RFB DOCUMENT 6.28.19.pdf

REQUEST FOR BID

STATEWIDE FURNITURE

Category A: Systems Furniture and Accessories Category B: Private Office Furniture and Accessories Category C: Seating Category D: Desks and Tables Category E: Filing, Metal Storage and Wood Case Goods Category F: Special Ergonomic Products Category G: Cafeteria Tables, Seating and Accessories Category H: Outdoor Furniture and Accessories

RFB#28313-CN

Issued Date: June 28, 2019

Responses Due: July 26, 2019 2:00 PM CDT

Statewide Furniture

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 OVERVIEW OF PROCURING AGENCY, BACKGROUND AND OBJECTIVES

1.2.2 BADGER STATE INDUSTRIES (BSI)

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

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

2.1 QUALIFICATION AND REQUIREMENT - YEARS IN BUSINESS

2.2 QUALIFICATION AND REQUIREMENT - ORIGINAL MANUFACTURER

2.3 QUALIFICATION AND REQUIREMENT - CURRENT PRODUCTION PRODUCTS

2.4 QUALIFICATION AND REQUIREMENT - DEDICATED ACCOUNT MANAGER

2.5 QUALIFICATION AND REQUIREMENT - DEDICATED WEBSITE

3 MANDATORY SPECIFICATIONS OF BID

3.1 TECHNICAL REQUIREMENTS

3.1.1 TECHNICAL REQUIREMENTS - REPORTING

3.1.2 TECHNICAL REQUIREMENTS - PRODUCT SPECIFICATIONS

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 PERFORMANCE AND SUPPORT REQUIREMENTS - GENERAL REQUIREMENTS

3.2.2 PERFORMANCE AND SUPPORT REQUIREMENTS - ACCOUNT MANAGEMENT

3.2.3 PERFORMANCE AND SUPPORT REQUIREMENTS - AUTHORIZED DEALER

REQUIREMENTS

3.2.4 PERFORMANCE AND SUPPORT REQUIREMENTS - DESIGN SERVICES

3.2.5 PERFORMANCE AND SUPPORT REQUIREMENTS - INSTALLATION SERVICES

3.2.6 PERFORMANCE AND SUPPORT REQUIREMENTS - STORAGE/WAREHOUSING

3.2.7 PERFORMANCE AND SUPPORT REQUIREMENTS - PRODUCT WARRANTY

3.2.8 PERFORMANCE AND SUPPORT REQUIREMENTS - RESPONSE TIME

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 SPECIAL TERMS AND CONDITIONS - ORDERS

4.2 SPECIAL TERMS AND CONDITIONS - DELIVERY REQUIREMENTS

4.3 SPECIAL TERMS AND CONDITIONS - DUPLICATES AND OVER SHIPMENTS

4.4 SPECIAL TERMS AND CONDITIONS - RETURN POLICY

4.5 SPECIAL TERMS AND CONDITIONS - NEW AND DISCONTINUED ITEMS

4.6 SPECIAL TERMS AND CONDITIONS - PRODUCT SAMPLES

4.7 SPECIAL TERMS AND CONDITIONS - BACKGROUND CHECKS

4.8 SPECIAL TERMS AND CONDITIONS - LIQUIDATED DAMAGES

4.9 SPECIAL TERMS AND CONDITIONS - TOBACCO-FREE ENVIRONMENT

4.10 SPECIAL TERMS AND CONDITIONS - FRATERNIZATION/AGENCY WORK RULES

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4.11 SPECIAL TERMS AND CONDITIONS - PAYMENT TERMS

4.12 SPECIAL TERMS AND CONDITIONS - CERTIFICATES OF INSURANCE

4.13 SPECIAL TERMS AND CONDITIONS - ACCESS TO SECURE FACILITIES

4.14 SPECIAL TERMS AND CONDITIONS - CANCELLATION AND TERMINATION

4.15 CANCELLATION AND TERMINATION - CONTRACT CANCELLATION AT TIME OF

RENEWAL

4.16 SPECIAL TERMS AND CONDITIONS - CATALOG AND PRODUCT LITERATURE

4.17 SPECIAL TERMS AND CONDITIONS - eCOMMERCE

4.18 SPECIAL TERMS AND CONDITIONS - SAMPLE CONTRACT

5 COST STRUCTURE AND PRICE SHEET INSTRUCTIONS

5.1 METHOD OF BID

5.2 PRICE SHEET INSTRUCTIONS

5.2.1 INSTRUCTIONS FOR PRICE SHEET A: CATEGORY A: SYSTEMS FURNITURE

AND ACCESSORIES

5.2.2 INSTRUCTIONS FOR PRICE SHEET B: CATEGORY B: PRIVATE OFFICE

FURNITURE AND ACCESSORIES

5.2.3 INSTRUCTIONS FOR PRICE SHEET C: CATEGORY C: SEATING

5.2.4 INSTRUCTIONS FOR PRICE SHEET D: CATEGORY D: DESKS AND TABLES

5.2.5 INSTRUCTIONS FOR PRICE SHEET E: CATEGORY E: FILING, METAL STORAGE

AND WOOD CASE GOODS

5.2.6 INSTRUCTIONS FOR PRICE SHEET F: CATEGORY F: SPECIAL ERGONOMIC

PRODUCTS

5.2.7 INSTRUCTIONS FOR PRICE SHEET G: CATEGORY G: CAFETERIA TABLES,

SEATING AND ACCESSORIES

5.2.8 INSTRUCTIONS FOR PRICE SHEET H: CATEGORY H: OUTDOOR FURNITURE

AND ACCESSORIES

5.3 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 BIDDER CONFERENCE

6.6 SUBMITTING A BID

6.7 ELECTRONIC BID SUBMITTAL (STRONGLY PREFERRED)

6.8 HARD COPY BID SUBMITTAL

6.9 EMAIL BID SUBMITTAL

6.10 FORMAT OF BID RESPONSE

6.11 INCURRING COSTS

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING

7.2 BID REVIEW

7.3 BID ACCEPTANCE

7.4 METHOD OF AWARD

7.5 BIDDER REFERENCES/CLIENT LIST

7.6 USE OF SUBCONTRACTORS

7.7 SUPPLIER DIVERSITY

7.7.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.7.2 VETERAN-OWNED BUSINESS

7.7.3 DISABLED VETERAN-OWNED BUSINESS

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7.8 WOMAN-OWNED BUSINESS ENTERPRISE

7.9 DEBARMENT

7.10 AWARD NOTIFICATION

8 REQUIRED FORMS

1 INTRODUCTION AND PURPOSE

The State as represented by the Department of Administration (DOA), State Bureau of Procurement (Bureau) intends to use the results of this process to establish mandatory statewide contract for furniture.

The contract resulting from this RFB will be utilized by approximately fifty (50) State agencies, boards and commissions as well as twenty-six (26) University of Wisconsin (UW) campuses. Cooperative purchasing groups (i.e., municipalities, school districts, tribal governments, etc.) also have the ability to use the contract. These groups are collectively referred to as "Authorized Users". Authorized User delivery locations are located throughout the State of Wisconsin.

During Calendar Year 2018 (January 1, 2018 - December 31, 2018) the State and UW Authorized Users spent approximately $6.6 million on the Statewide Office Furniture contract which only contained office furniture. This spend may fluctuate up or down depending upon the needs of Authorized Users. The State does not guarantee to purchase any specific quantity or dollar amount but anticipates future year's spend to be similar in size and scope. The new contract resulting from this solicitation will include additional furniture categories beyond only office furniture.

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1.1 DEFINITIONS

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

ACH: means Automated Clearing House, the electronic network for financial transactions.

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.

ANSI:

a source for standards and conformity assessments by the American National Standards Institute.

ARO: means "after receipt of order".

ASTM:

American Society for Testing and Material that develops international standards for materials, products, systems and services used in construction, manufacturing and transportation.

Authorized Dealer:

a qualified firm that has been designated by the furniture manufacturer as authorized to sell products and perform services under the contract resulting from this RFB. Authorized Dealers are considered Subcontractors under the terms of the contract resulting from this RFB and are subject to all rules, regulations, statutes etc., which relate to subcontractors.

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.

Average Order Time:

is a measurement of how long it takes to fulfill the order once a complete and final order is received by the Contractor.

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, Page 5 RFB#28313-CN 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 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.

BIFMA:

means the Business and Institutional Furniture Manufacturer's Association

BSI: Badger State Industries the State of Wisconsin prison industries

Bureau: State Bureau of Procurement

California Technical Bulletin 117:

Requirements, Test Procedure and Apparatus for Testing the Flame Retardance of Resilient Filling Materials used in Upholstered Furniture, March 2009 edition also known as TB 117 or

CAL 117.

Catalog:

the term used to describe the Bidder's full product line that the Bidder is willing to provide to Authorized Users.

CDT: Central Daylight Time

CFM: means Color, Material and Finish.

Commodity:

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

Contract:

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

Contract Administrator:

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

Contractor:

the person or entity that has been awarded the Contract as a result of this Bid, and who is required to provide equipment, materials, supplies, contractual services, or leasing real

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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.

Contractual Services or Services:

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

Cooperative Purchasing:

Wisconsin Statutes (s.1673 Wis. Stats.)

establish authority to allow Wisconsin municipalities to purchase from state contracts. A "municipality" is defined as any county, city, village, town, school district, or any other public body having the authority to award public contracts (s.1670(8), Wis.

Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.

Stats.

CST: Central Standard Time

Customer's Own Material (COM):

a material covering for a seating product or panel that is outside of the manufacturer's standard fabric and must be supplied by a third party. Where an option, COM must be specified by the end user and procured and tested by the manufacturer. The cost of the COM may be incorporated into the sell price of the product, but no other charges for use of COMs will be charged (e.g. service charge to test, procure, quote, etc.).

Dedicated Account Manager means a single point of contact who is knowledgeable in all aspects of the contract with the State of Wisconsin and provides customer support, technical assistance and general relationship management.

Department: Department of Administration also shown as

DOA

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Disabled Veteran Owned Business (DVB):

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

End User: Individual employee of an Authorized User who is using the contract.

Ergonomic:

means furniture which is designed to provide efficiency, adjustability and proper body alignment. Examples of products in this category include but are not limited to sit to stand furniture, seating, keyboard trays, etc.

Exceptional Circumstances:

For example, a complete refiguration of several floors that requires extensive redesign and new CAD drawings, etc.

FOB: Free on Board

Full Catalog:

means the Bidder's catalog of products plus any products that the Bidder sources directly from the wholesaler. The Bidder's "full catalog" includes all products that are available on the Bidder's ordering system.

GreenGuard:

refers to the industry-independent, third-party testing certification program for low-emitting products and materials administered by the GreenGuard Environmental Institute (GEI).

Group:

refers to a series of features or options which relate to a category. Groups are shown on the price sheets for the typicals used for cost comparison.

List Price:

means the price which the manufacturer recommends that the retailer sell the product.

Also known as MSRP.

Liquidated Damages:

damages that are agreed upon by the State and Contractor, or stipulated to, the actual damages that will result from a breach of the contract. Liquidated damages prevent controversy between the State and Contractor on the amount of damages that have occurred from the breach.

Market Basket:

for the purpose of this bid, a predetermined selection of items which will be used to determine the lowest annual cost.

Minority Business Enterprise (MBE):

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

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MSRP:

Manufacturer's Suggested Retail Price is the price a manufacturer recommends that the retailer sell the product. Also known as List Price.

Municipality:

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

Stats.).

Must:

Required that the Bidder complies with any requirement which contains the word "must".

Can be used interchangeably with the word "shall".

NFPA 260: National First Protection Association -flammability requirements for textiles.

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).

OEM:

means original equipment manufacturer, the company that originally manufactured the product.

Office Furniture:

commercial furniture which is designed and manufactured for commercial installations, as in office, waiting areas or lobbies, and consists of objects that are moveable, ergonomic and intended to support the various activities that occur in an office setting. Items such as systems furniture, cubicle walls, cubical wall mounted cabinet and shelving, freestanding desks and tables, storage, filing and case-good units, seating and the associated accessories that are used in the modern office.

Order Data:

means all data and information relating to Orders, including, without limitation, the specifics of a given transaction.

Primary Products:

The manufacturer's product line(s) which most closely match the specified office furniture category's respective price sheet and meets all mandatory minimum technical requirements

Page 9 RFB#28313-CN for that category.

Purchasing Card (p-card):

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

Procurement Specialist:

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

Procuring Agency:

The State Agency conducting the purchasing transactions

RFB: Request for Bid

Shall:

Required that the Bidder complies with any requirement which contains the word "shall".

Can be used interchangeably with the word "must".

State: means State of Wisconsin.

Supplier Site: means an Internet site operated and maintained by the Supplier

Typical:

refers to the prototypical drawing and list of components for each group which is used to equally compare and determine lowest cost of products between bidders.

UL: Underwriters Laboratories

UW means the University of Wisconsin

Volume Discount:

a percentage discount offered by the manufacturer to the buyer for purchasing a stated dollar amount of furniture products to be delivered at one time of over a specified period of time.

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1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

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

The objectives of this solicitation include:

1. Consolidate and leverage the purchasing power of State agencies and UW campuses to obtain competitive pricing, thereby creating significant cost savings to the State.

2. Reduce the State's administrative costs of managing and using the contract.

Establish a statewide contract that satisfies Authorized User's needs for quality furniture, excellent customer service and streamlined processes for administrative tasks such as ordering, returning products, billing and invoicing, etc.

The definition of furniture is generic in nature and is further defined in the subcategories provided below. The State's definition of Office Furniture, is commercial furniture which is designed and manufactured for commercial installations, as in offices, waiting areas or lobbies, and consists of objects that are moveable, ergonomic and intended to support the various activities that occur in an office setting. Items such as systems furniture, cubicle walls, cubicle wall mounted cabinets and shelving, freestanding desks and tables, storage, filing, and case-good units, seating and the associated accessories that are used in the modern office are considered office furniture for the purpose of this

RFB.

CATEGORY A: Systems Furniture and Accessories: Systems furniture, including monolithic and frame and tile, is a general term for panels, work surfaces, shelves and other items sold by a single manufacturer as a package for furnishing offices. Task lighting and other cubicle accessories are included in this category. Cubicles and open work environments are the items most often associated with systems furniture, but other open plan arrangements such as office landscape are included. May include some ergonomic options that compliment the systems furniture product lines.

CATEGORY B: Private Office Furniture and Accessories: Private office furniture category includes furniture which can be laminate and thermofoil, metal or wooden.

Task lighting and other accessories are included in this category. May include some ergonomic options that compliment the private office furniture product lines.

CATEGORY C: Seating: The seating category includes both ergonomic and non-ergonomic chairs, executive, task, guest/side, reception/lounge, conference room, stackable/foldable, stools and dollies.

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CATEGORY D: Desks and Tables: A desk/table is a freestanding unit having a work surface that is supported by legs or pedestals. In some instances, the unit will have drawers, doors or other storage elements. Free standing desks, adjustable tables, conference room tables, collaborative tables, flip-top tables, small office tables, side tables and dining tables are included in this category. This category also includes table dollies. May include some ergonomic options that compliment the desk and table product lines.

CATEGORY E: Filing, Metal Storage, and Wood Case Goods: The filing, metal storage and wood case goods category includes but is not limited to: bookcases, wardrobes, cabinets, free standing and mobile pedestals and wall mounted shelving.

This category does not include shelving units that are attached to system furniture cubicle walls. This category also includes fireproof files, blueprint storage, lockers and storage cubbies.

CATEGORY F: Special Ergonomic Products: This category includes furniture which is designed to provide efficiency, adjustability and proper body alignment. For example, sit to stand furniture, electronic and pneumatic legs/bases and other adaptive products which may or may not be part of the product offerings in the other categories outlined in the RFB. Additional ergonomic work station accessories, such as anti-fatigue mats, keyboard trays, monitor arms, etc. are included.

CATEGORY G: Cafeteria Tables, Seating and Accessories: Cafeteria tables and seating which are durable and stain resistant. Seating may be attached, wall mounted, freestanding, barstool, booths and fixed seating.

CATEGORY H: Outdoor Furniture and Accessories: This category includes picnic tables, outdoor seating, benches, bicycle racks and other furniture made from weather resistant materials.

Design Services: Design Services include but are not limited to; space planning, installation drawings , furniture migration strategies, reconfiguration of existing systems, assistance with furniture selection, and interior office design.

Installation Services: Installation Services include all labor required to disassemble, deliver, install, and otherwise finish an office installation or remodel project.

The following categories are specifically excluded from the scope of products and services on contracts which result from this RFB:

• Used or refurbished furniture of any kind

• Residential furniture (non-commercial grade)

• Library furniture (i.e., library kiosks or carrels)

• Laboratory furniture

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• Student housing furniture non-commercial grade) ( i.e., bedding, student desks)

• Student classroom furniture

• Dormitory furniture (i.e., beds, desks, wardrobes, etc.)

• Computer furniture and accessories

• Lecture hall and auditorium seating and accessories

DOA has developed Sustainable Facilities Standards in accordance with the Leadership in Energy and Environmental Design (LEED) certification program. Although these standards do not require LEED certification for State-owned facilities, they ensure that the State is achieving sustainable operation and maintenance in the following areas:

• Green cleaning

• Green purchasing

• Waste reduction

• Recycling

• Pollution prevention

• Energy and water efficiency

• Light pollution

Specifically related to furnishings, these guidelines promote the use of low emitting materials, recycled content and meet appropriate industry standards for sustainability.

For the purpose of this RFB and subsequent Contract, sustainable furnishings and equipment will be considered as such if the items meet or exceed the multi-attribute ANSI/BIFMA e3-2010 Furniture Sustainability Standards and are Level 1 certified or higher. The program includes several third-party entities who certify a product based on materials, energy and atmosphere, human and ecosystem health, as well as social responsibility. Consequently, Bidders are strongly encouraged to offer a variety of ANSI/BIFMA e3-2010, Level 1 certified furnishings.

The State intends to contract with original manufacturers only. Dealers of the original manufacturer may not respond to the RFB. Any bid response that is submitted by a Dealer shall not be considered for Contract award.

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1.2.1 OVERVIEW OF PROCURING AGENCY, BACKGROUND AND OBJECTIVES

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

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

1.2.2 BADGER STATE INDUSTRIES (BSI)

Badger State Industries (BSI) is the Wisconsin Department of Correction's prison industries program.

BSI provides vocational training and work skills development to participating inmates. While teaching sound manufacturing and production techniques to inmate employees, BSI brings quality products and services to state, county, municipal and nonprofit agencies.

Wisconsin Statute, Department of Administration, 16.75 (3t)(c) defines state agency requirements to purchase from prison industries. The Statute reads in part:

"The Department of Corrections shall periodically provide to the Department of Administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The Department of Administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the Department of Corrections is able to provide them at a price that is equal to or lower than one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications. If the Department of Administration or other purchasing agent is unable to determine whether the price of prison industries is equal to or lower than one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract."

The intention of Wis. Stats. 16.75 (3t) (c) is that Badger State Industries will be offered the opportunity to supply equipment they produce, before agencies may purchase elsewhere. DOA, Bureau of Procurement, contracts, issued to Badger State Industries, fulfill the intention of this statute.

The prime Contractor and Subcontractors (Authorized Dealers) must have an awareness of this state statute.

To view products produced by BSI visit www.buybsi.com.

http://docs.legis.wi.gov/document/statutes/303.01 http://docs.legis.wi.gov/document/statutes/16.71(1) http://docs.legis.wi.gov/document/statutes/16.75(6)(am) http://docs.legis.wi.gov/document/statutes/16.71(1) http://www.buybsi.com

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1.3 CONTRACT TERM

This Contract will run for an initial two (2) year period. The Procuring Agency and the Contractor, upon written mutual agreement, may renew the Contract for up to three (3) additional one (1) - year periods. The Contract shall be effective on the date it is executed by the Procuring Agency. 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 6 months for the purpose of completing a future solicitation or transition to a new contract(s). Contract conditions, terms, and pricing shall not be modified during such a month-to-month extension.

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 shall 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 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

1.6 COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of 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 Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities.

Bidder must complete Section 5: Wisconsin's Cooperative Purchasing Service on APPENDIX A: BIDDER REQUIRED FORM (DOA-3832) which is included in the Supporting Documents.

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1.7 RESPONDING TO BID REQUIREMENTS

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

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

Failure to meet a qualification will disqualify your Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

2 BIDDER QUALIFICATIONS AND REQUIREMENTS

All requirements in this section are mandatory and the proposer must meet them. Conditions of the RFB that include the word "must" or "shall" describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. The State reserves the right to delete any specifications or condition of the RFB. Failure to meet a mandatory performance requirement will disqualify your bid. This RFB document, any amendments, addenda and the awarded Bidder's bid as accepted by the State shall become the contract.

2.1 QUALIFICATION AND REQUIREMENT - YEARS IN BUSINESS

Bidder must be in the business of providing office furniture and accessories and must have done so for, at a minimum, the past 5 years. Mergers, acquisitions and business name changes of a bidder, with proper documentation, will be taken into consideration for purposes of determining the five-year minimum requirement.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

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2.2 QUALIFICATION AND REQUIREMENT - ORIGINAL MANUFACTURER

Bidder must be the original manufacturer.

Dealers of the original manufacturer may not respond to this RFB. Any bid response that is submitted by a dealer shall be rejected.

2.3 QUALIFICATION AND REQUIREMENT - CURRENT PRODUCTION

PRODUCTS

All products must be new and part of the manufacturer's current production products and/or be manufactured as a customized ("custom") product. Used, refurbished, prototype or discontinued products will not be accepted.

2.4 QUALIFICATION AND REQUIREMENT - DEDICATED ACCOUNT

MANAGER

Contractor must provide a dedicated Account Manager who is available to answer questions or concerns within 24 hours of initial contact. Contractor must also provide a replacement contact should the dedicated account manager be unavailable. If the dedicated Account Manager will be unavailable, Contractor must notify the Contract Manager a minimum of 24 hours in advance of scheduled absence and provide alternative contact information (i.e., name, email, telephone, etc.). The alternative contact must be able to act on behalf of the dedicated account manager.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. I submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

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2.5 QUALIFICATION AND REQUIREMENT - DEDICATED WEBSITE

Bidder shall develop and maintain a dedicated website containing contract information which will assist Authorized Users with product information, pricing and ordering information. The website shall contain, at a minimum, the following:

• Product offerings and options Commercial Price Book (currently approved by State, limited to the products awarded and with blocked categories/products shown as "blocked" or "unavailable")

• Maintain a list of Authorized Dealer information (contact, address, phone, email, etc.)

• Ordering instructions (The webpage will not be used for placement of orders - only for instructions on how to place orders)

• Warranty information

• Additional links may be included on the website to access additional information, i.e., product literature, Bidder's home page, etc.

Awarded Bidders must have the website implemented and fully functional within ninety (90) calendar days of a fully executed contract. The State shall approve the content of the website before the website is made available to Authorized Users.

Any revisions to the originally approved content of the website must be authorized in writing by the DOA Contract Manager prior to implementation of any changes. If unauthorized information is discovered on the website, the website may be suspended by the State until the information is revised. Except in the event of unforeseen technical interruptions or forces of nature, continued unavailability of the website may be grounds for contract termination.

Contractor shall keep all information on the website accurate and up to date. Failure to do so may be grounds for contract termination.

Website format, content, etc. will be determined at the time of contract negotiations/implementation. The official seal of the State of Wisconsin may not be used on the website, the Contractor and DOA Contract Manager will determine at the time of negotiations how the website will be branded.

Please Note: There are Bid Factors that relate to this requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a paper bid, Bid Factors can be downloaded from the Supporting Documents and included with your paper bid submission.

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.

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3.1 TECHNICAL REQUIREMENTS

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3.1.1 TECHNICAL REQUIREMENTS - REPORTING

The DOA Contract Manager and/or Authorized User or Agency, reserves the right, at no additional cost, to request customized reports upon request. The Contractor shall use commercially reasonable efforts to provide such reports in a reasonable time frame but no later than 10 business days from the time the request was submitted.

Contractor shall provide all reports in a Microsoft Excel format. The report formats and data elements to be reported on will be determined/confirmed at time of contract negotiations.

All reports shall be due on the 15th of each month in the months of January, April, July and October.

Failure to submit reports by the deadline may result in termination of the contract.

Reports must be submitted directly by the Contractor and shall include all required information for all dealers. Reports submitted from Contractor's Dealers will not be accepted.

Quarterly Sales/Usage Report Contractor must furnish, in an Excel format, quarterly sales/usage report to the DOA Contract Manager. Reports are due no later than the 15th day following the end of the previous quarter.

If no sales occurred for the quarter, a report reflecting "NO SALES" must be sent to the DOA Contract Manager. Contractors are to use the reporting template provided (See APPENDIX H:

REPORTING TEMPLATE FOR SALES/USAGE REPORT).

The report must contain, at a minimum, the following information:

• Name of agency/campus/cooperative

• Contract Number

• Dealer Name

• Order Number

• PO Number

• Order Date

• P-Card Used (Yes/No)

• Invoice Date

• Invoice Number

• Delivery Date

• Product Line Name/Description

• Product Category

• Unit of Measure

• List price per Unit of Measure

• Price List Name/Date

• Contract Discount % Applied

• Net price per Unit of Measure

• Quantity

• Extended Total Price for Project

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MBE Participation Report The MBE Participation report(s) provide information on the Contractor's activity with MBEs (tier 2 reporting).

Contractor must complete and submit APPENDIX F: (DOA-3234) MBE PARTICIPATION REPORT quarterly to the DOA Contract Manager. Reports are due no later than the 15th day following the end of the previous quarter. (See APPENDIX F: MBE PARTICIPATION REPORT template).

List of Active Catalogs/Price Lists Contractor must furnish, in an Excel format, a quarterly List of Active Catalogs/Price Lists to the DOA Contract Manager. Reports are due no later than the 15th day following the end of the previous quarter. (See APPENDIX G: ACTIVE CATALOGS/PRICE LIST template).

List of Authorized Dealers In addition to providing Authorized Dealer information on the dedicated website, the Contractor shall provide a list of the Authorized Dealers which have been assigned to service the State of Wisconsin contract. The List shall be provided using the template provided. (See APPENDIX

I: AUTHORIZED DEALER LIST).

3.1.2 TECHNICAL REQUIREMENTS - PRODUCT SPECIFICATIONS

Product Specifications are the requirements for all categories and are provided in the sections that follow. These product specifications are considered mandatory requirements. To be included on the contract the products bid, at a minimum, must meet these specifications. If a Bidder does not have an exact match to the minimum specification but believes that their product will meet the quality, form, fit and function, Bidder is requested to raise a question during the Question and Answer process to determine if their product will meet the State's requirement(s).

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3.1.2.1 PRODUCT SPECIFICATIONS - CATEGORY A: SYSTEMS FURNITURE AND

ACCESSORIES

For the purposes of cost comparison, typicals have been created for various levels of style, finishes and options for Systems Furniture and Accessories and have been identified as Group 1 and Group 2. Bidders must meet all mandatory Systems Furniture and Accessories specifications as shown below.

1. Monolithic acoustical panel system with hinged/connector, panel hung work surfaces, open and closed panel hung storage, and non-panel hung storage (i.e.

filing and wardrobes).

2. Must meet or exceed current ANSI/BIFMA Panel System Tests.

3. Must meet or exceed UL723 or ASTME84 and the National Fire Protection

Association Life Safety code 255.

4. Class A Fire Rated fabric.

5. Noise Reduction co-efficient (NRC) = .50 or greater/Sound Transmission Class

(STC) = 23.

6. Panels to be tackable or have an option for a tack board to be hung on the panel.

Panel fabric must be Class A fire rated and meet or exceed current ASTM and National Fire Protection Association (NFPA) Code.

7. Tack board fabric must be Class A fire rated and meet or exceed current ASTM and National Fire Protection Association (NFPA) Code.

8. Panels to be available in both powered and non-powered.

9. All electrical power components shall be certified UL listed.

10. Task lighting component shall be available with LED lamps.

11. Varying heights starting at 32" (+/-2") up to 80" (+/-2").

12. Varying widths starting at 12" (+/-1-3") up to 60" (+/-1-3") at 6" minimum increments

(if 12" not standard product must be manufactured as custom order).

13. The panel system shall allow for fastening a panel run to a wall.

14. Work surface depths of 18", 24" and 30" (+/-1-2"), widths beginning at 24" up to 84" at panel width increments.

15. Transition and Counter work surfaces shall be available

16. Work surface support components will allow height adjustability at 1" height increments.

17. Work surfaces shall be constructed of a 40 lb. density particleboard core or greater and be a minimum thickness of 1-1/4".

18. Work surfaces to include at least one (1) grommet hole with sleeve or one (1) knockout or integral shaped edge for wire pass-thru.

19. The Bidder must supply a complete line of storage as part of their open plan systems catalog offering to include, at a minimum: 1) Freestanding files (lateral and vertical); 2) bookcases; 3) storage towers; 4) Under-surface files (mobile, freestanding, supporting in a file/file and box/box/file configuration); 5) panel attached overhead storage (open shelf and enclosed).

20. All storage must meet or exceed current, applicable ANSI/BIFMA standards.

21. All metal storage units must be a minimum of 20 gauge cold rolled steel.

22. All metal storage units must utilize welded seamless construction with reinforced corners.

23. Storage accessory options must include, at a minimum, pencil drawers, drawer dividers and hanging rails.

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24. Storage options shall include at a minimum, metal and laminate.

25. Storage front options must include, at a minimum, flipper doors.

26. All storage shall be painted with one (1) coat of powder coat enamel, or similar process, that compliments the applicable work station.

27. All storage laminate tops must be a minimum 1-1/16" thick self-edged high-pressure laminate over a core of high-density particle board, where applicable.

28. All cabinets are equipped with an interlock safety mechanism, permitting only one drawer to be opened at a time.

29. Locking devices standard on all units. Locks shall have removable and interchangeable cores and plugs. Master key and core plug pullers must be available for all locking devices offered. A minimum of one key per lock shall be provided with each lock.

30. All storage must have counterweights where applicable.

31. File drawer load bearing must have a minimum capacity of 100 lbs.

32. Bookcase shelves shall be constructed of 20-gauge steel and be adjustable at 1" increments.

33. Each roll out shelf/drawer is equipped with fully-progressive ball bearings: two heavy duty, three-section suspensions, sound absorbers and shall not bounce-back or creep when drawer is closed.

34. Where provided, all receding doors shall have guiding mechanism fitted with nylon guides to prevent metal to metal contact to cabinet sides and closed doors.

35. Glides are accessible from inside the unit; four glides per lateral file or storage unit and two glides per vertical file.

36. File storage shall have full extension slide arm suspensions for full access to storage space.

37. Overhead storage must have both wall hung, and panel supported installations.

38. Frame construction type shall be rigid frame construction (min. 2" thick) and shall be constructed in such a manner that it will support handing on components, work surfaces, etc. with attendant loads, without warping, bending, flexing or breaking.

39. Panel and stacker options include solid, glazed, open or half-open panels. Fabric covering shall be applied smoothly and wrinkle free and the weave shall be straight with the panel. It shall be attached to frame by a method that will allow removal and replacement of fabric as required. No seams or fabric joints shall be visible in faces of panels unless required for special designs.

40. All products must have an identification tag/sticker affixed which includes the order number (if available), manufacturer's name, make, model number and the date of production.

In addition to all the general specifications mentioned above (1-38), the following specifications apply to Group 1:

39. Raceway Types: Base raceway to support power and tele/data cable requirements.

40. Work surface options shall include, at a minimum: Rectangular, Corner Unit Round, "U" or "D" shape, Corner Unit Squared, P-Shape.

41. Work Surface finishes shall be available in a variety of high-pressure laminates with a variety of work surface edge finish options.

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3.1.2.2 PRODUCT SPECIFICATIONS - CATEGORY B: PRIVATE OFFICE AND

ACCESSORIES

For the purposes of cost comparison, typicals have been created for various levels of style, finishes and options for Private Office products and have been identified as:

Group 1: Laminate and Thermofoil Group 2: Metal Group 3: Wood

Bidders must meet all the mandatory Private Office specifications as shown below.

General specifications for all Private Office Groups:

1. Work surfaces to include at least one (1) grommet hole with sleeve or one (1) knockout or one (1) channel.

2. Work surfaces shall be available in a variety of shapes to include at a minimum: 1) rectangular; 2) corner unit rounded; 3) "U" or "D" shape; 4) corner unit squared; 5) P-shape; 6) corner unit extended; 7) concave or irregular shapes.

3. Work surface shall have a leveling mechanism such as glides.

4. Base assemblies shall be attached to the underside of the work surface.

5. All electrical power components shall be certified UL listed.

6. Task lighting component shall be available with LED lamps.

7. Tack boards or tackable surfaces must be available.

8. Tack board fabric must be Class A fire rated and meet or exceed current

ASTM and National Fire Protection Association (NFPA) Code.

9. All components are to be finished on all sides.

10. All storage must meet or exceed, applicable ANSI/BIFMA standards.

11. Storage accessory options must include, at a minimum, pencil drawers, drawer dividers and hanging rails.

12. All cabinets are equipped with an interlock safety mechanism, permitting only one drawer to be opened at a time.

13. Locking devices standard on all units. Locks shall have removable and interchangeable cores and plugs. Master key and core plug pullers must be available for all locking devices offered. A minimum of one key per lock shall be provided with each lock.

14. All storage must have counterweights where applicable.

15. File drawer load bearing must have a minimum capacity of 100 lbs.

16. Each roll out shelf/drawer is equipped with fully-progressive ball bearings: two heavy-duty, three-section suspensions, sound absorbers and shall not bounce-back or creep when drawer is closed.

17. Glides are accessible from inside the unit; four glides per lateral file or storage unit and two glides per vertical file.

18. Where provided, all receding doors shall have guiding mechanism fitted with

Page 25 RFB#28313-CN nylon guides to prevent metal on metal contact to cabinet sides and closed doors.

19. File storage shall have full extension slide arm suspensions for full access to storage space.

20. Overhead storage must have both wall hung and work surface supported installations.

21. Storage options shall include, at a minimum, 1) metal 2) laminate and 3) wood veneer and be available in finishes that are coordinated with desking collections.

22. All storage laminate tops must be 1-1/16" thick self-edged high-pressure laminate over a core of high-density particle board, where applicable.

23. All products must have an identification tag/sticker affixed which includes the order number (if available), manufacturer's name, make, model number and date of production.

In addition to all of the above general specifications (1-23), the following specifications relate to Group 1 - Laminate and Thermofoil:

24. Storage options shall include, at a minimum, laminate and be available in finishes that will coordinate with desking collections.

In addition to all of the above general specifications (1-23), the following specifications relate to Group 1 - Laminate and Thermofoil and Group 3 - Wood:

25. Storage front options must include, at a minimum, cabinet doors.

26. All components to be finished on all sides.

In addition to all of the above general specifications (1-23), the following specifications relate to Group 2 - Metal:

27. Work surfaces shall be available in two work surface finishes at a minimum: 1) a variety of high-pressure laminates and 2) wood veneer.

28. Work surface frames supporting components shall be seam welded and constructed of 16-gauge tubular steel.

29. All steel desk components shall be painted with one (1) coat of power coat enamel.

30. All metal storage units must be a minimum of 20-gauge cold rolled steel and must utilize welded seamless construction with reinforced corners.

31. Storage front options must include, at a…