was effective on the date of order of product not on the date of delivery.

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

BID PROCEDURE AND INSTRUCTIONS

CALENDAR OF EVENTS

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

** Notices or amendments to this RFB will not be made for changes made for calendar dates designated as “anticipated” or “estimated.”

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document no later December 10, 2021. 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 must immediately notify the DOA 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 email to: john.burnett@wisconsin.gov

Madison, WI 53703

All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid # 28368-JB and be directed to John Burnett.

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 John Burnett, is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. John Burnett 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 DOA may continue to communicate with the DOA Contract Manager regarding the performance of that current contract only.

REASONABLE ACCOMMODATIONS

Upon request, DOA must provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed at a Bid opening, please contact John Burnett via email at:

john.burnett@wisconsin.gov

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

SUBMITTING A BID

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.

The State strongly encourages electronic bid submission via the Wisconsin eSupplier Portal due to the limited staff available to accept hand deliveries at State buildings due to closures from the COVID-19 virus.

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) USB drive (thumb drive) of all materials required for acceptance of their Bid by the deadline to:

All Bids shall be received and time-stamped at the above location no later December 30, 2021, 2:00 PM CST. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the Department of Administration Purchasing Office.

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

Prescription Safety Glasses

RFB #28368-JB

December 30, 2021, 2:00 PM CST

Hand Delivered Bids:

The Department of Administration, at 101 E. Wilson St.