RFB 28383-KH.pdf

REQUEST FOR BID

Record Storage Boxes - Statewide

28383-KH

Issued Date: July 29, 2022

Responses Due: September 20, 2022

Statewide Record Storage Boxes

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

1.8 TECHNICAL INFORMATION

1.8.1 PRINTING PLATES

1.8.2 DIES

1.8.3 REFERENCE PICTURES

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 EXPERIENCE

2.2 REFERENCES

3 MANDATORY SPECIFICATIONS OF BID

3.1 TECHNICAL REQUIREMENTS

3.1.1 PRODUCT SPECIFICATIONS

3.1.2 PRINTING PLATES

3.1.3 DIES

3.1.4 PACKAGING REQUIREMENTS

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 CONTRACTOR CONTACT

4.2 STATE CONTACT

4.3 DELIVERY REQUIREMENTS

4.3.1 DELIVERY TIMES

4.3.2 DELIVERY LOCATIONS

4.4 DUPLICATES, DAMAGE, OVERRUNS, AND OVER SHIPMENTS

4.4.1 DAMAGED OR DUPLICATED SHIPMENTS

4.4.2 OVERRUN ALLOWANCE

4.5 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

4.6 REPORTING

4.6.1 DUE DATES

4.6.2 FORMAT

4.6.3 ADDITIONAL REPORTING

4.7 CONTRACT AUDIT REQUIREMENTS

4.8 LIQUIDATED DAMAGES

4.9 PAYMENT

4.10 CONTRACT PRICING

4.10.1 INVOICES

4.10.2 DELINQUENT PAYMENT OWED TO STATE

4.10.3 CREDITS

4.10.4 PAYMENT TERMS

4.10.5 SALES TAX

4.11 SAFETY DATA SHEETS

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4.12 CERTIFICATES OF INSURANCE

4.13 CANCELLATION AND TERMINATION

4.13.1 NON-RENEWAL

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

5.3 COST SHEET INSTRUCTIONS

5.4 REQUESTING PRICE ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL SUBMITTAL (STRONGLY PREFERRED)

6.5.2 HARD COPY SUBMITTAL

6.6 EMAILED BIDS

6.7 FORMAT OF BID RESPONSE

6.8 INCURRING COSTS

7 BID OPENING, REVIEW, AND ACCEPTANCE

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 SAMPLES

7.6 TESTING

7.7 BIDDER REFERENCES/CLIENT LIST

7.8 USE OF SUBCONTRACTORS

7.9 SUPPLIER DIVERSITY

7.9.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.9.2 VETERAN-OWNED BUSINESS

7.9.3 DISABLED VETERAN-OWNED BUSINESS

7.9.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.10 DEBARMENT

7.11 AWARD NOTIFICATION

8 REQUIRED FORMS

8.1 ATTACHMENT A - COST SHEET

8.2 ATTACHMENT B - DOA-3832 BIDDER REQUIRED FORM

8.3 ATTACHMENT C - CONTRACT TEMPLATE

8.4 ATTACHMENT E - BID FACTORS (HARD COPY SUBMITTAL ONLY)

1 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 State's needs.

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1.1 DEFINITIONS

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

Agency:

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

Authorized Users:

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

(4) and (8), 16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 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.

Bid Factor:

An element of the bid that does not appear in the RFB document, but the Bidder must respond to. Bid Factors can be seen and responded to in the Wisconsin eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with the paper bid submission.

Bidder:

A person or firm that responds to this Request for Bid.

Commodity:

A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for the 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

Page 5 28383-KH 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.

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.

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.

Disabled Veteran Owned Business (DVB):

A business that has been certified by the Department of Administration under § 16.283, Wis. Stats.

Minority Business Enterprise (MBE):

A business that has been certified by the Department of Administration under § 16.287, Wis. Stats.

Municipality:

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

Procurement Specialist: The individual responsible for overseeing and administering the procurement

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Procuring Agency: The State Agency conducting the purchasing transactions

Purchase Order:

The State's standard document of a purchase of Deliverables and Services.

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.

RFB: Request for Bid

Services or Contractual 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.

Specification:

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

State: State of Wisconsin

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1.2 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 (SBOP), requests Bids for the purchase of Record Storage Boxes, 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 contract is mandatory for State use and will be used primarily by the University of Wisconsin-Madison and the State Bureau of Publishing and Distribution. The State intends to award the contract to one (1) bidder.

The State Records Center (SRC) utilizes a specific type of heavy-duty storage cartons which are used by State agencies when sending cartons to the State Records Center.

These boxes are designed for shelving utilized through the SRC facilities. The State Publishing and Distribution Center maintains the inventory of state record storage boxes and administers the distribution of the boxes to agencies. University of Wisconsin Material Distribution Services maintains inventory and distribution for UW locations.

See section 3, Mandatory Specifications, for the minimum acceptable specifications.

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.

This Contract shall be governed by the laws of the State of Wisconsin. Venue for any action brought under this Contract shall lie in Madison, Dane County, Wisconsin.

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1.3 CONTRACT TERM

This Contract will run for an initial two (2) year period. The State and the Contractor, 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. 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 twelve (12) 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, unless prior approval of the justification is obtained in writing by the Contract Manager.

1.4 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.

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1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder 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

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement by the Contractor. Where requested by the State, and agreed to by the Contractor(s), Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the State and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the State and providing appropriate documentation and support and reporting Contract usage by Municipalities.

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1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or requirements in this RFB document shall be minimally met without exception; failure to meet such will disqualify your Bid. 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.

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.

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.

1.8 TECHNICAL INFORMATION

1.8.1 PRINTING PLATES

State owned, rubber printing plates shall be forwarded to Contractor for use or modification.

1.8.2 DIES

State owned, rotary-type cutting dies shall be forwarded to Contractor for use or modification.

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1.8.3 REFERENCE PICTURES

See Attachment D - Pictures of Style A - Large Storage Box for pictures of assembled box, flat box, and printing elements.

2 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 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 EXPERIENCE

Bidder must be in the business of manufacturing corrugated boxes and must have done so for, at a minimum, the past two (2) years. Mergers, acquisitions, and business name changes will be taken into consideration for purpose of determining the two-year minimum requirements.

2.2 REFERENCES

Bidders shall include information on background experience and history for this Contract on the Vendor Reference form DOA-3832 (see Section 3). If contacted, information received from those references will be used to determine whether the Bidder can reasonably meet Contract requirements and specifications.

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3 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. Bidder must use Bid Factors to respond to this section. Failure to meet any mandatory requirement may result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

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3.1 TECHNICAL REQUIREMENTS

3.1.1 PRODUCT SPECIFICATIONS

Style A – Large Storage Box

3.1.1.1 Die-cut, fold-up, corrugated carton with notched, overlapping four-flap cover.

3.1.1.2 One-piece construction with an arc-type punch-out, fold-back, rounded corner with access hole.

3.1.1.3 Box dimensions: 10" H x 15" L x 12" W

3.1.1.4 Stock: 44 ECT, single wall, C-Flute, 55# Test Liner

3.1.1.5 Glued flap

3.1.1.6 Imprinted on the 10" H x 12" W end of carton (opposite of the glued flap) with area for State Agency to include box contents and Record Center information.

3.1.1.7 Imprinted on box flap with pictorial and written box assembly instructions.

3.1.1.8 Less than 10% printed ink coverage of the die cut box, and must be of acceptable quality and clarity of text, and free from defects including smudges, smears, fade-outs, extraneous ink, and other marks.

3.1.1.9 Printing block size to be approximately 6-1/4" H x 11" W on the box end panel for State Records Center block of text.

3.1.1.10 Boxes shall be bundled flat in units of 10 boxes, 10 bundles per bale.

3.1.1.11 Boxes shall be folded and secured both ways with plastic strapping.

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3.1.2 PRINTING PLATES

3.1.2.1 If transferred plates require modification or repair, an estimate of cost to modify/repair must be sent to the DOA Contract Manager before any work can be started and/or billed to the State. Failure by Contractor to surrender the State-owned printing plate(s) may result in final payment suspension.

3.1.2.2 All printing plates are the property of the State of Wisconsin and shall be shipped to the State within 30 days, at the Contractor's expense, at the request of the State and/or upon completion of the contract.

3.1.3 DIES

3.1.3.1 If new cutting dies are required by Contractor due to incompatibility, the cost of said dies shall be at Contractor's expense.

3.1.3.2 All cutting dies are the property of the State of Wisconsin and shall be shipped to the State within 30 days, at the Contractor's expense, at the request of the State and/or upon completion of the contract. Failure by Contractor to surrender the State-owned die(s) may result in final payment suspension.

3.1.4 PACKAGING REQUIREMENTS

Bundled flat boxes will be delivered on wooden pallets, stretch wrapped, and protected on top and bottom with corrugated liner or other material to protect against damage from banding and foreign matter. Pallets will be provided at no cost to the State.

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4 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.

4.1 CONTRACTOR CONTACT

Contractor's customer service representatives shall be available by telephone, fax, or email during standard business hours of 8:00 AM to 5:00 PM CST. Contractor's staff shall respond to all communications within four (4) business hours.

4.2 STATE CONTACT

DOA Publishing and Distribution will be the point of contact for all orders for all state agencies. University of Wisconsin Material Distribution Services (MDS) will also utilize this contract and will be the point of contact for any orders relating to MDS.

4.3 DELIVERY REQUIREMENTS

4.3.1 DELIVERY TIMES

Deliveries shall be made via a scheduled delivery appointment between the hours of 7:

00 AM and 3:30 PM CST for state agencies and between the hours of 6:00 AM and 3:

30 PM CT for MDS. Contractor shall phone 608-243-2835 to schedule delivery appointment for state agencies. MDS delivery appointments shall be made by calling 608-497-4432.

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4.3.2 DELIVERY LOCATIONS

Ship to locations will be:

For State Agencies: For MDS:

State of Wisconsin UW-Madison Publishing & Distribution MDS 2310 Darwin Road 1061 Thousand Oaks Trail Madison, WI 53704 Verona, WI 53593

4.4 DUPLICATES, DAMAGE, OVERRUNS, AND OVER SHIPMENTS

4.4.1 DAMAGED OR DUPLICATED SHIPMENTS

Upon notification by the Procuring Agency of a duplicate or over shipment, goods shall be removed at the Contractor's expense. If such goods are not removed within thirty

(30) business days of receipt of written notification from the Procuring Agency, the Procuring Agency shall dispose of them at its discretion and will not be held liable for the cost.

4.4.2 OVERRUN ALLOWANCE

Overrun allowance will be a maximum of plus or minus 3%; the State will only pay for boxes ordered unless pre-authorization is received from the ordering Agency to ship and bill for any overruns.

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4.5 RETURN POLICY FOR DEFECTIVE OR DAMAGED GOODS

The Procuring Agency reserves the right to reject any order that it deems defective or damaged and will notify the Contractor in writing within five (5) business days of discovery. Defective or damaged materials shall be credited back to the Procuring Agency within ten (10) business days or prior to the next billing cycle, and the rejected goods shall by removed at the Contractor's expense. If such goods are not removed within thirty (30) business days of receipt of written notification from the Procuring Agency, the Procuring Agency shall dispose of them at its discretion and will not be held liable for the cost.

4.6 REPORTING

4.6.1 DUE DATES

Contractor must furnish quarterly sales/usage reports to the DOA Contract Manager. Quarterly Reports are due on the 15th of each month in the months of January, April, July, and October.

4.6.2 FORMAT

All reports shall be provided in an electronic format which has been approved in writing by the State. The format of the reports will be agreed upon between the DOA Contract Manager and Contractor at the time of Contract execution, to be used for all future reports unless modified by mutual agreement between the State and Contractor.

4.6.3 ADDITIONAL REPORTING

The State reserves the right to request additional reports from the Contract and at no additional cost to the State. The Contractor shall use commercially reasonable efforts to provide such reports in a reasonable timeframe, but no later than ten (10) working days from the date the request was submitted.

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4.7 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 issues are identified by the DOA Contract Manager, the Contractor must issue credits within thirty (30) calendar days of notification of the problem.

4.8 LIQUIDATED DAMAGES

The State may suffer damages due to Contractor's lack of performance of certain terms and conditions of the resulting contract. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non-performance, the State will impose the following liquidated damages for the performance failures listed below.

In the event the Contractor fails to deliver services in accordance with the terms and conditions of the Contract, the State shall have the option to either terminate the Contract or temporarily procure the service from another contractor. If the service is procured from another contractor, the Contractor shall pay to the State any difference between the Bid cost and the cost paid to the other contractor.

Both parties acknowledge it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of this, the Contractor acknowledges for the Contract resulting from this Bid, it shall negotiate liquidated damages, as required by the State, for the Contract. The Contractor agrees the State shall have the right to liquidate such damages, through deduction from the Contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the Contractor.

4.9 PAYMENT

Payment will not be made until the product is determined to meet all Specifications, requirements and deliverables and has been accepted by the Procuring Agency.

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4.10 CONTRACT PRICING

Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this Contract for all orders placed even though the Contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

4.10.1 INVOICES

Only properly submitted invoices will be officially processed for payment. Invoices must be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Date of order

• Complete item/service description

• Prices per the contract

4.10.2 DELINQUENT PAYMENT OWED TO STATE

The State shall offset payments made to the Contractor under this Contract in an amount necessary to satisfy a certified or verifiable delinquent payment owed to the State, or to any state or local unit of government. The State also reserves the right to cancel this Contract as provided in Section 4.9, Cancellation and Termination, if the delinquency is not satisfied by the offset or other means during the term of the Contract.

4.10.3 CREDITS

Within sixty (60) days of the State's request, the Contractor shall pay to the State any credits resulting from an order that the State determines cannot be applied to future invoices.

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4.10.4 PAYMENT TERMS

The contract user shall pay the Contractor's properly submitted invoices within thirty

(30) days of receipt provided the deliverables or services to be provided to the State have been delivered, rendered, or installed, and accepted as specified in this RFB. If the State fails to pay a properly submitted invoice within thirty (30) days of receipt, it shall pay a late payment penalty as provided in § 16.528, Wisconsin State Statutes.

However, if the State declares a good faith dispute in regard to an invoice pursuant to §

16.528 (3) (e), Wisconsin State Statutes, it may pay any undisputed portion of said invoice, and will be exempt from the prompt payment requirement for the disputed portion.

4.10.5 SALES TAX

The State is exempt from payment of Wisconsin sales or use tax on all purchases.

4.11 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by § 101.58, Wis. Stats., the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container, or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets shall be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

Safety Data Sheets shall be provided as stated herein to:

Department of Administration Division of Enterprise Operations, State Bureau of Procurement Kristina Harris, Procurement Specialist PO Box 7867 Madison, WI 53707-7867

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4.12 CERTIFICATES OF INSURANCE

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

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

The Certificates of Insurance listed in this Section shall be provided as stated herein to:

Department of Administration Division of Enterprise Operations, State Bureau of Procurement Kristina Harris, Procurement Specialist PO Box 7867 Madison, WI 53707-7867

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4.13 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

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

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

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State of Wisconsin by providing at least thirty (30) calendar days' notice to the Contractor, and the Contractor providing at least one hundred and twenty

(120) calendar days' notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor 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 Contractor 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 30 days of written notice to the Contractor 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

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• Makes an assignment for the benefit of creditors

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

• Incurs a delinquent Wisconsin tax liability

• Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

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

• Becomes a federally debarred 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

4.13.1 NON-RENEWAL

After the initial contract period has expired, either party has the right to non-renewal of the contract. Additionally, if individual Contractors are not being utilized by the State, the State has the right to non-renewal of the contract.

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a net unit price for the item specified. Prices shall be in U.S.

dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

Alteration of or failure to complete any of the required forms shall be grounds for rejection of the Bid. All costs for furnishing the products or services includes in this Bid shall be in accordance with the terms and conditions of the Bid.

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5.2 FOB DESTINATION, FREIGHT PREPAID AND ALLOWED

Delivery will be made by common carrier or Contractor'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 delivery address specified on the order. Bid prices shall 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.

5.3 COST SHEET INSTRUCTIONS

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

No Fuel Surcharge is allowed in this Bid.

Page 25 28383-KH

5.4 REQUESTING PRICE ADJUSTMENTS

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. Pricing shall remain fixed for the first twelve (12) months of the Contract. Price increases may be requested after the initial twelve (12) month period, and no less than twelve (12) months after any prior effective date of a price increase.

Any price increases proposed after the initial Contract term must be submitted in writing to the Contractor Administrator a minimum of thirty (30) days before the proposed effective date of the increase. Notice of price increases must be fully documented.

Documentation shall include justification, market analysis, market factors, and copies of the supplier's notification to the Bidder of the increase including the effective date.

Increases shall not affect any orders written prior to the effective date of the increase.

The Contract Administrator shall approve price increases.

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 days of the effective date of the price decrease.

Contractors may not invoice service fees or additional costs to any Authorized User during the term of the Contract unless approved by the Contract Manager or otherwise agreed to by the Authorized User prior to order.

The following additional costs or fees are not allowed:

• Delivery/Location Fees

• Small order/minimum order fees

• Special Order fees

• Purchasing card (P-Card) related charges

• Return fees (e.g. restocking fees)

Page 26 28383-KH

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

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

DATE EVENT

July 29, 2022 Estimated Date of Issue of the RFB

August 12, 2022 4:00 PM CT Date Questions Due

August 26, 2022 Estimated Responses to Questions Posted to eSupplier

September 20, 2022 1:00 PM CT Bids Due from Bidders

September 30, 2022 Estimated Award Date

November 1, 2022 Estimated Contract Start Date

Page 27 28383-KH

6.2 CORRESPONDENCE, CLARIFICATIONS, AND QUESTIONS

Bidders are expected to raise any questions or clarifications concerning the RFB document by August 12, 2022. If at any time prior to the Bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procurement Specialist named below of the issue in writing. The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarification.

Email is also accepted for the submission of questions and/or clarifications and shall refer to Request for Bid # 28383-KH and be directed to Kristina Harris at Kristina.

Harris@wisconsin.gov.

Please note any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and consolidated with questions received from within the Wisconsin eSupplier Portal prior to August 12, 2022. All questions and answers will be posted as an Amendment on the Wisconsin eSupplier Portal. It is the Bidder's responsibility to check the Wisconsin eSupplier Portal for any questions or answers pertaining to this RFB. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments or addendums shall be posted on the Wisconsin eSupplier Portal.

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

Kristina Harris 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 State may continue to communicate with the State Contract Administrator regarding the performance of that current Contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, the State shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed, please contact: Kristina Harris at Kristina.

Harris@wisconsin.gov.

mailto:kristina.harris@wisconsin.gov mailto:kristina.harris@wisconsin.gov mailto:Kristina.Harris@wisconsin.gov mailto:Kristina.Harris@wisconsin.gov mailto:Kristina.Harris@wisconsin.gov

Page 28 28383-KH

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only vendors currently registered on the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) shall receive official notices throughout the procurement process for this RFB.

Vendors that register on the Wisconsin eSupplier Portal after the posting of this RFB shall receive official notices of future procurement solicitation opportunities for the State of Wisconsin and University of Wisconsin System campuses.

To register on the Wisconsin eSupplier Portal access the following website for instructions https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?

tab=WI_GUEST&wimsg=Logo.

Bidders may obtain additional State of Wisconsin purchasing information at https:

//doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx.

Bidders without internet access may request to receive a hard copy.

6.5 SUBMITTING A BID

Bidders shall respond to this RFB in either the Wisconsin eSupplier Portal or by providing a hard copy Bid. Faxed and emailed Bids shall not be accepted.

https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx

Page 29 28383-KH

6.5.1 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.

Bidders submitting bids via the Wisconsin eSupplier Portal shall follow the instructions given in the eSupplier Portal system, including any Frequently Asked Questions (FAQs).

Bidders shall allow time for entering a Bid Response in eSupplier. Keep in mind the following if an error occurs:

Page 30 28383-KH

• File names must be no longer than 64 characters, including the file extension (e.g., ".docx).

• File names cannot contain any special characters (e.g., commas, percent signs, hash symbol).

• The maximum file size for any attachment is 80MB.

• The eSupplier system will not allow a file with macros included and enabled.

• Bidders may only upload a single file in response to a Bid Factor. Uploading additional files will overwrite the previous upload. If a Bidder has the need to attach multiple files, the Bidder shall consolidate the documents into a single file. Alternatively, Bidder may upload one file in response to the Bid Factor and upload the rest of the documents using the Upload File button on the Submit Online Response page.

• In order to officially submit a bid response, the Bidder must click the Submit button and receive verification that the Bidder response has been submitted.

Page 31 28383-KH

6.5.2 HARD COPY 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 two (2) hard copies of all materials required for acceptance of their Bid by the deadline to:

USPS ADDRESS COMMON CARRIER ADDRESS

Kristina Harris, Procurement Specialist Kristina Harris, Procurement Specialist

State Bureau of Procurement State Bureau of Procurement

Department of Administration Department of Administration

PO Box 7867 101 East Wilson Street, 6th Floor

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

All Bids shall be received and time-stamped at the above location no later than September 20, 2022 at 1:00 p.m. CT. Bids not time-stamped will be considered late and shall be rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the State Bureau of Procurement.

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

BIDDER NAME AND ADDRESS

Page 32 28383-KH

RFB TITLE

RFB NUMBER

RFB DUE DATE AND TIME

Hand Delivered Bids:

The Department of Administration, at 101 E. Wilson St. in Madison, is currently restricted to public access due to COVID-19. There is a bid box outside of the entrance to the building for bids to be delivered to. The bid box is checked at 1:00 p.m. CT on Tuesdays, Wednesdays, and Thursdays whereupon all bids are timestamped. Hand delivered bids must be delivered to the bid box by September 20, 2022 at 1:00 p.m. CT to be timestamped by the September 20, 2022 1:00 p.m. CT deadline.

The State is not responsible for deliveries that do not reach the Bureau of Procurement office by the required due date and time. Hard copy (paper) bids will still be allowed in response to the Portal's sourcing events. However, the State has no liability for errors made in inputting any information submitted via a paper bid.

6.6 EMAILED BIDS

Emailed bids shall not be accepted.

Page 33 28383-KH

6.7 FORMAT OF BID RESPONSE

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

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

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication, or agreement with any other respondent or with any competitor for the purpose of restricting competition,

(b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Vendors shall accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

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

Cost Information: Provide price information on the Attachment A - Cost Sheet, Page 34 28383-KH included in this RFB, include one hard copy of the Cost Sheet with the bid response and one electronic copy in Excel format. All prices for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this bid.

Bid Factors: The Bidder shall include Attachment E - Bid Factors for all hard copy responses, included in this RFB. A response to each qualification and requirement listed shall be clearly checked and/or submitted as applicable and the sheet signed.

Any alteration of the Bid forms or Appendices is prohibited and will result in rejection of the Bid.

6.8 INCURRING COSTS

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

Page 35 28383-KH

7 BID OPENING, REVIEW, AND ACCEPTANCE

7.1 BID OPENING

A public Bid opening will be held via Microsoft Teams on September 20, 2022 at 2:00 p.

m. CT. The names of all Bidders may be read aloud at that time.

Microsoft Teams meeting

Join on your computer or mobile app

Click here to join the meeting

Or join by entering a meeting ID Meeting ID: 267 703 953 454 Passcode: AYTsC6

Or call in (audio only)

+1 608-571-2209,,472593721# United States, Madison

Phone Conference ID: 472 593 721#

Find a local number | Reset PIN

Learn More | Meeting options https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjExNmM1NjEtMTE5NS00NWE5LWExNDAtZjQzZDgzNTc0OGY1%40thread.v2/0?context=%7b%22Tid%22%3a%22f4e2d11c-fae4-453b-b6c0-2964663779aa%22%2c%22Oid%22%3a%22888f3a5e-a95f-42d4-a4ae-ef346f960485%22%7d file:/app/cfg/85820/appserv/PFNPRD/tel:+16085712209,,472593721# https://dialin.teams.microsoft.com/5d4d9c0b-3a97-4661-b2eb-768ed6a90841?id=472593721 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=888f3a5e-a95f-42d4-a4ae-ef346f960485&tenantId=f4e2d11c-fae4-453b-b6c0-2964663779aa&threadId=19_meeting_ZjExNmM1NjEtMTE5NS00NWE5LWExNDAtZjQzZDgzNTc0OGY1@thread.v2&messageId=0&language=en-US

Page 36 28383-KH

7.2 BID REVIEW

All Bids will be reviewed by the State's Procurement Specialist to ensure compliance with submittal Requirements. The State shall be the sole judge as to Bidder's compliance with the Bid instructions. At any time during the process, the State reserves the right to request and review additional information from Bidders.

7.3 BID ACCEPTANCE

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

7.4 METHOD OF AWARD

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

The State intends to award to one (1) Bidder.

Award will be based on low cost factor as indicated in Attachment A - Cost Sheet for Style A – Large Storage Box - Price Per Box.

Page 37 28383-KH

7.5 SAMPLES

If requested by the State, and at no cost to the State, the Bidder shall provide samples of each box. The samples may be used to verify Bidder's compliance to the specifications of the RFB and may be used as a quality standard for future orders.

7.6 TESTING

The State reserves the right to perform any tests necessary to assure the boxes conform to all requirements.

7.7 BIDDER REFERENCES/CLIENT LIST

The Bid…