RFB DOJ 2018-02 BID Document.pdf

STATE OF WISCONSIN

DEPARTMENT OF JUSTICE

Bureau of Budget and Finance

PO BOX 7857

17 West Main St., 8th Floor

Madison, WI 53703

Request for Bid No. DOJ 2018-02

Printing and Delivery of Supreme Court Briefs

Bids Due:

September 22, 2017, 2:00 p.m. CT

Signature Page - Return with your bid

REQUEST FOR BIDS

No. 2018-02

THIS IS NOT AN ORDER

Bid envelope shall be sealed and plainly marked in lower corner with due date and Request for Bid number DOJ 2018-02. Late bids shall be rejected. Bids shall be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office shall be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office.

Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids shall be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified.

Records shall be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder shall contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

Bids shall be sealed and addressed to:

Wisconsin Department of Justice Attn: Monette McGuire Bureau of Budget and Finance 17 West Main St., 8th Floor Madison, WI 53703

Fax and e-mail bids are not accepted Bidder to complete this section:

BIDDER (Name and Address)

DUE DATE: Bids shall be received and time stamped no later than:

September 22, 2017 at 2:00 p.m. CT Issue Date:

August 23, 2017 Name (Contact for further information)

Roque de Macedo Phone:

(608) 264-6216

Email:

demacedoamarantear@doj.state.

wi.us

DESCRIPTION

Printing and Delivery of U.S. Supreme Court Briefs

Per Wis. Stats. S. 35.56(4) The specifications shall provide that the work will be performed within the plant of the contractor printer unless excepted by the department. Bidder affirms all printing will be performed within the bidder’s plant and only special finishing functions approved by the department may be subcontracted.

THIS BOX MUST BE CHECKED TO BE CONSIDERED AS AN ALIGIBLE BIDDER

We claim Wisconsin certified disabled veteran-owned business preference. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED disabled veteran-owned business. Bidder shall be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson St., 6th Floor, Madison, WI 53703, (608) 261-2510. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process shall be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We shall comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print)

Title

Phone: ( )

Signature of Above

Date

Fax: ( )

E-mail

TABLE OF CONTENTS

Sections: Page

Section 1: General RFB Information and Instructions 1

Section 2: Scope of Work and Contract Requirements 6

Section 3: Bid Content and Submittals 11

Sections 4 & 5: Bid Requirements 13

Bid Submittals:

Appendices: Separated Files

Exhibits: Separate Files

Exhibit A Description of Good & Services and Additional Terms & Condition

Exhibit B Security, Technical and Functional Requirements: Bidder Response

Attachments: Separate Files

Attachment A Standard Terms and Conditions for State of Wis. Printing (RFP/RFP)

DOA-3604(R01/2002)

Attachment B Supplemental Standard Terms and Conditions for Procurements for Services DOA-3681

Attachment C Sample Contract for Professional Services

Attachment D Confidentiality Agreement

Attachment E Definition

1. Bid Price Sheet - Appendix A

2. RFB Cover Page - Signature Page – Appendix B

3. Vendor Information – Appendix C

4. Vendor References – Appendix D

5. Wisconsin Cooperative Purchasing Service (DOA-3333) – Appendix E

6.

Designation of Confidential and Proprietary Information (DOA-3027) – Appendix F

7. RFB Receipt and Submittal Checklist – Appendix G

8. Bidder Questionnaire - Appendix H http://vendornet.state.wi.us/vendornet/doaforms/doa-3681.doc

RFB No DOJ 2017-02 Printing and Delivery of U.S. Supreme Court Briefs Page 1 of 13

SECTION 1: GENERAL RFB INFORMATION AND INSTRUCTIONS

1.1 Purpose

The State of Wisconsin, Department of Justice, is soliciting bids from qualified vendors for PRINTING:

PREPARARION AND DELIVERY OF U.S. SUPREME COURT BRIEFS AND APPENDICES in accordance with the guidelines for document preparation as written in the “Rules of the Supreme Court of the United States” Adopted April 19, 2013, Effective July 1, 2013.

The purpose of this document is to set forth the requirements and procedures, as described in the request for bid document and in Exhibit A, Description of goods and services, for interested parties to prepare and submit a response to this RFB. This RFB includes introductory information, describes the scope of work and contractual terms required and sets forth the submittal requirements.

The DOJ intends to use the results of this process to award a multi-term contract for Printing, and Delivery of U.S. Supreme Court Briefs.

1.2 Request for Bid Calendar

These dates are for planning purposes. They represent the DOJ’s desired schedule for executing the events of this bid and contract process. Any revision to the Due Date for submission of bids will be made by addendum.

All other dates marked with an “*” may be adjusted without formal notice, as needs and circumstances dictate.

Date RFB Activity

Wednesday, August 23, 2017 Release of RFB

Wednesday, August 30, 2017 First round of written questions are due

Friday, September 8, 2017 *Responses to Written Questions will be posted on VendorNet

Friday, September 22, 2017 DEADLINE FOR SUBMISSION OF BIDS

Friday, September 29, 2017 *Anticipated Award Date

October, 2017 *Anticipated Contract Start Date

1.3 Point of Contact

Direct all questions. requests for clarification, interpretation or correction of any ambiguity, inconsistency, error, conflict, discrepancy, omission, or other deficiency in this RFB to the purchasing agent specified on the first page of this RFB, in writing via; mail, fax or email, on or before the due date specified for questions in the RFB calendar.

1.4 Inspection of Documents

1.4.1. Inspection of RFB Documents and Requirements. Bidders shall carefully examine the bid and contract documents, correlate their observations with the RFB specifications, and exercise their own judgment as to the nature and scope of the work required

1.4.2. Bidder Responsibility. This RFB shall serve as the basis for and/or shall become part of the resulting agreement. No plea of ignorance of conditions or difficulties that exist or may hereafter arise in the execution of the work under this contract as a result of failure to make necessary examinations and investigations, shall be accepted as an excuse for any failure or omission on the part of the bidder to carry out the intent and fulfill the requirements of the contract, without additional cost to the DOJ.

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1.5 Addenda/Official Communication

Only written communications will be binding upon the DOJ. During the solicitation process for this RFB, all official communication between the DOJ and bidders will be made via written communication and/or as applicable, as notices on the bid distribution website, www.vendornet.state.wi.us. The DOJ will post such notices, which may include, but not be limited to, addenda, responses to questions, clarifications, revisions or modifications to administrative or performance requirements, before the bid due date. It shall be the responsibility of bidders to regularly monitor VendorNet for any such postings. Failure to retrieve such addenda or communications and include any appropriate provisions in your response, may result in your bid being disqualified.

1.6 State of Wisconsin Terms and Conditions

Bidder must review the following documents prior to submission of your bids:

1.7.1. Attachment A - “Standard Terms and Conditions for State of Wisconsin Printing (RFB/RFP) DOA-

30604(R1/2002)”

1.7.2. Attachment B - “Supplemental Standard Terms and Conditions for Procurements for Services

DOA-3681 (01/20/17)”.

1.7.3. Attachment C – Sample Contract for Service

1.7.4. Attachment D - Confidentiality Agreement

1.7 Contract Terms Negotiation

These terms and conditions represent the minimum requirements for submission of bids and shall govern this

RFB and subsequent award. The terms contained in these documents shall serve as the basis of the contract resulting from this RFB. By submitting a bid, bidders affirm their willingness to enter into a contract containing these terms. Bidders must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any contractor contracts. Submission of any standard contractor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the bidder’s proposal. The State reserves the right to negotiate contractual terms and conditions.

1.8 Bid Expense

Bidders are responsible for all cost and expenses in the preparation of bids and for any subsequent work on the bid required by DOJ.

1.9 Binding Offer

A bid submitted in response to this RFB shall constitute a binding offer. Acknowledgement of this condition shall be indicated, on the “Request for Bid Signature Page,” by the signature of the bidder or an officer of the bidder who is legally authorized to execute contractual obligations. By submitting a bid, the bidder affirms his/her acceptance of the terms and conditions of this RFB, including its attachments and exhibits, without exception, deletion or qualification, and without making its offer contingent, unless otherwise clearly stated in his/her response.

1.10 Contract Integration

Parts or all of the contents in this Request for Bid, the bid responses as accepted by the DOJ, written communications and any additional terms agreed to in writing by the parties, may be integrated into the resulting contract, which shall be executed in accordance with the terms, conditions and specifications of this RFB. The contract shall consist of any or all of the documents below as will be stated in the final agreement. The hierarchy of documents in descending order for resolution is as follows:

a. Official Purchase Order and/or final signed Contract for Purchase of Services including any attachments or amendments

b. Bid response as accepted by the DOJ

c. Applicable Request for Bid, amendments/attachments

d. State of Wisconsin standard terms and conditions http://www.vendornet.state.wi.us/

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1.11 Withdrawal or Revision of Bids

1.11.1. A bidder may, without prejudice, withdraw a bid submitted prior to the date and time specified for receipt of bids by requesting such withdrawal in writing before the due time and date for submission of bids.

Telephone requests for withdrawal shall not be accepted. After the due date of submission of bids, no bid may be withdrawn by the bidder for a period of 90 days or as otherwise specified or provided by law.

1.11.2. Any bidder may modify his bid by fax, email or standard mail communication to the designated RFP purchasing agent at any time prior to opening of bids. The communication shall not reveal the bid price, but shall provide the addition or subtraction or other modification.

1.12 Material and Non-material Variances

The DOJ reserves the right to waive or permit cure of nonmaterial variances in the offer if, in the judgment of the State, it is in the State’s best interest to do so. Nonmaterial variances include minor informalities that do not affect responsiveness, that are merely a matter of form or format, that do not change the relative standing or otherwise prejudice other vendors, that do not change the meaning or scope of the RFB, or that do not reflect a material change in the specifications and/or services. In the event the State waives or permits cure of nonmaterial variances, such waiver or cure will not modify the RFB requirements or excuse the vendor from full compliance with RFB specifications or other contract requirements if the vendor is awarded the contract. The determination of materiality is in the sole discretion of the State.

1.13 Bid Acceptance and Review

1.13.1. Bid Opening. Bids will be opened at the due date and time at the bid submittal location specified on the first page of this RFB.

1.13.2. Bid Acceptance. Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB.

1.13.3. Bid Review. Bids will be reviewed for completeness and compliance with all specified RFB requirements. This review may include requesting copies of licenses, and/or reports on the contractor's operations, conducting site visits, and reviewing results of past awards to the contractor by the State of Wisconsin or other government entities. Incomplete bids may be determined nonresponsive and disqualified. To be considered complete, bids shall be signed, dated and shall include all required submittals listed in the RFB Receipt and Submittal checklist. In the event that all bidders do not meet one or more of the requirements, the State reserves the right to continue the review of the bids that most closely meet the requirements of this RFB. If no bidder is able to comply with a given specification, condition of bid or provide a specific item, the State reserves the right to delete that specification, condition of bid or item. The DOJ reserves the right to accept or reject any and all bids in whole or in part.

1.13.4. Minority Business Enterprise. Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m).

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.

Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting agency is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned

Printing and Delivery of U.S. Supreme Court Briefs Page 4 of 13 business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

1.13.5. Method of Award. Awards shall be made to a pool of qualified vendors based on the lowest net unit price/total cost and most responsive and responsible vendors who meets the specifications and requirement of the RFB. The right is reserved, however, to make an award on the lowest net unit price, whichever is judged to be the best interest of the Department of Justice.

1.13.6. Notification of Intent to Award. Any contractors who respond to this RFB, with a bid, will be notified in writing of the State's intent to award the contract(s) as a result of this RFB. After notification of the intent to award is made, and under the supervision of Bureau staff, copies of bids will be available for public inspection

1.13.7. Protests

a. The protest process applies only to those solicitations for contractual services that result in a contract greater than $50,000. Notices of intent to protest and protests must be specific and identify the Wisconsin State Statutes and Wisconsin Administrative Code provisions that are alleged to have been violated. Any protest of this DOJ solicitation or of any intent to award issued as a result of this

RFP process, must be made as provided by the Wisconsin Administrative Code and the State

Procurement Manual.

b. The Notice of Intent to Protest must be filed with the individual listed below, and received no later than five (5) business days after the Notice of Intent to Award is issued.

c. The actual Protest also must be filed with the individual listed below, and must be received within ten (10) business days after the Notice of Intent to Award is issued.

Paul Connell Deputy Attorney General

Wisconsin Department of Justice

17 West Main Street

P.O. Box 7857

Madison, WI 53707-7857

d. All properly filed protests will be reviewed and the DOJ Attorney General will issue a decision regarding the protest. The decision of the DOJ Attorney General may then be appealed to the

Secretary of the Department of Administration within five (5) working days of its issuance, with a copy of such appeal filed with the DOJ, provided that the appeal alleges a violation of a statute or a provision of a Wisconsin Administrative Code.

1.13.8. Appeals

a. The decision of the head of the Procuring Agency may be appealed to the Secretary of the Department of Administration, in writing, within five (5) business days of the Procuring Agency’s issuance of its written Protest decision.

b. A copy of the Appeal must also be filed with the Procuring Agency. The Appeal must be as specific as possible, setting forth the basis for each alleged statutory or administrative code provision alleged to have been violated.

Appeals must be sent to:

Secretary’s Office Wisconsin Department of Administration

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P.O. Box 7864 101 E Wilson Street, 10th Floor Madison, WI 53703-7864

1.14 Cooperative Purchasing

Common purchasing practices in government include cooperative or “piggyback” purchasing among various state agencies, units of government or municipalities. (Under Wisconsin Statutes, a municipality is defined as a county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district or any other public or quasi‐public corporation, officer, board or other body having the authority to award public contracts.)

The use of the awarded contract by other governmental units shall be optional.

Sales to the above governmental units by the bidder shall be optional. Bidders must indicate on the bid page whether or not, they agree to this provision.

If bidders choose to extend prices offered on this bid to other governmental units, any resulting contract is solely between the supplier and the third party unit of government. The State shall not be responsible for any problems which may arise between other units of government and the bidder as a result of any sales and/or purchases made.

Agreement to this provision will not be considered a criteria for award under this solicitation.

1.15 Reasonable Accommodations

The Department will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at the bid opening, contact the Purchasing agent designated for this RFB.

1.16 News Releases and Promotional Materials

News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State.

Contractor agrees to not use promotional or marketing material which states expressly or by fair implication that the State endorses either the contractor or any sponsor of such material.

1.17 VendorNet Registration

VendorNet is the State of Wisconsin’s bid information and notification service which is FREE and available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the internet at http://vendorrnet.state.wi.us to get information on state purchasing practices and policies and goods and services that the State buys. Only contractors registered with VendorNet will receive future official notices and have the ability to search for and access current bids for designated services or commodities.

http://vendornet.state.wi.us/vendornet/default.asphttp:/vendornet.state.wi.us/vendornet/default.asp http://vendorrnet.state.wi.us/ http://vendornet.state.wi.us/vendornet/default.asphttp:/vendornet.state.wi.us/vendornet/default.asp

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SECTION 2: SCOPE OF WORK, PERFORMANCE AND CONTRACT REQUIREMENTS

2.1 Project Objective

2.1.1. The intent of this project is to bring the Department of Justice in compliance with Wisconsin Bureau of

Procurement printing requirements under the PRO-J printing section of the Sate procurement Manual.

Currently there is no completive process conducted to establish procurement authority for a contract for this this project.

2.2 Scope of Work for Printing and delivery of Supreme Court Briefs

2.2.1. The printing and delivery of Supreme Court Briefs and Appendices must be in accordance with the court guidelines for document printing as written in Rules of Supreme Court of the United States, adopted April 19, 2013, Effective July1, 2013. In addition, the Contractor shall comply with all the mandatory and minimum requirements described in Exhibit A, Description of Goods and Services and in any other conditions and requirements described in this solicitation to include but not limited to:

Technical Consultation/project definition

Interpretation of the Court Requirements

Printing

Preparation of required copies

Timely filing with the Court and opposing counsel

2.2.2. Materials and Equipment: Bidder shall provide all services, commodity, materials and equipment to complete the work

2.2.3. Hand-Delivery of File to the U.S. Supreme Court: When required and necessary, Contractor SHALL hand-deliver the brief(s) to the U.S. Court before the submission deadline

2.2.4. Brief Filing fee: The DOJ shall send check(s) made payable to the U.S. Supreme Court to the

Contractor for the filling fee(s).

2.2.5. The DOJ may require bidders to confirm their ability to provide all services as bided.

2.3 Bidder Qualifications

2.3.1. All requirements listed in this RFB that contain the words “MUST” or “SHALL” describe mandatory requirements. Failure to meet mandatory qualification shall disqualify bids. However, the State reserves the right to waive any qualification in the event that no bidder is able to satisfy that qualification.

2.3.2. It is required that the bidder shall have 5 years of experience with the customary procedures and current rule requirements of the Supreme Court

2.3.3. Vendor must be familiar with production and filing of the legal booklets with the U.S. Supreme Court and shall be responsible to ensure that the finished booklets conform in every way to the current requirements of the Supreme Court

2.3.4. Before the award of any contract, DOJ shall be satisfied that the bidder understands the full scope of the work, is properly qualified and has sufficient qualified resources to carry out the obligations of the contract and complete the work described in this RFB. DOJ may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the DOJ all such information and data for this purpose, as DOJ may request.

2.4 Contract Term

2.4.1. The contract term shall be for one (1) fiscal year term and shall automatically renew for two one-year terms through the end of each fiscal year, unless terminated in writing by DOJ, thirty days before the

Printing and Delivery of U.S. Supreme Court Briefs Page 7 of 13 contract end date. Subsequent contracts, if renewed, will be enforced under the same terms and conditions of the original bid.

2.4.2. The anticipated contract start date is October, 2017.

2.4.3. Upon expiration of each term, this contract shall remain in full force and effect on a month-to-month basis, until such time that DOJ either renews the contract or provides written notifıcation of termination.

2.4.4. Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by the DOJ Purchasing Agent.

2.5 Amendments to Contracts

2.5.1. Any changes to the terms of the awarded contract may be made only through a written amendment signed by the authorized representatives of both parties.

2.6 Non-exclusivity and No Guarantee of Purchase

2.7.1. The Contractor shall not have exclusive rights to provide all products or services covered under this contract during the term of the contract or any extension of the contract.

2.7.2. The Department of Justice will not guarantee to purchase any specific quantity, volume or pay a minimum contract price under this contract.

2.7 Pricing

2.7.1. Firm Pricing. Contract prices shall remain firm for the term of the contract.

2.7.2. Pricing must satisfy the RFB Quality Assurance Standards for Printing and Delivery of the US Supreme

Court Briefs.

2.7.3. Pricing shall follow the all-inclusive unit pricing outlined on the Appendix A- Cost Price sheet section.

The contractor shall use these costs to submit invoices with supporting documents. All invoices shall be based on the commodities and/or services provided.

2.8 Contract Requirements

All requirements in Section 4, Exhibit A-Description of Goods & Services and Additional Terms & Conditions, and the Appendix H, Bidder Questionnaire of this RFB are minimum mandatory requirements and shall be met at no additional cost above the pricing provided in the bid price sheet. In the event that no bidder is able to meet a specific 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. The bidder must read and initial all pages of Exhibit A-Description of Goods & Services and Additional Terms & Conditions and respond to all questions of Appendix H.

2.9 Contractor Qualifications and Compliance

2.9.1. It is required that the Contractor shall have 5 years of experience with the customary procedures and current rule requirements of the Supreme Court

2.9.2. No bid will be accepted from or contract awarded to any person, firm, or corporation that is in arrears or is in default to the State upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the State or had failed to perform faithfully any previous contract with the State.

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2.9.3. General Compliance. The Contractor shall, at all times, observe and comply with all federal, state, and local laws, bylaws, ordinances and regulations in any manner affecting the conduct of the work or applying to employees in the contract, as well as all orders or decrees which have been promulgated or enacted, by any legal bodies or tribunals, having authority or jurisdiction over the work, materials, employees or Contract.

2.10 Subcontracting

2.10.1. Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval by the DOJ Purchasing Agent.

2.10.2. The prime contractor will be directly responsible for any subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Contractor must assure subcontractors abide by all terms and conditions under this Contract.

2.10.3. If subcontractors are to be used, the Contractor must name the subcontractor clearly explain their participation. The State reserves the right to determine whether the named subcontractor is fit and capable to perform the required work. Each bidder shall submit, with the bid, supporting data regarding the qualifications of the contractor in order to determine whether the contractor is qualified and responsible along with the subcontractor’s license(s).

2.11 Invoicing and Payment

2.11.1. General Invoicing Requirements. Invoices shall be submitted monthly or as agreed upon between the specific DOJ agency and the Contractor.

2.11.2. The original invoice must be sent to the DOJ address listed on the Purchase Order.

2.11.3. Master Invoice. In addition to the specific invoice provided to the DOJ agency, the Contractor shall provide the DOJ contract manager with a master invoice, in electronic format, on a monthly basis. The master invoice shall include, by DOJ agency and location, price details per the Contract, itemized so that the service level and cost of the service can be identified by an auditor as being a part of this Contract.

2.11.4. Invoices shall be made available to authorized users and the DOJ Purchasing Agent either in hard copy or electronic format, as requested.

2.11.5. The DOJ must meet a statutory mandate to pay or reject invoices within 30 days of receipt by DOJ Accounts Payable.

2.11.6. A good faith dispute creates an exception to prompt payment.

2.11.7. Payment will be made for properly submitted invoices for products and/or services accepted by the State to meet contract requirements.

Final payment may not be made until work has been accepted by the DOJ. Before payment is made, DOJ also must verify that all invoiced charges are correct as per this Contract.

Only properly submitted invoices will be officially processed for payment. Prompt payment requires that contractor invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

Contractor name remit to address purchase order number

Printing and Delivery of U.S. Supreme Court Briefs Page 9 of 13 itemized-print jobs completed

2.12 Contract Audits and Credits

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

2.12.2. If pricing problems are identified by the State of any authorized user, the Contractor must issue credits to all applicable authorized users within thirty (30) calendar days of notification of the problem.

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

2.13 Hold Harmless

The Contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Contractor, or of any of its Contractors, in prosecuting work under this agreement.

2.14 Insurance

The Contractor performing services for the State of Wisconsin shall:

2.14.1. Maintain professional liability insurance in the amount of $1,000,000.00

2.14.2. Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

2.14.3. Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

2.14.4. The state reserves the right to require higher or lower limits where warranted.

2.15 Nondiscrimination/Affirmative Action

2.15.1. In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.

2.15.2. Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

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2.15.3. The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

2.15.4. Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment.

2.16 Cancellation and Termination

2.16.1. The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

2.16.2. The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty for failure of the Contractor to comply with terms, conditions, and specifications of this contract. In the event Contractor shall default in any of the covenants, agreements, commitments, or conditions herein contained, and any such default shall continue un-remedied for a period of thirty (30) days after written notice thereof to Contractor, the State may, at its option and in addition to all other rights and remedies which it may have at law or in equity against Contractor, including expressly the specific enforcement hereof, forthwith have the cumulative right to immediately terminate this contract and all rights of Contractor under this contract.

2.16.3. Notwithstanding section 2.17.2 above, the State may, in its sole discretion and without any reason, terminate this agreement at any time by furnishing the Contractor with thirty (30) days' written notice of termination. In the event of termination under this subsection, the State will pay for all work completed by the Contractor and accepted by the State. Further, the State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

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SECTION 3: BID CONTENT AND SUBMITTALS

The State requires the Contractor to have the proven ability to deliver the types of services sought in this RFB. The purpose of this section is to provide the State with a basis for determining a bidder’s capability to undertake an engagement of this size and scope.

3.1 Submitting a Bid

3.1.1. Submit your bids by the deadline shown on the RFB Signature Page to:

USPS ADDRESS COMMON CARRIER ADDRESS

Roque de Macedo Roque de Macedo

Wisconsin Department of Justice Wisconsin Department of Justice

Bureau of Budget and Finance Bureau of Budget and Finance

PO Box 7857 17 West Main Street – 8th Floor

Madison, WI 53707-7857 Madison, WI 53703

3.1.2. All bids must be received and time-stamped at the above location no later than the due date.

Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the DOJ

Purchasing Office.

3.1.3. Hand Delivered Bids. The Department of Justice located at 17 West Main Street in Madison has building security policies and procedures. There is a security checkpoint at the first floor lobby. Security personnel will date stamp hand-delivered bids and call the appropriate procurement agent. Bids stamped by the DOJ security guard will count as received at the time of the stamp.

3.1.4. All bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

Vendor's Name and Address

Request for Bid Title: Printing and Delivery of U.S. Supreme Court Briefs

Request for Bid Number: DOJ 2018-02

Due Date: Friday, September 22, 2017, 2:00PM CT

3.1.5. Unless directed to do so, bidder shall not direct the reader to a website or any other source outside of the applicable RFB section as part of its response to the requirement or question unless it is a map, diagram or schematic included in another section within the RFB.

3.2 Bid Response Format

3.2.1. Submit the correct number of copies per table below.

Required RFB Forms: One (1) Original + one (1) Copy (Hardcopy)

Electronic Copy: One (1) copy

3.2.2. Hardcopy bids typed and securely bound on 8.5 by 11-inch paper. The content of the mailed bids shall be identical in all regards to the original electronic-copy submitted.

3.2.3. Electronic bid in a PDF format stored on a common media (CD, DVD, or flash drive), identical in content and sequence to hardcopy bids submitted. Unless specifically noted, acceptable formats include Microsoft

Word, Microsoft Excel, or PDF.

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3.2.4. The response to the RFB shall be complete and comprehensive but succinct. Elaborate bids, such as those including expensive artwork, beyond that sufficient to present a complete and effective bid, are not necessary or desired. Unnecessary samples, attachments or documents not specifically asked for should not be submitted.

3.2.5. Bidders are encouraged to submit bids using environmentally preferable guidelines, such as: printing double-sided on recycled paper, using products such as folders, binders, paper clips, discs, envelopes, boxes, etc. that contain recycled content, minimizing or eliminating the use of non-recyclable or non-reusable materials contained in binders, plastic report covers, plastic dividers, vinyl sleeves and GBC binding.

3.2.6. Bids must be organized with headings and subheadings in the order provided in Section 3.3 below, Required Information and Content of Bids. Each heading and subheading should be separated by tabs or otherwise clearly marked. Complete the RFP Receipt and Submittal Checklist to record all submittals.

3.3 Required Information and Content of Bids

3.3.1. Please include only the required submittals specified below. Do not submit another copy of this RFB with your bid. Include the following required forms (blank forms are included in the RFB):

1. Description of Goods & Services – Exhibit A

Describes the mandatory Court guidelines, requirements, and conditions that the Contractor must follow when performing this service

2. Security, Technical and Functional Requirements

– Exhibit B

Specifies the security, technical and functional requirements which the DOJ desires for procurement

3. Bid Price sheet – Appendix A Provide bid prices for the products and /or services in accordance with the terms, conditions and specifications listed on the RFB

4. Signature Cover Page – Appendix B Complete the form, initial the page, and return with the RFB.

5. Vendor Information – Appendix C Provide business identification and contact information required in the form.

6. Vendor Reference – Appendix D Provide a minimum of 3 references

7. WI Cooperative Purchasing Service (DOA-3333)

– Appendix E

State whether you agree to extend the resulting contract terms and pricing to other public agencies.

8. Designation of Confidential and Proprietary Information (DOA-3027) – Appendix F

Complete Appendix F if applicable

9. RFB Receipt Forms and Submittal Checklist – Appendix G

Acknowledge and initial parts of RFB received and submitted.

10. Bidder Questionnaire – Appendix H Provide all information requested. Use additional sheet if necessary.

3.3.2. Bid Price Format - Appendix A

a. Use the Bid Price Sheet to submit your bid price. It is the sole responsibility of the bidder to ensure that all mathematical calculations are correct and that the total bid accurately reflects costs.

b. All inclusive Not-to-Exceed Cost. Bids shall be quoted as a not-to-exceed cost for services. The bid price shall contain all direct and indirect costs, including but not limited to, all costs for labor, equipment, materials, supplies to be furnished as stated in this RFB under the contract,shipment, out of pocket expenses, including all travel and travel related expenses, if any and all other items necessary to perform the specified work requirements.

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c. Period of Acceptance. All prices, costs, and conditions outlined in the bid shall remain fixed and valid for acceptance for a minimum of 120 days starting on the due date for bids.

SECTION 4: EXHIBIT A - DESCRIPTION OF GOODS & SERVICES AND ADDITIONAL TERMS & CONDITIONS

4.1. This section describes mandatory Court guidelines qualification, technical and performance requirements that the bidder must comply with. Bidder must read and initials all pages of the EXHIBIT A, to indicate your agreement and compliance with each of the performance and contract requirements.

SECTION 5: EXHIBIT B - SECURITY, TECHNICAL AND FUNCTIONAL REQUIREMENTS

5.1 This section specifies the security, technical and functional requirements which the DOJ desires for procurement.

Complete the Exhibit B – Security, technical and functional requirements by indicating one and/or any applicable response code for each requirement: Conditions of the RFB that include the word “must” or “shall” describe a mandatory requirement. Failure to meet a mandatory requirement may disqualify your bid, unless determined by DOJ that no bidders are able to meet such requirement, in which case, the DOJ reserves the right to delete or modify said mandatory specification or condition.

Bidders must confirm their ability to satisfy each Mandatory Requirement by completing and returning the EXHIBIT B with your bid.