RFB.pdf

REQUEST FOR BID

Court Reporter Services and Transcription Services

RFB# 28348-HK

Issued Date: June 7, 2021 Responses Due: June 30, 2021 at 1:00PM CT

Court Reporter Services and Transcription Services

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Table of Contents

1 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.2.1 Overview of Procuring Agency, Background and Objectives

1.3 CONTRACT TERM

1.3.1 Transition Renewal Period

1.4 MODIFICATIONS OF CONTRACT

1.5 ORDER OF PRECEDENCE

1.6 COOPERATIVE PURCHASING SERVICES

1.7 RESPONDING TO BID REQUIREMENTS

2 MANDATORY BIDDER QUALIFICATIONS

2.1 BIDDER YEARS IN BUSINESS

3 MANDATORY REQUIREMENTS OF BID

3.1 TECHNICAL REQUIREMENTS

3.1.1 Transcript Accuracy

3.1.2 Transcript Paper

3.1.3 Transcript Authentication

3.1.4 Time-Stamped Transcripts

3.1.5 Delivery of Transcripts

3.1.6 Outside Parties Requesting Copies of Transcripts

3.1.7 Transcript Copies

3.1.8 Retention of Transcripts and Confidentiality

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 Statutory Rules and Regulations

3.2.2 Contractor Staff Experience

3.2.3 Requesting Services

3.2.4 Value-Added Capabilities

3.2.5 Service Charges

3.2.6 Equipment

3.2.7 Continuous Service

3.2.8 Professional Conduct for Onsite Services

3.2.9 Cancellations and Postponements By Contractor

3.2.10 Removal or Replacement of Contractor Staff

3.2.11 Use of Subcontractors

3.2.12 Reporting

3.2.13 Customer Service

3.2.14 U.S. Boundaries

4 SPECIAL TERMS AND CONDITIONS OF BID

4.1 ORDERS

4.2 DELIVERY REQUIREMENTS

4.3 RESPONSE TIME

4.4 NEWS RELEASES

4.5 LIQUIDATED DAMAGES

4.6 TOBACCO-FREE ENVIRONMENT

4.7 FRATERNIZATION/AGENCY WORK RULES

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4.8 BACKGROUND CHECKS

4.9 PAYMENT TERMS

4.10 PAYMENT METHODS

4.11 OVERCHARGES

4.12 CERTIFICATES OF INSURANCE

4.12.1 HIGH RISK CERTIFICATES OF INSURANCE

4.13 ACCESS TO SECURE FACILITIES

4.13.1 Identification

4.13.2 Dress Code/Attire Requirements

4.13.3 Vehicle Security

4.13.4 Contraband

4.14 CANCELLATION AND TERMINATION

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

5.1 COST SHEET INSTRUCTIONS

5.2 REQUESTING COST ADJUSTMENTS

6 BID PROCEDURE AND INSTRUCTIONS

6.1 CALENDAR OF EVENTS

6.2 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3 REASONABLE ACCOMMODATIONS

6.4 WISCONSIN eSUPPLIER PORTAL REGISTRATION

6.5 SUBMITTING A BID

6.5.1 WISCONSIN eSUPPLIER PORTAL Submittal (Preferred)

6.5.2 Hard Copy Bid Submittal

6.6 CONTENT OF BID RESPONSE

6.7 INCURRING COSTS

7 BID ACCEPTANCE AND AWARD

7.1 BID OPENING, REVIEW, AND ACCEPTANCE

7.2 METHOD OF AWARD

7.3 BIDDER REFERENCES

7.4 SUPPLIER DIVERSITY

7.4.1 MINORITY-OWNED BUSINESS ENTERPRISE

7.4.2 DISABLED VETERAN-OWNED BUSINESS

7.4.3 VETERAN-OWNED BUSINESS

7.4.4 WOMAN-OWNED BUSINESS ENTERPRISE

7.5 DEBARMENT

7.6 AWARD NOTIFICATION

7.7 PROTEST AND APPEALS PROCESS

7.7.1 PROTESTS

7.7.2 APPEALS

8 REQUIRED FORMS

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1 INTRODUCTION AND PURPOSE

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.

Agency:

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

Authorized Users:

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

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

Bid:

a 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.

Bid Factor:

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

Bidder: a person or firm that responds to this Request for Bid.

COI: Certificates of Insurance

Commodity:

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

Page 4 28348-HK incidental or related Services.

Contract:

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

Contract Administrator:

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

Contractor:

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

Contract Manager:

the DOA employee 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.

Day: Means calendar day unless otherwise specified in this RFB.

Duplicate Original:

A party, other than the Authorized User, orders a transcript and the court reporter supplies the original to that party and makes a second original (including the court reporter certification page) of the transcript for the Authorized User.

Disabled Veteran Owned Business (DVB):

a business that has been certified by the Department of Administration under §16.

283, Wis. Stats.

DOA: Wisconsin Department of Administration

DVA: Department of Veterans Affairs

E-transcript: Electronic transcript

High Difficulty Level:

A file that contains several audio difficulties such as high noise level, non-American accent, poor audio quality, distorted audio, ect.

Market Basket Item:

Select items from the Cost Sheet-Attachment A, from the Required Services Lots 1 and 2, Page 5 28348-HK that the State anticipates buying, that will be used to determine the average region total.

Mandatory:

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):

a business that has been certified by the Department of Administration under §16.

287, Wis. Stats.

Municipality:

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

Notice of (Intent to) Award:

A writing issued by the Procurement Specialist notifying all Bidders of DOA's intent to award a Contract to the successful Bidder(s).

Original transcript: The transcript on which the original signature of the court reporter appears.

Procurement Specialist:

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

Procuring Agency: The State Agency conducting the purchasing transactions

Purchasing Card (p-card):

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

Requirement:

A descriptive statement of the physical, functional and performance characteristics of the Commodity or service required by DOA.

RFB: Request for Bid

SBOP: State Bureau of Procurement

Contractual Services or Services:

An intangible product, including actions, recommendations, plans, research, customizations, modifications, Page 6 28348-HK 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.

State: State of Wisconsin

State Holidays:

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.

Teleconferencing:

The hearing or deposition is conducted through the telephone.

Transcript: An official and certified hard document of what transpired at the hearing or deposition.

USPS: United States Postal Service

VB: Veteran owned business

WBE: Woman-owned business enterprise

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The State of Wisconsin (State), as represented by its Department of Administration (DOA), State Bureau of Procurement (SBOP), requests Bids for the purchase of Court Reporter Services and Transcription Services, and intends to use the results of this process to award a Contract(s). The Bidder may bid on either Court Reporter Services and Transcription Services (Reporter Records) and/or Transcription Services Only (Reporter Does Not Record).

The State does not guarantee it will purchase any specific quantity or dollar amount.

Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract cost during the term of the Contract(s).

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1.2.1 Overview of Procuring Agency, Background and Objectives The Contractor shall provide services as needed when requested by Authorized Users in the counties or geographic regions that the Contractor is awarded. The exact time and location for performance will be established for the Contractor by the Authorized User requesting the services.

Hearings/depositions are held throughout the State, with the majority of the hearings/depositions conducted in Madison and Milwaukee.

The Contract(s) resulting from this RFB will be administered by SBOP.

The expiring contract 505ENT-O19-COURTREPORT-00, Court Reporter Services and Transcription Services, is available on VendorNet at:

https://vendornet.wi.gov/Contract.aspx?Id=59b54123-cfab-e811-8108-ea20c0116996

Contractor information, rates and the user guide can be found under the contract "Documents". Based on the available sales reports, Authorized User contract expenditures totaled over $193,169 from September of 2018 to August of 2019, and $137,404 from September of 2019 to August of 2020.

1.3 CONTRACT TERM

This Contract(s) will run for an initial two (2) - year period. DOA and the Contractor, upon written mutual agreement, may renew the Contract(s) for up to an additional three (3), one (1) - year periods. The Contract(s) shall be effective on the date it is executed by DOA. If no formal Contract(s) is executed, the effective date of the Contract

(s) is the date of the purchase order.

The RFB documents, the awarded Bidder's response as accepted by SBOP and any purchase order related to this RFB shall become the Contract(s) between the parties unless a separate Contract(s) is executed.

1.3.1 Transition Renewal Period

The Contractor may be requested to continue providing services for a period up to six

(6) months after the Contract(s) end date for the purpose of completing a future solicitation process and/or transition to a contractor. The terms and conditions during the transitional renewal period shall remain the same as during the initial Contract(s) term unless otherwise agreed to in writing by both parties. SBOP shall provide written notice to the Contractor to exercise the transition renewal period, which will include the length of the Contract(s) continuation (e.g., any period between one (1) month and six

(6) months).

During the transition renewal period, the Contractor shall provide to the State all reasonable cooperation, assistance, and services in order to assist SBOP in transition to a contractor.

https://vendornet.wi.gov/Contract.aspx?Id=59b54123-cfab-e811-8108-ea20c0116996

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1.4 MODIFICATIONS OF CONTRACT

The Contract(s) 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(s) shall fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

SBOP reserves the right to negotiate with the Contractor the addition or reduction of the counties or geographic regions to provide services to in the Contract(s), if needed.

1.5 ORDER OF PRECEDENCE

In the event of Contract(s) award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by SBOP, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract(s). Failure of the successful Bidder to accept these elements into the Contract(s) will result in the cancellation of the Contract(s) award.

In the event of conflict with the incorporated elements of the Contract(s), the following order of precedence will prevail:

• Final signed Contract(s) with clarifications included

• Bid response as accepted by the State

• RFB

If the official purchase order serves as the final Contract(s), in the event of a conflict with the incorporated elements of the Contract(s), the following order of precedence will prevail:

• Official purchase order

• Bid response as accepted by the State

• RFB

1.6 COOPERATIVE PURCHASING SERVICES

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

Bidder must complete Section 5: Wisconsin's Cooperative Purchasing Service on the Bidder Required Form DOA-3832, which is included in the Supporting Documents.

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1.7 RESPONDING TO BID REQUIREMENTS

Mandatory Bidder qualifications and/or Requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract(s), SBOP shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder's responsibility to acquaint SBOP with these qualifications by submitting appropriate or supporting documentation.

If no single Bidder can 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 MANDATORY BIDDER QUALIFICATIONS

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

2.1 BIDDER YEARS IN BUSINESS

For the service that the Bidder is bidding on (Court Reporter Services and Transcription Services and/or Transcription Services only) they shall have been in the business of providing such service similar to the services specified in the RFB and shall have done so for at least one (1)– year.

Mergers, acquisitions and business name changes of a Bidder, with proper documentation, will be taken into consideration for purposes of determining the one (1)-year minimum Requirement.

Note: There is a Bid Factor that relates to this qualification. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If submitting a hard copy bid, Bid Factors can be downloaded from the Supporting Documents and included with your bid submission.

3 MANDATORY REQUIREMENTS OF BID

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

The Contractor shall have available the necessary organization, experience, equipment, and staff to properly fulfill all conditions and Requirements in this RFB.

Note: There is a Bid Factor that relates to this Requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If

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3.1 TECHNICAL REQUIREMENTS

3.1.1 Transcript Accuracy

Misspelled words, blank spaces, and transposed words that change meanings are unacceptable. Transcripts shall be reviewed, proofread, spell-checked, correctly formatted, and ninety-five percent (95%) error free.

If an Authorized User finds that the ninety-five percent (95%) accuracy rate was not maintained, the Contractor shall submit a corrected transcript at no cost to the State within forty-eight (48) hours of the Authorized User notifying the Contractor.

If three (3) transcript's accuracy rates were not maintained within six (6) months, this may be reason to remove a Contractor from the Contract(s).

3.1.2 Transcript Paper

The paper upon which the Transcripts are made shall be white, 8 ½ x 11 inches, 20 pound xerographic or equivalent office paper having a minimum brightness of 84 and preferably recycled. Each page shall have a page number and be double-spaced with a margin of not more than 1 ½ inches on the left and 1 inch on the right.

The paper upon which the transcription is made may be designated by the Authorized User. The Contractor and the Authorized User may agree, prior to transcription, to other format requirements.

3.1.3 Transcript Authentication

For hard copy Transcripts, the Contractor shall provide a certification authenticating the documents as true copy.

For E-transcripts, the Contractor shall provide their signature authenticating the truth of the documents on the E-transcript.

3.1.4 Time-Stamped Transcripts

Upon the Authorized User's request, the Contractor shall insert into a Transcript the time, in minutes and seconds, at a frequency determined by the Authorized User.

3.1.5 Delivery of Transcripts

The Contractor shall generate and deliver Transcripts and court reporter notes as a hard copy or electronically per the schedules in this Contract(s) when requested by the Authorized User.

E-transcripts, which shall be in read-only mode, shall be submitted via email or through a secure or digital media as designated by the Authorized User.

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3.1.6 Outside Parties Requesting Copies of Transcripts

The Contractor shall make copies available to people other than parties to litigation only if the Authorized User has granted prior written approval for release of the copies.

3.1.7 Transcript Copies

If the Authorized User has not requested a Transcript but another party has ordered a Transcript, the Contractor shall supply the Original transcript to requesting party and make a Duplicate Original (including the court reporter certification page) of the Transcript for the Authorized User. The Authorized User will pay the Contractor the cost for a Duplicate Original Transcript. (Note: In the case of the DOA, Division of Hearings and Appeals, Worker's Compensation Office, the Office will receive an Original transcript and the requesting party will pay the Contractor the cost for an Original transcript.)

3.1.8 Retention of Transcripts and Confidentiality

All Transcripts and copies thereof shall be deemed the property of the State.

The Contractor shall store all records and tapes for twelve (12) years, or as agreed upon with the Authorized User.

The responsibilities of this paragraph shall survive the termination or cancellation of the Contract(s).

Where required by the presiding officer or statute, the Contractor shall maintain the confidentiality and security of all records, reporter's notes, Transcripts, and correspondence.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1 Statutory Rules and Regulations

The Contractor, and their employees, shall comply with all statutory rules and regulations, including any changes enacted or adopted during the term of the Contract (s). All applicable federal, state and local laws, licensing, rules and regulations governing this type of service shall apply.

3.2.2 Contractor Staff Experience

The Contractor shall provide only staff who are qualified and competent to perform the functions of the assignments. Contractor shall pre-screen and test staff, where appropriate, to ensure that it refers only those individuals who have the required education and/or experience for the assignment.

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3.2.3 Requesting Services

When an Authorized User identifies the need for service, they will contact the selected Contractor(s) with the details of the assignment to schedule court reporter or transcription services. Authorized Users that have previously received services from the Contractor may request a specific staff member for the assignment by name. The Contractor is expected to make every effort to provide that staff member if at all possible.

The Contractor may accept the assignment if they are able to provide a staff member that will meet the needs of the Authorized User, and must acknowledge acceptance of the assignment in writing. If they are unable to meet the Authorized User's needs they must decline the assignment in writing immediately.

3.2.4 Value-Added Capabilities

To provide Authorized User's with a variety of services, Bidders are encouraged to exceed Requirements and should include any value-added capabilities within the scope of this RFB on the Cost Sheet-Attachment A, Lot 1 and/or Lot 2 Optional Services tabs.

Optional service costs provided are for informational purposes only and will not be considered for award.

The State and the Contractor, upon mutual agreement, may add services to this Contract(s) based on changes to industry standards unknown at the time of this Bid.

3.2.5 Service Charges

The Authorized User and Contractor shall agree upon services provided and rates before work commences in writing. Rates for services specified in the Contract shall not exceed the Contract costs; however, a lower rate may be negotiated between the Authorized User and Contractor. In such case, that rate shall remain firm for the entire engagement.

The Authorized User and Contractor may also use the Contract costs as a means to negotiate rates for similar services within the scope of the Contract that were not included in the Contract.

If the Contractor deems it necessary to add additional services in order to complete work that has already been agreed upon (e.g., audio recording is at a High Difficulty Level), the Authorized User must agree to the additional charges prior to additional services being performed.

3.2.6 Equipment

The Contractor shall possess the necessary equipment to provide complete and accurate services (including professional audio recording back-up equipment, if stenographic equipment is used).

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3.2.7 Continuous Service

The Contractor shall be able to provide continuous reporting services for hearings/depositions of more than one (1) day at the costs and delivery schedules set forth in the Contract(s).

3.2.8 Professional Conduct for Onsite Services

Contractor staff shall maintain a professional appearance, attire, and decorum when providing services in hearings or depositions.

Contractor staff shall be present onsite a half-hour (30 minutes) unless otherwise directed by the Authorized User, before the hearing or deposition is scheduled to commence and be ready to proceed at the direction of the Authorized User. The Contractor shall ensure that their staff member has all of the necessary equipment to perform the service, accurate directions to the location of the hearing or deposition, as well as the telephone number of the Authorized User who arranges for the services.

3.2.9 Cancellations and Postponements By Contractor

The Contractor shall be required to give the Authorized User a three (3) business-day notice either to cancel or postpone a scheduled hearing/deposition. In cases where the Contractor is not able to give the Authorized User at least a three (3) business-day notice, and the Authorized User procures services from another contractor, the Contractor shall pay the Authorized User (upon the Authorized User's request) a maximum of a one (1)-day appearance fee unless the Contractor provides an excusable reason described by law (for example, Chapter 103 Employment Regulations).

3.2.10 Removal or Replacement of Contractor Staff

The State retains the right to remove the Contractor's employees and their subcontractors (if applicable) from the premises if their actions or performance are objectionable to the State.

At the Authorized User's discretion, the Contractor will replace the employee. Reasons for replacement of an employee may be, but are not limited to incompetence, carelessness, disruptive or otherwise objectionable behavior.

The State removing an employee from the premises or requesting replacement shall not constitute an order to discipline or discharge the employee. All actions taken by the Contractor regarding employee discipline shall be at the sole discretion of the Contractor. The State shall be held harmless in any disputes the Contractor may have with the Contractor's employees. This shall include, but is not limited to, charges of discrimination, harassment, and discharge without just cause.

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3.2.11 Use of Subcontractors

The Contractor shall be responsible for the contract performance of its subcontractors.

The Contract will be between the State and the awardee. The Contractor shall be responsible for its subcontractors' performance of the pertinent contract obligations including related Requirements, insurance requirements and applicable regulations.

The Contractor shall identify any potential subcontractor it intends to use to provide the product or service to the Authorized User. All subcontractors shall be approved in writing by the Authorized User before work commences.

In cases where a substitution of an approved subcontractor is required, the Contractor shall submit the substitution to the Authorized User for approval prior to implementation of the substitution. Failure to notify the Authorized User may result in cancellation of the Contract(s) without notice and without penalty to the State.

The State reserves the right to request that a subcontractor be removed from the Contract(s).

The Contractor shall be responsible for all subcontractor(s) work and payment.

Authorized Users will not pay for any subcontractor or third parties directly.

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3.2.12 Reporting

The Contractor shall submit a completed annual sales report using the Contractor Annual Sales Report-Appendix 1. Sales report shall be submitted by the end of every calendar year, or as requested by the Contract Manager and/or Authorized User.

Annual sales reports shall be forwarded electronically via email in an editable spreadsheet format.

Annual sales reports submitted to the Contract Manager shall account for all activities and expenditures performed in the scope of this Contract(s) for all State Agencies, campuses, and municipalities. A report is required annually even if the Contractor experiences zero (0) sales.

The following fields appear on Appendix 1 and shall be reported:

• Contractor name

• Reporting period (start/end date)

• Name, email and phone number of the Contractor staff member filling out the report

• Agency/University/Municipality name

• Total amount invoiced

• Brief description of services

• Region in which services were provided

Contractor must also furnish a quarterly MBE participation report by submitting a completed Minority & Targeted Business Participation Quarterly Report, DOA-3234.

3.2.13 Customer Service

3.2.13.1 Contractor's Representative

The Contractor shall clearly designate at least one (1) representative to provide on-going communication, coordinate service with the Contractor employee, answer questions and expedite service. The representative shall be available to Authorized Users during State business hours.

The Contractor shall notify the Contract Manager of any changes in the representatives within two (2) business days of the change.

3.2.13.2 Post-Order Customer Service

The Contractor shall provide all Authorized Users a single, local point of contact (and a backup) to hand questions and resolve problems as they arise. At least one (1) of the points of contact shall be available during the Contractor's operating hours.

The Contractor shall notify the Authorized User of any changes in the local point of contact within two (2) business days of the change.

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3.2.14 U.S. Boundaries

Pursuant to §16.705(1r) Wis. Stats, Contractor shall perform services within the United States. The inability to perform services in the United States shall be grounds for disqualifying a Bid. Countries party to the World Trade Agreement are not subject to this provision.

4 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate special terms and conditions when it is in the best interest of the State to do so. The Bidder shall not submit its own contract document as a substitute for the State's Special Terms and Conditions.

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. The State may or may not consider any of the Bidder's suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

Note: There are Bid Factors that relate to this Requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If

4.1 ORDERS

Authorized Users shall be responsible for placing their own orders and will determine the ordering method which will be used. Contractor must have the ability to accept orders by all of the following ordering methods.

• Via a local Wisconsin telephone number and/or a toll-free number

• Via Fax

• Via e-mail

Contractor shall assume the cost of setting up, maintaining, and providing any necessary user training on their order systems or databases.

4.2 DELIVERY REQUIREMENTS

Upon the Authorized User's request for delivery of hard-copy transcripts or other items, the Contractor shall use their own vehicle or common carrier to deliver the requested items to the location and within the timeframe specified on the order. The Contractor shall be responsible for all shipping and insurance costs.

If any damage exists or documents are missing, the Authorized User at their discretion will receive a full refund or replacement of the item. The timeframe in which the item is replaced will be determined by the Authorized User.

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4.3 RESPONSE TIME

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

4.4 NEWS RELEASES

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

4.5 LIQUIDATED DAMAGES

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

In the event that the Contractor fails to deliver in accordance with the terms and conditions of the Contract(s), the Authorized User may temporarily procure from another contractor. If procured from another contractor, the Contractor shall pay to the Authorized User any difference between the Bid cost and the cost paid to the other contractor.

In the event the Contractor causes damage due to neglect, carelessness or improper procedures, the Contractor may be charged the full amount of costs to restore or repair to original condition. The Contractor agrees that the Authorized User 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.

4.6 TOBACCO-FREE ENVIRONMENT

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.

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4.7 FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. Departmental rules vary with each Agency. The Contractor may request a copy of these rules from the pertinent Agency.

The Contractor shall be responsible for ensuring that their employees follow the Requirements set forth in this document and the Agency departmental rules. If the Authorized User contacts the Contractor with work rule or Requirement concerns or requests, the Contractor shall respond with a written resolution within forty-eight (48) hours.

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.

4.8 BACKGROUND CHECKS

The State reserves the right to conduct background checks on the Contractor's employees and subcontractors. If the Contractor has previously conducted a background check on the employee, documentation must be provided to the Authorized User when requested.

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4.9 PAYMENT TERMS

The Contractor shall not invoice for more than its quoted rates. However, if circumstances warrant, the Contractor may offer a reduced rate to the Authorized User.

For instance, the Authorized User submits a recording with exceptional quality which better facilitates the transcription process. The Contractor's invoice may reflect reduced costs. The Contractor and the Authorized User should discuss terms and cost in writing prior to billing to ensure clarity and agreement of invoicing.

All invoices shall reflect the cost and discounts established for the items in this Contract

(s) for all orders placed by Authorized Users, even though the Contract number and/or correct cost 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 Contractor invoices be clear and complete in conformity with the instructions below. All invoices shall be itemized showing:

• Contractor name

• Purchase order number, if available

• Release number, if given

• Date of order/release

• Detailed breakdown of service provided; for example, number of hours for transcription, number of pages, etc.

• Bill rates

• Discounts

• Agency/Institution name

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

• Date delivered and location

• Invoice total

• Case name, case number, or other identifying information

The Contractor shall provide the 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 costs shall be stated in the same units as the units shown on the Cost Sheet—Attachment A.

Page 20 28348-HK

4.10 PAYMENT METHODS

The payment methods may vary from Authorized Users and projects and the Contractor must be able to accept payment by:

• State's Purchasing Card (P-Card)

• Check

• ACH

There shall be no cost to the State for the Contractor to adhere to any payment method.

4.11 OVERCHARGES

If the Contract Manager or an Authorized User identifies that their payment exceeded the Contract(s) cost for an item or service, the Contractor shall issue a refund to the Authorized User for the difference between what the Authorized User paid and the Contract(s) cost. Refunds shall be issued to the Authorized User within fourteen (14) Days upon notification from the State, unless otherwise agreed upon in writing by the State and the Contractor.

Page 21 28348-HK

4.12 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the awarded Bidder shall provide within ten (10) business days copies of applicable Certificates of Insurance (COI). The COI shall be issued by an insurance company licensed to do business in the State, with a minimum AM Best rating of A-, and signed by an authorized agent.

Should the awarded Bidder not provide the appropriate COI within ten (10) business days of SBOP's issuance of the Notice of Intent to Award, the awarded Bidder shall be given an additional seven (7) business days to comply. Should the appropriate COI not be received within that time, SBOP reserves the right to cancel the award or Contract(s) and make another award.

The COI listed in Sections 4.14 and 4.14.1 shall be provided as stated herein to:

USPS ADDRESS COMMON CARRIER ADDRESS

Hallee Kox, Procurement Specialist Hallee Kox, Procurement Specialist

Wisconsin Department of Administration Wisconsin Department of Administration

State Bureau of Procurement State Bureau of Procurement

PO Box 7867 101 E Wilson Street, 6th Floor

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

COI shall be submitted to the State upon request, for annual review and/or when the Contractor's insurance coverage(s) or providers have changed. In the event the Contractor's required insurance policies in effect during the Contract(s) are modified or cancelled, the Contractor shall immediately notify the Contract Manager in writing.

4.12.1 HIGH RISK CERTIFICATES OF INSURANCE

The following minimum insurance coverage and limits will be required in the Contract(s) resulting from the Bid award:

Professional Liability Insurance $ 1,000,000

Copies of these required insurance policies and certificates shall be submitted to the State upon request.

Page 22 28348-HK

4.13 ACCESS TO SECURE FACILITIES

Execution of this Contract(s) may require access/entrance into secure facilities or secure areas of operation by Department of Transportation (DOT), Department of Corrections (DOC) as well as secure treatment facilities operated by the Department of Health Services (DHS).

In addition to the secure facilities mentioned above, the Contractor may be required to adhere to any and all security policy/processes which may be in place at any State office location. Contractor shall contact a facility, well in advance of the start of any project, to obtain security instructions specific to that facility. The Contractor shall comply with all security and identification procedures at each location, at no cost to Authorized Users.

Common security restrictions include, but are not limited to:

4.13.1 Identification

Contractors, 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. It is the Contractors responsibility to ensure that acceptable identification is used.

Page 23 28348-HK

4.13.2 Dress Code/Attire Requirements

All State correctional facilities require visitors to adhere to a dress code. The dress code exists to ensure the safety, security, and order of the institution.

All visitors (including court reporters) that enter must abide by a certain dress code for their safety. In that regard, the following dress/articles of clothing is not allowed:

• Clothing with holes, tears, or that is unclean.

• Clothes that expose undergarments.

• Watches.

• Clothing affiliated with gangs including shoes, hats/bandanas/headwear, logos, and insignias.

• Lycra, spandex, and similar materials that are form fitting or excessively tight

(this includes leggings).

• Strapless dresses and tops are not allowed (e.g., halter tops, tube tops, and tank tops).

• Any clothing that exposes the back, shoulders, midriff, cleavage, thighs, or other excessive skin.

• Clothing that is transparent, sheer, or see-through.

• Skirts, shorts, and dresses must extend to within three (3) inches or less of the knee when standing.

• Clothes that contain offensive images or language, including depictions of drugs, alcohol, or sex.

• Shoes must be closed toe and closed heel. Stiletto shoes are not allowed.

Court reporters must provide a list of equipment that they will be bringing into the institution. Cell phones are not allowed.

4.13.3 Vehicle Security

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

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4.13.4 Contraband

Although specific policies may vary somewhat between State facilities, contraband items are prohibited on the person. Items may be left at security, however, illegal items will not be returned. Contraband items include, but are not limited to:

• drugs

• tobacco products

• cell phones, digital telephones, pagers, cameras, video equipment

• computers or laptops

• adult or pornographic materials

• explosive and weapons (including pocket knives and razor blades)

• containers holding flammable liquids must be kept in an approved container and contents clearly identified.

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4.14 CANCELLATION AND TERMINATION

TERMINATION FOR CAUSE

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

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

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract(s) at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract(s). The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract(s). Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract(s) in whole or in part without penalty if the Contractor:

• Fails to perform any material obligation required under the Contract(s)

• Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

• Allows any final judgment not to be satisfied or a lien not to be disputed after

Page 26 28348-HK a legally-imposed, 30-day notice.

• Makes an assignment for the benefit of creditors

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

• Incurs a delinquent Wisconsin tax liability

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

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

• Becomes a federally debarred Contractor

• Is excluded from federal procurement and non-procurement contracts

• Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract(s)

• Fails to maintain the confidentiality of the State's information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

• Contractor performance threatens the health or safety of a State employee or State customer.

5 COST STRUCTURE AND COST SHEET INSTRUCTIONS

Note: There are Bid Factors that relate to this Requirement. Bid Factors can be seen and responded to in the eSupplier Portal if submitting a bid electronically. If

Page 27 28348-HK

5.1 COST SHEET INSTRUCTIONS

The Bidder shall submit a completed Cost Sheet- Attachment A. Bidders may not alter the Cost Sheet in any manner unless instructions on the Cost Sheet indicate otherwise.

Bidders may bid on Lot 1- Court Reporter Services and Transcription Services (Reporter Records), Lot 2-Transcription Services Only (Reporter Does Not Record), or both Lots.

Each lot is divided into eight (8) regions. Bidders may Bid on any or all counties within a region and may Bid on any or all regions within each lot. Bidders shall indicate what counties within each region they are bidding on by using the Service Regions tab on the Cost Sheet-Attachment A. The costs provided for that region will apply to all selected counties within that region.

Appendix 2- Counties by Region provides a visual on what areas each region covers throughout the State.

A cost for all items shall be provided in the required services lots for each lot/region that the Bidder is bidding on. If any item is left blank or listed as zero (0) for a region being bid in a required services lot, then the Bidder will provide that service at no cost.

The optional services lots are for informational purposes only; therefore, submitting costs for any item in the corresponding regions being Bid in the required service lots is encouraged but optional.

Cost shall include all labor, equipment and supplies. Cost shall be in U.S. dollars limited to two (2) decimal points. In the event of errors in calculation, unit cost shall prevail.

In carrying out the scope of this Contract(s) for Lot 1, the Contractor shall be required to perform services on State property. The State will not pay additional charges for travel time, meals, lodging or fuel surcharge.

Page 28 28348-HK

5.2 REQUESTING COST ADJUSTMENTS

The Contractor's cost shall remain in effect for at least one (1)- year from the Contract

(s) effective date. Following, requests for cost increases shall occur no more frequently than once every twelve (12) months. Any request for cost increases shall be limited to documented industry-wide cost increases to the Contractor. The Contractor will be required to provide written justification and verifiable evidence of change in cost.

Any proposed cost increases shall be submitted in writing to the Contract Manager a minimum of ninety (90) days before the proposed effective date of the increase and be mutually agreed upon by SBOP and the Contractor. Increases shall not affect any orders written prior to the effective date of the increase.

Any cost decreases from the manufacturer or supplier that are passed through to the Contractor, are required to be passed to the State within thirty (30) days of the effective date of the cost decrease. Cost decreases shall be submitted in writing to the Contract Manager.

If the Contractor is requested to provide services during the transition renewal period, any request for increases shall be limited to documented industry-wide cost increases and shall be mutually agreed upon by SBOP and the Contractor.

6 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. In the event that SBOP 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

June 7, 2021 Issue of the RFB

June 14, 2021 at 2:00 PM CT Questions Due

June 21, 2021 (estimate) Responses to Questions Posted

June 30, 2021 at 1:00 PM CT Bids Due from Bidders

June 30, 2021 at 2:00 PM CT Bid Opening via Teams:

Dial 608-571-2209_ Conference ID 236801680

July 19, 2021 (estimate) Notice of Intent to Award

Page 29 28348-HK

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 June 14, 2021 at 2:00PM CT.

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 #28348-HK and be directed to Hallee Kox at Hallee.Kox@wisconsin.gov .

Any Bidder questions received outside of the Wisconsin eSupplier Portal shall be documented and posted to the Wisconsin eSupplier Portal.