RFB_DOCUMENT_-_NITHS_RFB_-_28332-BD.pdf

REQUEST FOR BID

NON-IT TEMPORARY HELP SERVICES

Clerical and Labor Help for Assignments

Twelve Months or Less

RFB: 28332-BD

Issued: May 22, 2020 Responses Due: June 12, 2020 at 2:00 PM CST

Prepared By: Bruce Derge State Bureau of Procurement 101 E. Wilson St., 6t floor Madison, WI 53707

RFB 28332-BD BID DUE: JUN 12, 2020 2:00 PM CST

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 SCOPE OF THE REQUEST FOR BID

1.3 CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 WISCONSIN’S COOPERATIVE PURCHASING SERVICES

1.7 NUMBER OF CONTRACTS

1.8 PURCHASING PROCESS

1.9 ADDITIONAL COST COMPONENTS

1.10 RESPONDING TO BID REQUIREMENTS

2.0 MANDATORY BIDDER QUALIFICATIONS

3.0 MANDATORY REQUIREMENTS OF BID

3.1 POLICIES AND PROCEDURES

3.2 SECURITY OF INFORMATION

3.3 HOURS OF WORK

3.4 HOLIDAYS

4.0 SPECIAL TERMS AND CONDITIONS OF BID

4.1 FIRM PRICES

4.2 CONTRACTOR’S REPORT OF SALES

4.3 TRAVEL COSTS

4.4 INVOICE REQUIREMENTS

4.5 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX

4.6 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

4.7 LIQUIDATED DAMAGES

4.8 TERMINATION OF CONTRACT BY STATE

4.9 RESPONSE TIME

4.10 CONFIRMATION OF STAFF START

4.11 GENERAL SUPPORT AND CUSTOMER SERVICE

4.11.1 Post-Order Customer Service

4.11.2 Contractor’s Representative

4.12 ORDERING METHODS

4.13 AUTHORIZED USER TRAINING

4.14 TOBACCO PRODUCTS

4.15 DRUGS AND ALCOHOL

4.16 FRATERNIZATION

4.17 ORIENTATION AND TRAINING

4.18 SUBCONTRACTORS

4.19 REFERRAL AND CREDENTIALS

4.20 BACKGROUND CHECKS

4.21 AVAILABILITY

4.22 REPLACEMENT

4.23 CHANGE OF CONTRACTOR

4.24 PAYROLL FUNCTIONS

4.25 INSURANCE

4.26 BONDING

4.27 SECURITY AND IDENTIFICATION

4.28 ACTIVE RECRUITING

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

5.2 REQUESTING COST ADJUSTMENTS

6.0 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

6.6 WISCONSIN eSUPPLIER PORTAL *PREFERRED METHOD

6.7 CONTENT OF BID RESPONSE – eSUPPLIER ONLINE COPY

6.8 HARD COPY BID SUBMITTAL

6.9 CONTENT OF BID RESPONSE - HARD COPY

6.10 STATE OF WISCONSIN STANDARD TERMS AND CONDITIONS (DOA-3054) & STATE OF WISCONSIN

SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR PROCUREMENTS FOR SERVICES (DOA-3681) ... 22

6.11 EMAILED BIDS

6.12 FAXED BIDS

6.13 MULTIPLE BIDS

6.14 INCURRING COSTS

7.0 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 USE OF SUBCONTRACTORS

7.5 SUPPLIER DIVERSITY

7.5.1 Minority-Owned Business Enterprise

7.5.2 Disabled Veteran-Owned Business

7.5.3 Veteran-Owned Business

7.5.4 Woman-Owned Business Enterprise

7.6 SERVICES PERFORMED WITHIN THE U.S

7.7 AWARD NOTIFICATION

7.8 PROTEST AND APPEALS PROCESS

7.8.1 Protests

7.8.2 Appeals

8.0 REQUIRED ATTACHMENTS AND APPENDICES

8.1 ATTACHMENTS

8.2 APPENDICES

1.0 INTRODUCTION AND PURPOSE

Review this section to gain a general understanding of what the State of Wisconsin intends to purchase. Reviewing this section shall help determine the Bidder’s ability to meet the Wisconsin Procuring Agency’s needs.

1.1 DEFINITIONS

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

ITEM DEFINITION

AGENCY

means 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.

AUTHORITY means a body created under subch. II of ch. 114 or subch. III of ch.

149 or under ch. 231, 232, 233, 234, 235, 237, or 279.

AUTHORIZED USER

means any State Agency, University of Wisconsin campus, or other state or local public body authorized to use Statewide Contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8), 16.73 and

66.0301 of the Wisconsin Statutes and § PRO-502 of the State Procurement Manual.

BID

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

BIDDER means a person or firm that responds to this Request for Bid

COMMODITY

means 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

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

CONTRACT

ADMINISTRATOR

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

CONTRACT MANAGER

means 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

means 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.

http://docs.legis.wi.gov/document/statutes/subch.%20II%20of%20ch.%20114 http://docs.legis.wi.gov/document/statutes/subch.%20II%20of%20ch.%20114 http://docs.legis.wi.gov/document/statutes/subch.%20III%20of%20ch.%20149 http://docs.legis.wi.gov/document/statutes/subch.%20III%20of%20ch.%20149 http://docs.legis.wi.gov/document/statutes/subch.%20III%20of%20ch.%20149 http://docs.legis.wi.gov/document/statutes/ch.%20231 http://docs.legis.wi.gov/document/statutes/ch.%20232 http://docs.legis.wi.gov/document/statutes/ch.%20233 http://docs.legis.wi.gov/document/statutes/ch.%20234 http://docs.legis.wi.gov/document/statutes/ch.%20237 http://docs.legis.wi.gov/document/statutes/ch.%20279 https://doa.wi.gov/ProcurementManual/Pages/default.aspx https://doa.wi.gov/ProcurementManual/Pages/default.aspx

CONTRACTOR EMPLOYEE

means an individual provided to the State by the Contractor to perform temporary help services pursuant to a Contract issued under this RFB.

CONTRACTUAL SERVICES

OR SERVICES

means 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.

DISABLED VETERAN

OWNED BUSINESS (DVB)

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

DOA means Department of Administration

MANDATORY

means a Requirement labeled as such shall be present in the Bid submission, exactly as stated, or the submission will not be considered by the State of Wisconsin. The terms “must” and “shall” are considered Mandatory.

MINORITY BUSINESS

ENTERPRISE (MBE)

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

MUNICIPALITY

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

16.70(8), Wis.Stats.).

NOTICE OF (INTENT TO)

AWARD

means a writing issued by the Procurement Specialist notifying all Bidders of the Procuring Agency’s intent to award of a Contract to the successful Bidder(s).

PROCUREMENT SPECIALIST means the individual responsible for overseeing and administering the procurement process .

PROCURING AGENCY means the State Agency conducting the purchasing transactions.

REQUIREMENT

means a descriptive statement of the physical, functional and performance characteristics of the Commodity or service required by the Procuring Agency.

RFB means Request for Bid.

SBOP means the Wisconsin Department of Administration’s State Bureau of Procurement.

SPECIFICATION

means 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.

STATE HOLIDAYS

means New Year’s Day, Martin Luther King Jr. Birthday, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day, and New Year’s Eve

STATE means State of Wisconsin

1.2 SCOPE OF THE REQUEST FOR BID

The State of Wisconsin, Department of Administration, requests Bids for the purchase of clerical and labor temporary help services for assignments twelve (12) months or less, and intends to use the results of this process to award a Contract. The Bidders awarded Contracts will provide Statewide temporary help services on an as needed basis for any State Agency requesting the services. The resulting Contract(s) will be Mandatory use by State Agencies. Authorized municipalities may optionally utilize the Contract(s). The exact time and location for performance will be established for the Contractor by the State Agency requesting the services. 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.

From July 2017 to June 2018, Authorized User Contract expenditures totaled over $1,360,576. and from July 2018 to June 2019, expenditures totaled over $1,553,890. The expiring Contract 505ENT-M18- TEMPHELPSV-00, Non-IT Temporary Help Services (for Assignments Twelve (12) Months or Less), is available on VendorNet at:

https://vendornet.wi.gov/Contract.aspx?Id=f816f3d5-3460-e711-80fc-0050568c7f0f

Contractor information, rates and the user guide can be found under the Contract “Documents”.

A directory of Wisconsin State Agency purchasing offices is available at:

https://doa.wi.gov/Pages/StateEmployees/PurchasingDirectory.aspx

1.3 CONTRACT TERM

The Contract will run for an initial one (1) year period from July 1, 2020 through June 30, 2021. The Procuring Agency and the Contractor, upon written mutual agreement, may renew the Contract for up to an optional two (2) one (1) year renewal 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 RFB documents, the awarded Bidder’s response as accepted by the Procuring Agency and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

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 RFB. 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 shall be void. The Contract shall be effective on the date it is executed by the Procuring Agency. 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 new Contractor(s). Contract conditions, terms, and pricing shall not be modified during such a month-to-month extension.

1.5 ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB, all attachments, appendices, 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 a conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

• Final Signed Contract with clarifications included https://vendornet.wi.gov/Contract.aspx?Id=f816f3d5-3460-e711-80fc-0050568c7f0f https://doa.wi.gov/Pages/StateEmployees/PurchasingDirectory.aspx

• Official purchase order

• Bid Response as accepted by the State

• RFB

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

• RFB

1.6 WISCONSIN’S 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.

* Reference Attachment C, Bidder Form DOA-3832, Section 5

1.7 NUMBER OF CONTRACTS

It is the intent of the State of Wisconsin to enter into multiple Contracts for non-IT temporary help services in each county/region. This is necessary to ensure that services are available when needed throughout the regions. The number of Contracts usually depends upon the population and location of the county/region.

1.8 PURCHASING PROCESS

For the purpose of this RFB, the State has been divided into eight (8) regions along county lines, *Reference Appendix A, Counties By Region. Bidders must be able to provide temporary help services personnel to any location, regardless of the Agency, within each region for which they submit pricing.

Authorized Users will place their own orders with the Contractor. After Contract award, the Contractor will interact with Authorized Users on a day-to-day basis for specific issues relating to responsiveness, security, training, and similar concerns.

1.9 ADDITIONAL COST COMPONENTS

Contractors shall not charge Authorized Users for exceeding the base service level unless the Authorized User has specifically requested and received a higher level of service. For instance, Contractor(s) may be able to meet a lower response time, but there shall be no charge for doing so unless Authorized Users specifically request it in advance of an order. In addition, Contractors shall not invoice service fees or additional costs to the State or Authorized Users during the term of the Contract issued under this RFB. For instance, there will be no “small order”, “minimum order”, “special order”, or fuel charges or surcharges.

1.10 RESPONDING TO BID REQUIREMENTS

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

If no single Bidder is able to meet an individual Mandatory qualification or Requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the qualification or Requirements in this RFB.

2.0 MANDATORY BIDDER QUALIFICATIONS

All Bidder qualifications in this section are Mandatory and shall be met at no additional cost above the costs provided in the Bid.

• Bidder must be in the business of providing temporary help services and must have been in business for at least two (2) years, immediately prior to submitting Bids on this RFB, supplying customers the same services or equivalent services.

• Bidder must be able to provide services at the locations as self-identified on the Non-IT

Temporary Help Services Pricing, *Reference Attachment A, Cost Sheet.

3.0 MANDATORY REQUIREMENTS OF BID

All Requirements in this section are Mandatory and shall be met at no additional cost above the costs provided in the Bid. All Specifications are defined as minimum Mandatory Requirements unless otherwise stated. Bidder must use the Bidder Checklist, *Reference Attachment B, Bidder Checklist to respond to this section. Failure to meet any Mandatory Requirement will result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual Mandatory Requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the Requirements specified in this RFB.

3.1 POLICIES AND PROCEDURES

Contractor and Contractor employees shall comply with all federal, State and local laws regarding working conditions, hours of employment, overtime regulations, and methods of payment. Contractor shall perform work in compliance with all applicable federal, State and local laws, codes and regulations including the Civil Rights Act, the Americans with Disabilities Act, the Occupational Safety and Health Act, and the Family and Medical Leave Act.

All Contractor employees shall conform to the policies and procedures of the Authorized User for which they are working. These policies will be available to the Contractor at the time of the hire of temporary help services.

3.2 SECURITY OF INFORMATION

Contractors and/or subcontractors shall keep all documents and information provided by the State strictly confidential. At the Authorized User's option and with prior notice by the State, the Contractor shall return to the State all original documents and data files provided by the State.

The Contractor shall not reproduce or remove any document from the State premises without prior authorization by the State.

Any open records request received by a Contractor shall be redirected to the Contract Manager and the Authorized Users representing the accounts subject to the open records request.

3.3 HOURS OF WORK

Contractor shall bill the Authorized User only for the number of hours the individual actually works on the State premises or approved remote locations and for up to one 15 minute break time for each four-hour period worked, provided that the break does not occur at the beginning or at the end of the assignment or work shift; and that the individual does not leave the premises if not working remotely.

A 30 or 45 minute lunch break which is not paid by the State is determined by the Authorized User.

The Authorized User shall pay only for time spent on official State business providing services and shall not reimburse mileage, travel time to or from work, wash-up time, mealtime and any other add-ons or expenses.

Temporarily assigned individuals will not work overtime unless approved in writing in advance by the Authorized User.

3.4 HOLIDAYS

The Authorized User shall pay the overtime bill rate only for hours worked on days recognized as holidays by the State. Recognized State Holidays:

• January 1 (New Year’s Day)

• Third Monday in January (Martin Luther King Jr. Day)

• Last Monday in May (Memorial Day)

• July 4 (Independence Day)

• First Monday in September (Labor Day)

• Fourth Thursday in November (Thanksgiving Day)

• December 24 (Christmas Eve)

• December 25 (Christmas Day)

• December 31 (New Year’s Eve)

4.0 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 shall occur only if the change is in the best interest of the State.

4.1 FIRM PRICES

All pricing will remain firm for the first twelve (12) months of the Contract, after which the Contractor may request a price increase, which will be subject to approval by the SBOP. The Contractor will be required to submit proper justification, along with appropriate documentation, with each request for a price increase thirty (30) days before the desired effective date of the change. A price increase will only be entertained thirty (30) days in advance of the anniversary date of the Contract. All increases are subject to approval by the SBOP. The SBOP reserves the right to reject any price increases deemed to be excessive or unjustified. If allowable, rate increases will be valid for the next Contract year period.

Similarly, the State has the right to request price decreases based on existing market conditions. The State will notify the Contractor(s) of its intentions to decrease prices and provide appropriate documentation. The Contractor(s) and the State shall work together to determine the appropriate amount of the decrease. These price decreases will be limited to once in a twelve (12) month period.

4.2 CONTRACTOR’S REPORT OF SALES

Contractor shall provide monthly reporting that contains detailed information for each assignment.

Reports are to be provided by the 15th of each month, reporting transactions that took place during the prior month. At any appropriate time thereafter, additional reports may be agreed upon. All reports shall be forwarded electronically via e-mail in a spreadsheet format to a designated Contract Manager at the SBOP.

Specifically, typical data fields to be reported for each item purchased are as follows. These may be revised at the time of signing of the Contract.

• Agency/institution/municipality/public body making the purchase

• Purchase order number

• Purchase order date

• Invoice number

• Invoice date

• Contractor employee name(s)

• Region in which work was performed

• Job classification

• Regular/overtime hours worked

• Bill rates

• Extended price

• Assignment start and end dates

4.3 TRAVEL COSTS

In the event an individual is required to travel, the only reimbursable travel costs authorized are those that are incurred for official State business and authorized in writing in advance by an Authorized User.

Reimbursement will be at the prevailing State of Wisconsin Travel Rates.

4.4 INVOICE REQUIREMENTS

All invoices shall reflect the prices and discounts established for the items on this Contract for all orders placed by Authorized Users, even though the Contract number and/or correct prices may not be referenced on each order.

The State is required by law to meet a statutory mandate to pay or reject invoices within thirty (30) days of receipt by Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per the Contract(s) provisions. Only properly submitted invoices shall be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices shall be itemized showing:

• Contractor name

• Contractor employee name

• Purchase order number

• Release number if given

• Date of order/release

• Job Classification

• Regular/overtime hours worked

• 1st, 2nd, 3rd shift weekday hours worked

• 1st, 2nd, 3rd shift weekend hours worked

• 1st, 2nd, 3rd shift holiday hours worked

• Bill rates

• Extended prices

• Discounts

• Agency/Institution name https://dpm.wi.gov/Documents/BCER/Compensation/PocketTravelGuide.pdf

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

• Invoice total

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

Each invoice shall contain only those items covered by the purchase order designated on that invoice.

All invoice prices shall be stated in the same units as the units shown on the Non-IT Temporary Help Services Pricing, *Reference Attachment A, Cost Sheet. Invoices not meeting the above criteria may disqualify Contractor from future solicitations.

4.5 TAX EXEMPTIONS AND CERTIFICATION OF COLLECTION OF SALES AND USE TAX

The State of Wisconsin shall not enter into a Contract with a vendor, and reserves the right to cancel any existing Contract, if the vendor or Contractor has not met or complied with the Requirements of §.77.66 Wisconsin Statutes, and related statutes regarding certification for collection of sales and use tax.

4.6 DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

Any material submitted by the vendor in response to this RFB that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on Bidder Form DOA-3832, Section 4, Designation of Confidential and Proprietary Information. Bid prices cannot be held confidential.

* Reference Attachment C, Bidder Form DOA-3832, Section 4

4.7 LIQUIDATED DAMAGES

Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to carry out the responsibilities of the Contract. Because of that, the Contractor acknowledges that for the Contract(s) resulting from this Request for Bid, it will negotiate liquidated damages, as required by the State, for the Contract(s). The Contractor agrees that the Agency 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.

4.8 TERMINATION OF CONTRACT BY STATE

The State Bureau of Procurement may terminate for no reason, all or part of this Contract by giving the Contractor(s) no less than thirty (30) days written notice of termination.

4.9 RESPONSE TIME

The Contractor shall respond to all general communications no later than the next business day.

4.10 CONFIRMATION OF STAFF START

The Contractor shall contact the Authorized User within thirty (30) minutes after the Contractor employee’s scheduled starting time to confirm the individual’s arrival and at the end of the first day of the assignment to discuss matters related to the individual’s work.

4.11 GENERAL SUPPORT AND CUSTOMER SERVICE

4.11.1 Post-Order Customer Service

The Contractor shall provide all of the designated Authorized Users a single, local point of contact (and a backup) to handle questions and resolve problems that arise. At least one Customer Service Representative shall be available during Contractor’s operating hours. All service representatives shall have online access to information to provide immediate response to inquiries concerning the status of orders (shipped or pending), delivery information, back-order information, statewide Contract pricing, Contracted product offerings/exclusions, Contract compliance Requirements, and general product information. Representatives should be available by e-mail, fax, or phone (local or 800 number preferred).

4.11.2 Contractor’s Representative

The Contractor must clearly designate a primary representative to provide on-going communication, coordinate service with the Contractor employee, answer questions and expedite service. Primary representative shall be available to Authorized Users during State business hours. Contractor employees (not necessarily primary representative) shall also be available by phone during early morning or after hours, including weekends.

4.12 ORDERING METHODS

Contractors shall have local Wisconsin telephone numbers available for Authorized Users located around the State, or a toll free (800) number, or agree to accept collect calls. Each Authorized User shall be responsible for placing its own orders, which may be accomplished by written purchase order, telephone, fax, or computer online systems.

Bidder shall assume the cost of setting up, maintaining, and providing any necessary user training on bidder’s order systems or databases.

4.13 AUTHORIZED USER TRAINING

If requested, Contractor shall provide necessary training and documentation for any ordering software or system to Authorized Users at no cost.

4.14 TOBACCO PRODUCTS

The use of tobacco products at State facilities and on State grounds is prohibited unless otherwise indicated. Contractor employees will refrain from using tobacco products while providing services on-site. Disregarding the facilities’ policies concerning the use of tobacco products may result in a fine and immediate expulsion of the offending Contractor employee from the State’s facility.

4.15 DRUGS AND ALCOHOL

All Contractor employees assigned to a State Agency are prohibited from using controlled substances and/or alcohol two (2) hours prior or during an assignment, nor can they be under the influence while on the job. If the employee manifests evidence of use of controlled substances and/or alcohol, a voluntary drug-screening/alcohol test will be performed at the cost of the Contractor. If the employee refuses the test, the Authorized User has the right to refuse the Contractor employee the right to remain on the premises or prohibit the Contractor employee from returning to the facility.

4.16 FRATERNIZATION

Contractor and Contractor employees shall not entertain any relationship of any sort with any State employee or any person under the charge of the State unless this relationship corresponds to a direct contact necessary for the completion of the Contractor employee’s duties. Contractor employee shall immediately notify Contractor and Authorized User should such a relationship already exist with any person located at the assigned facility. State Agencies with more specific Requirements will provide the Contractor employee(s) with a Fraternization Policy form to be signed prior to any work being performed.

4.17 ORIENTATION AND TRAINING

Contractor employees whose services are purchased by an Authorized User may be subject to a minimum amount of orientation and training in connection with the layout of the facilities and services provided by the Authorized User. The costs of these orientations shall be the responsibility of the Contractor as this training qualifies as on the job training.

4.18 SUBCONTRACTORS

All subcontractors of the Contractor used to provide temporary services to the State under this Contract must be approved by the State. Contractor shall be responsible and liable for the work and actions of the subcontractor. Subcontractors must abide by all terms and conditions of the Contract.

4.19 REFERRAL AND CREDENTIALS

Contractor shall refer only staff who are qualified and competent to perform the functions of the assignments, in accordance with the job descriptions and who have appropriate grooming for the assignments. The list of sample duties is intended as a guide for each job category. An Authorized User may assign other similar duties. Contractor shall pre-screen and test staff, where appropriate, to ensure that it refers only those individuals who have the education and/or experience required for the assignment requested. Contractor shall refer only individuals who are able to read and accept verbal instruction in English and who shall accept instructions to perform work as directed.

4.20 BACKGROUND CHECKS

Before a Contractor employee is allowed to begin work, the Contractor must obtain a criminal arrest and conviction record from the Wisconsin Department of Justice for each employee assigned to the Contract. Such checks are done through the Wisconsin Department of Justice. Information is available at: Wisconsin Online Record Check System. Background checks shall be conducted at the Contractor’s expense. Contractor shall provide proof of criminal background checks, dated less than one (1) year from the beginning of the assignment, to the State upon request. Any and all Contractor employee files shall be made available to the State for this purpose, without exception, but shall remain in the possession of the Contractor. The Contractor must provide the State with the records of any Contractor employees who have an arrest or conviction record for screening. The Contractor shall provide verification of any disciplinary action taken as a result of its employees' performance at any Authorized User facility if requested by the State.

Some agencies may require a more thorough background check. These background checks will be performed by the Agency at no charge to the Contractor. To facilitate the process, Contractor employees shall complete a background/conviction record form provided by the Agency. Contractor employee may not begin working until the background check has been completed and the Contractor employee has been cleared to work at the facility.

If a Contractor employee becomes the subject of an investigation, is charged with or convicted of a crime while performing an assignment for the State, Contractor shall notify the Authorized User and the Contract Manager within one (1) business day of the beginning of the investigation, the charge or the conviction.

4.21 AVAILABILITY

Each Contractor shall confirm or decline an Authorized User’s request for temporary help within twenty-four (24) hours or as designated by the Authorized User.

The State prefers to award a Contract to Contractors who can provide employees and backup utilizing the same staff for the entire Contract period in order for the State to avoid repeated orientation of the Contractor employees, as well as to provide continuity.

https://www.doj.state.wi.us/sites/default/files/dles/cib-forms/record-check-unit/Online%20Record%20Checks%207-jan-19.pdf

A standard list of Contractor employees shall be developed, and all pertinent information requested by the State shall be verified prior to services rendered. This list shall be adhered to whenever possible during the term of the Contract.

The State reserves the right to remove a Contractor or have the Contractor remove its employee(s) for lack of acceptable performance or availability. Contractors that repeatedly fail to provide at least one employee for routine scheduling may be dropped from the list. If individual Contractor employees are found to be negligent or performing below acceptable standards, the State shall require the Contractor to replace them.

4.22 REPLACEMENT

If the Authorized User is dissatisfied with the performance of the Contractor’s staff at any time, the Contractor shall replace the individual with another qualified individual for the assignment within twenty-four (24) hours. The Authorized User’s request for another individual is not a recommendation to the Contractor to dismiss the individual. Contractor’s failure to replace the Contractor employee within twenty-four (24) hours will result in the assessment of liquidated damages in the amounts determined in section 4.7 of the Special Terms and Conditions of Bid.

4.23 CHANGE OF CONTRACTOR

The State reserves the right of an Agency to change Contractors at any time and for any reason.

Contractor shall agree to continue providing acceptable service during any transition period.

Contractor shall agree to assist an Authorized User with the transition planning to a different Contractor. Contractor shall agree to make available at no additional cost, all software, software applications, file formats, and documentation necessary for the State to easily transition to a different Contractor.

4.24 PAYROLL FUNCTIONS

The Contractor shall be responsible for the payment of all state, federal, and social security taxes. The State shall not withhold or pay on behalf of any Contractor any sums for income tax, unemployment insurance, social security, or any other withholding for Contractor employees pursuant to any law or Requirement of any government body. All such payments, withholdings and benefits, if any, are the sole responsibility of the Contractor. The Contractor shall hold the State harmless from any and all loss or liability arising from any tax, social security payment or benefit, unemployment or worker's compensation insurance payment, or any payment or withholding required by State or federal law.

4.25 INSURANCE

The Contractor shall be responsible for all State and federal unemployment compensation, worker’s compensation insurance, and professional liability insurance in accordance with Wisconsin Statutes § 655.23, State Procurement Manual § PRO-607 and the University of Wisconsin System Risk Management Manual. Should the Requirements differ among the three documents, the most stringent Requirement shall prevail.

4.26 BONDING

The Contractor shall pay for any loss resulting from any dishonest or criminal act committed by its Employees.

4.27 SECURITY AND IDENTIFICATION

Security concerns vary Statewide, but are especially important at correctional facilities and certain Department of Health Services facilities. Contractors’ and subcontractors’ employees shall comply with the security Requirements at each facility. Authorized Users are responsible for alerting the Contractor https://doa.wi.gov/ProcurementManual/Pages/PRO-607.aspx https://www.wisconsin.edu/risk-management/manual/ https://www.wisconsin.edu/risk-management/manual/ to these Requirements before or while placing their first order. The Contractor shall comply with all security and identification procedures at each location, at no cost to Authorized Users.

Common security restrictions include:

• Identification All of the Contractor employees, while working on State property, shall carry or display acceptable identification. Requirements vary by Authorized User. For instance, some facilities require a visible photo-ID badge, while correctional facilities may require a valid driver license instead.

• Vehicle Security

In many locations, drivers must turn off vehicle motors and lock cab doors whenever their vehicle is unattended.

Within the secured facility, contraband items are prohibited in the vehicle as well as on the person.

Contraband items include, but are not limited to, drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocketknives and razor knives, unless a part of an inventoried toolbox.) Toolboxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security; however, illegal items may not be returned.

4.28 ACTIVE RECRUITING

Neither the State nor the Contractor shall actively recruit any employee of the other party performing any of the services within the scope of this Contract.

This provision shall not prevent a Contractor employee from seeking employment with the State under the State’s civil service hiring practices and procedures.

5.0 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

The Bidder shall submit a unit cost (both Regular and Overtime) for all the position Titles/Levels and a totaled dollar amount (only Regular) for the Class/Lot per Region that the Bidder is bidding on.

Overtime pricing is for information only, and will not be considered in the class/lot total for award purposes. Costs shall be in U.S. dollars to two (2) decimal points. In the event of errors in calculation, unit cost shall prevail. Bidders may not alter the price sheet in any manner. Alternate pricing formats will not be accepted and may result in disqualification of the Bid. *Reference Attachment A, Cost Sheet

For additional information on each job classification for bidding purposes, *Reference Appendix B, Descriptions of Job Classifications.

For additional information on each Region description for Bidding purposes, *Appendix A, Counties by Region.

5.2 REQUESTING COST ADJUSTMENTS

Bid cost shall remain firm for the initial Contract period. Any cost increases after the initial Contract period shall be received in writing ninety (90) days prior to renewal date and be mutually agreed upon by the Procuring Agency and the Contractor. Any request for increases shall be limited to documented cost increases to the Contractor.

Any cost decreases from the manufacturer or supplier that are passed through to the Contractor, are required to be passed to the Procuring Agency within thirty (30) days of the effective date of the cost decrease.

6.0 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

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

DATE EVENT

May 22, 2020 Date of issue of the RFB

May 29 , 2020 Date for submitting written questions

June 5, 2020 Estimated date of posting questions and answers

JUNE 12, 2020 2:00 PM CT BID DEADLINE: *BIDS DUE FROM BIDDERS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procurement Specialist representative named below of the issue in writing.

Bidders are expected to raise any questions or clarifications concerning the RFB document by May 29, 2020. The Wisconsin eSupplier Portal is the preferred method for submitting questions and/or clarifications.

Email is also accepted for the submission of questions and/or clarifications and shall refer to RFB 28332-BD and be directed to Bruce Derge at bruce.derge@wisconsin.gov.

Any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and posted to the Supporting Documents. Bidder questions asked within the Wisconsin eSupplier Portal do not appear on the document that contains outside Wisconsin eSupplier Portal questions.

It is the Bidder’s responsibility to check the Wisconsin eSupplier Portal for any questions and answers pertaining to this RFB.

If 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 Bruce Derge is strictly prohibited during the period from the date this RFB is released until the date the Notice of Intent to Award is issued. Bruce Derge 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 Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

6.3 REASONABLE ACCOMMODATIONS

Upon request, the Procuring Agency shall provide reasonable accommodations, including the provision of informational material in an alternative format, for individuals with a disability. If accommodations are needed, please contact: Bruce Derge at bruce.derge@wisconsin.gov.

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. Fax and emailed Bids shall not be accepted.

Bidders may submit their Bid responses via any of the following two methods

• eSupplier Portal *Preferred Method

• Hard Copy (Mail or Hand Delivery)

6.6 WISCONSIN eSUPPLIER PORTAL *PREFERRED METHOD

Respond as directed herein and in the pages presented in the Wisconsin eSupplier Portal for this RFB.

The State has developed questions that provide online guidance for an electronic response to the RFB.

If responding electronically, do not submit a hard copy of any materials unless 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 and reviewed by the State. Only clicking “Save” does not submit the Bid response; therefore, it shall not be received nor reviewed by the State.

eSUPPLIER SUBMITTAL BID: SUBMITTAL PORTAL

ITEM DESCRIPTION

1 One Cost Sheet - eSupplier Online Copy

2 One Bidder Checklist - eSupplier Online Copy

3 One Bidder Required Form - eSupplier Online Copy

Entering Bid Response Submittal into eSupplier Portal

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

• File names must be no longer than 64 characters, including the file extension (e.g., “.docx”) and cannot contain special characters (e.g., commas or percent signs).

• The maximum file size is 80MB.

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

• Bidder may only upload a single file in response to a question. Uploading additional files will overwrite the previous upload. If the Bidder has a need to attach multiple files, the Bidder will either consolidate the documents into a single file, or will need to upload one in response to https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST&wimsg=Logo https://doa.wi.gov/Pages/DoingBusiness/BidsProposals.aspx the question and upload the rest using the Upload File button on the Submit Online Response page.

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

6.7 CONTENT OF BID RESPONSE – eSUPPLIER ONLINE COPY

The RFP sections to be responded to and submitted are the following:

COST SHEET: ATTACHMENT A

Download Cost Sheet (Attachment A) from eSupplier and follow all the listed instructions, enter Bidder’s Company Name, enter cost information, then “Upload File” back into eSupplier with the completed Attachment A by the Bid Deadline.

COST SHEET: Provide cost information on Cost Sheet, *Reference Attachment A, Cost Sheet.

PDF documents are not permitted for the Cost Sheet. All cost for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions of this RFB. No alternate cost formats shall be accepted. Alternate cost formats may eliminate consideration for this Bid.

BIDDER CHECKLIST: ATTACHMENT B

Download Bidder Checklist (Attachment B) from eSupplier and follow all the listed instructions, enter Bidder’s Company Name, then “Upload File” back into eSupplier with the completed Attachment B by the Bid Deadline.

BIDDER CHECKLIST: Bidders shall complete all Bid Requirement on Attachment B, *Reference Attachment B, Bidder Checklist. Failure to meet any listed Bid 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. By marking these boxes, the Bidder is acknowledging the ability to meet and comply with the Bid Requirements.

BIDDER REQUIRED FORM: ATTACHMENT C

Download Bidder Required Form (Attachment C) from eSupplier and follow all the listed instructions, sign and date, then “Upload File” back into eSupplier with the completed Attachment C by the Bid Deadline.

BIDDER REQUIRED FORM: Complete and Sign Bidder Required Form, DOA-3832, *Reference Attachment C, Bidder Required Form. Bids(s) submitted in response to this RFB shall be signed by the person in the Bidder’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 an ‘agent’ for the person responsible for the decision on pricing. If applicable, be sure to check the appropriate box indicating that the Bid is being submitted by a Wisconsin-certified MBE or DVB in Bidder Identification Form, Section 6.

By submitting a signed Bid, the Bidder’s signatories certify that in connection with this procurement:

• The Bidder’s organization or an agent of the Bidder’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.

• The prices quoted in the Bid have not been knowingly disclosed by the Bidder’s organization or by any agent of the Bidder’s organization and will not be knowingly disclosed by the same, directly or indirectly, to any other respondent or to any competitor.

• No attempt has been made or will be made by the Bidder’s organization or by any agent of the Bidder’s organization to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

A description of each section in the Bidder Required form is listed below:

• Section 1: Bidder Information

• Section 2: Bidder Contacts

• Section 3: Bidder References

• Section 4: Designation of Confidential and Proprietary Information

• Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

• Section 6: Bidder Identification

• Section 7: Bidder…