RFB Final No. ILH0044 6.20.18.docx

State of Wisconsin Wis. Statutes s.16.75 DOA-3070

WI Department of Workforce Development 201 E. Washington Ave., Room G400 P.O. Box 7946 Madison, WI 53707-7946 Bid envelope shall be sealed and plainly marked in lower corner with due date and Request for Bid # ILH0044 Late bids will 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 will 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 will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact the 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.

REQUEST FOR BID No.: ILH0044

July 11, 2018 @ 2PM

BIDDER (Name and Address)

Name (Contact for further information) Carmen Hidalgo

Phone 608.267.8898 Date June 20, 2018

Quote Price and Delivery FOB Destination

|_| Fax bids are accepted |X| Fax bids are not accepted

Item No.

Quantity and Unit

Per Unit

Total

REQUEST FOR BID

Department of Workforce Development Division of Employment and Training Material, Revision and Updates

|_| We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder shall be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

|_| We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder shall be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. 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 should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

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 will 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 ( )

Fax ( )

Signature of Above

Date Federal Employer Identification No.

Social Security No. if Sole Proprietor (Voluntary)

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s e-Supplier system. If you received this RFB in any other way, please contact the Procurement Agent identified in this RFB. To receive future solicitation opportunities, updates and receipt of bids/proposals, it is highly recommended that your company register to become a Bidder at: https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you shall follow in order to submit a response to the RFB.

1. Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

2. Review Section 2.0 “Bidder Qualifications and Requirements” section. This section explains what qualifies a company to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

3. The details of the commodity or service shall be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your Bid shall be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section shall help you determine your ability to meet the Procuring Agency’s needs.

4. Review Section 5.0, “Pricing Structure and Cost Sheet.” This section explains how to submit Bid pricing (which is critical because the Bid pricing shall determine what Bidder(s) shall be allowed to enter into a Contract with the State).

5. The remaining sections of the RFB describe the process you shall follow and the way you shall present your Bid to the State. It also describes the process the State shall use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6. If you are interested in competing for the State’s business, you should provide your best pricing, and complete all the required forms.

7. Please note, your Bid response must be complete and accurate. You must follow all instructions exactly as written. DO NOT substitute your own materials in lieu of what is being asked for in the RFB. DO NOT alter any of the forms or the Cost Sheet. Doing otherwise may disqualify you bid. If you have questions, contact the Procurement Agent identified in the RFB.

8. Your RFB response shall arrive at the proper location before the due date and time. Late Bids shall be rejected.

Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future procurement opportunities.

1.0

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

1.1 DEFINITIONS

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

Agency means the Wisconsin Department of Workforce Development Bid A price quotation specifically given to a prospective purchaser by a prospective seller; a bid is an offer to sell Bidder/Vendor means a company or individual submitting a bid in response to this RFB Commodity A tangible article of trade or item of merchandise; goods, products, materials, supplies, or finished products. A Commodity is not a Service for purposes of this RFB, but a Commodity may include incidental or related Services Contract Administrator the employee responsible for oversight of the implementation, administration and completion of the Contract.

Contractor means bidder awarded the contract Contractor employee An individual provided to the State by the Contractor to perform services pursuant to a contractor issued under this RFB.

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

Department means the Wisconsin Department of Workforce Development DWD means the Wisconsin Department of Workforce Development MBE means Wisconsin-certified Minority Business Enterprise RFB Request for Bid Specification A descriptive statement of the physical, functional and performance may be a description of the physical or functional characteristics, or the nature of the supply. It may include a description of any requirement for inspecting, testing or preparing a supply for delivery, or necessary performance criteria.

State means the State of Wisconsin

1.2 PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Wisconsin Department of Workforce Development (DWD), through the Bureau of Procurement and Information Management (Procurement), requests bid for the purchase of material revisions and updates for the Department of Employment and Training (DET). The State, as represented by the Department of Workforce Development (DWD), on behalf of Division of Employment and Training intends to use the results of this bidding process to award a contract to the lowest cost responsive and responsible bidder.

The Department of Workforce Development does not guarantee to purchase any specific quantity or dollar amount. Bids that state the agency must guarantee a specific quantity or dollar amount may be disqualified.

The purpose of this document is to provide interested bidders with information on preparing and submitting a sealed bid for updating eLearning for the Apprenticeship program.

The State's Division of Employment and Training ("the State or DET") is responsible for the administration and oversight of the State's Apprenticeship program. The scope of this bid is the development of three e-learning projects used as part of the Apprenticeship program.

A. Cultural Competency: A power point has been developed for delivery by a facilitator who will need to be somewhat knowledgeable about the topic. The scope of work on this project will evaluate the exiting course for recommended content changes, desired direction and narration direction.

B. On-line Training for local workforce staff: An in-person training program has been developed for staff at the local level. The goal is to provide e-learning that will be accessible to all local staff, both incumbent and new staff as they are being brought on board.

C. Mentor Training: The State has developed mentor training which includes a PowerPoint and a related workbook. The goal of this project is to develop e-learning modules for this training.

1.3 CONTRACT TERM

This Contract shall run for an initial three (3) year period. The Procuring Agency and the Contractor, upon written agreement, may renew the Contract for up to an additional three (3) one-year periods. The Contract shall be effective on the date it is executed by the Procuring Agency. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order. The RFB documents, the awarded Bidder’s response as accepted by the DWD and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

1.4 WITHDRAWAL OR MODIFICATION OF BID

A bidder may withdraw a bid at any time prior to the bid opening. If modifications of bid are needed, the bidder may request the bid to be returned to them. The bidder may make changes and resubmit prior to the bid opening.

1.5 ORDER OF PRECEDENCE

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

In the event of conflict with the incorporated elements of the Contract, the following order of precedence shall prevail:

1.6 COOPERATIVE PURCHASING AGREEMENT AND PIGGYBACKING

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities shall be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting Contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached to this RFB). The resulting contract may be used by other state agencies per the agreement of the Contract Administrator and vendor.

2.0 BIDDER QUALIFICATIONS & REQUIREMENTS

The awarded bidders(s) must be qualified and able to document that they can meet the requirements of this contract. Any expectation, qualification or specification that contains the word "shall or must" is a mandatory requirement. The State shall be sole judge of acceptable documentation and qualifications.

2.0.1 Vendor must be in the business of provide similar services as identified below and must have at least three (3) years of experience providing the services referenced in Section 3.1 in a variety of Learning Management System (LMS) environments.

2.0.2 All services provided must be conducted in the United States.

2.0.3 All bidders must agree that they have has no personal, professional, or financial interest that would be a conflict of interest.

2.0.4 Bidder must agree to maintain insurance as set forth in the Standard Terms and Conditions (DOA-3054), paragraph 23, for the entire term of the contract. All policies must be issued with a 60-day cancellation notice, by an insurance company licensed to do business in the State of Wisconsin, and signed by an authorized agent. DWD reserves the right, at any point, to request proof of such insurance.

2.0.5 Bidder must submit three references of companies where similar services are currently being provided or have been provided in the last three years.

2.0.6 Bidder shall provide a description of your firm's experience in designing, developing, and updating customized, Web-based, self-directed courses or curriculum that can be deployed through an enterprise-wide Learning Management System (LMS).

2.0.6.1 Bidder shall provide a portfolio that supports the requirements of 2.0.6 and display your competency in the expectations detailed in section 3.0; URL link preferred.

2.0.6.2 For Bidder reference below are links to the existing products which need updated as well as a DWD branded PowerPoint template:

A. http://media.wisconsin.gov/det/ext/apprenticeship/vendor_resources/cultural_competency.ppt B. http://media.wisconsin.gov/det/ext/apprenticeship/vendor_resources/mentor_facilitator_guide.doc C. http://media.wisconsin.gov/det/ext/apprenticeship/vendor_resources/mentor_training_guide.pdf D. http://media.wisconsin.gov/det/ext/apprenticeship/vendor_resources/mentoring_apprenticeship.ppt E. http://media.wisconsin.gov/det/ext/apprenticeship/vendor_resources/dwd_branded_template.pptx

2.0.6.3 A completed eLearning module for reference can be found at the link below:

A. https://webapps.dwd.state.wi.us/DWDLearningCenter/Login.aspx Bidder must register to view the resources in the learning center, but once bidder has an account setup search for the training using "apprenticeship" and binder will find the Wisconsin Apprenticeship Orientation Course.

3.0 MANDATORY REQUIRED SPECIFICATIONS OF BID

The following items listed are the minimum acceptable specifications for products desired. All requirements in this section are mandatory. Submission of a Bid means the Bidder agrees that they have read, understand and comply with the requirements detailed by the State in this section without exception.

Failure to meet mandatory requirements shall result in rejection of the Bid. However, if no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 SCOPE OF WORK EXPECTATIONS

The awarded bidders will be required to provide the following eLearning services:

3.1.1 The successful bidder will be required to provide the following eLearning services:

3.1.1.1 Update current eLearning material for browser neutral capability;

3.1.1.2 Update current eLearning material to be device neutral to include mobile friendly capability (Responsive Design);

3.1.1.3 SCORM 1.2 complaint;

3.1.1.4 Meets Section 508 accessibility requirements;

3.1.1.5 Provide periodic assessments within the modules to check user understanding of content (quiz style questions);

3.1.1.6 Final assessment (final quiz at the end of the course);

3.1.1.7 Audio to accompany abbreviated on-screen text. On-screen text should be basic talking points that the audio discusses more in depth;

3.1.1.8 Full text transcripts are required for all modules in addition to the Closed Captions;

3.1.1.9 Videos;

3.1.1.10 Every basic content page should have at least one graphic that is tied to the content presented on that page;

3.1.1.11 Capability to save and return. Course must bookmark users progress and return them to the page they left off on if they exit and comeback;

3.1.1.12 Ability to locally modify/update content after the final product is delivered. The final product must not be delivered in any locked or proprietary software;

3.1.1.13 Reporting capabilities – though no formal "passing" grade will be given, we need to track complete/incomplete;

3.1.1.14 All audio, graphic or video that may be included in the final eLearning module(s) may be for a combination of existing material, DET or Bidder supplied;

3.1.1.15 Bidder must have proper license to use, distribute or otherwise use in the eLearning module all audio, images, graphics; to include custom or commercial, video and works of art, in any format;

3.1.1.16 Final product must be accepted by and provided to DET by October 15, 2018.

3.1.2 Bidder must be able to provide the following services:

3.1.2.1 Creation of the Instructional Design Document (IDD);

3.1.2.2 Scripting;

3.1.2.3 Development of a wireframe;

3.1.2.4 Development of a storyboard;

3.1.2.5 Development of a prototype;

3.1.2.6 Development of the course without audio;

3.1.2.7 Development of the course with audio;

3.1.2.8 Creation of the Learning Management System (LSM) version of the course.

3.1.3 Bidder agrees that all work and the final product become property of DWD.

3.2 MEETINGS

The bidder will participate in meetings with DET staff to discuss program activities and outcomes as necessary but no less than monthly.

4.0 SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these 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 or additional language for each point. The State may or may not consider any of the Bidders' suggested revisions. Any changes or amendment to any of the terms and conditions shall occur only if the change is in the best interest of the State.

4.1 AUDITS, STATE AND/OR FEDERAL

Duly authorized representatives of the State and the Wisconsin Legislative Audit Bureau shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid held by the Contractor. The bidder shall retain all documents and data associated with the resulting contract for payment i.e. only invoicing DWD for services rendered and adhering to confidentiality for a period of not less than four (4) years after final payment is made.

State and/or federal auditors and State employees may require access to Contractor records pertaining to the Contract for purposes of conducting audits and business process reviews. The Contractor agrees to allow access to their location upon receiving a twenty-four (24) hour notice.

4.2 MATERIAL OWNERSHIP

The State of Wisconsin retains the right to accept or reject any or all bids if it is deemed to be in the best interests of the State of Wisconsin.

All bids become the property of DWD upon receipt. All rights, title and interest (including the right to exploit for the State's purposes) in the materials prepared by the responder for the bid to DWD shall be the exclusive property of DWD and may be used by the State at its option.

DWD retains the right to obtain services other than the Contractors to accomplish changes to the programs through whatever means deemed necessary by the DWD.

4.3 DWD CONTRACT ADMINISTRATOR

The contract resulting from this RFB will be administered by Carmen Hidalgo, Division of Operations. All contacts between the Contractor and the contracting agency will be through the designated agency representative(s), unless otherwise instructed. The Contractor shall meet with the designated agency representative(s) as requested to resolve problems. Any problems which cannot be resolved between the designated agency representative(s) and the Contractor will be referred to the Contract Administrator. The Contract Administrator will inform the Contractor in writing of the unresolved issues and the Contractor shall respond with proposed corrective actions within 10 days of receipt of this letter. The state and/or the Contractor may request meetings to address unresolved contract issues.

The original invoice must be sent to the bill-to address shown on the Purchase Order.

All invoices must be itemized showing:

A. Purchase order number B. Contractor name C. Remit to address and telephone number D. Contract price(s) and detail of what is being billed.

E. DWD requires invoicing to occur upon completion of the services. A detailed invoice for the total will be sent via email to:

Karen.Morgan@dwd.wisconsin.gov Or via standard mail:

Karen Morgan

BAS

PO Box 7972 Madison, WI 53707

Failure to meet contract requirements may result in affected agency withholding payment.

Invoices shall contain complete and accurate information including list prices and discounted prices. Bidder invoices shall be submitted to the state within 30 days of delivery. All invoices shall be sent to the address specified by the designated agency representative.

Failure to meet contract requirements may result in affected agency withholding payment.

4.5 LIQUIDATED DAMAGES

This shall be surety for fulfillment of the contract(s) including quality, performance and delivery under the terms of this Request for Bid. Liquidated damages may consist of $50.00 or one percent (1%) of the cost of the order, whichever is higher per working day per line item for failure to deliver according to the bidder specified delivery schedule. Liquidated damages will be deducted from payments on the invoice covering the late services, if the invoice is of sufficient amount to cover the liquidated damages. If the invoice is not of a sufficient amount to cover the liquidated damages on a particular service, the agency will request cancellation of the invoice and a credit to cover the balance.

4.6 PROCUREMENT AND CONTRACTUAL AGREEMENTS

All the following shall be considered as integral parts of the bid and resulting contract. Any ambiguity or inconsistency among those documents shall be resolved by applying the following order of precedence:

A. The contract document, including any amendments B. Agency purchase orders and subsequent change orders C. Awarded vendor’s bid response D. Request for Bid and all amendments

4.7 CERTIFICATES OF INSURANCE

At the time that the Notice of Intent to Award is issued, the winning Contractor shall be required to provide copies of applicable insurance certificates. The Agency shall evaluate all insurance certificates for compliance. Should the Contractor not provide the appropriate Certificates of Insurance within seven (7) days of the State’s issuance of the Notice of Intent to Award, the Contractor shall be given an additional seven (7) days to comply. Should the appropriate Certificates of Insurance not be received within that time, the State reserves the right to cancel the award or Contract and make another award.

The Certificates of Insurance listed in State of Wisconsin Standard Terms and Conditions, Section 23.0 shall be provided as stated herein to:

Department of Workforce Development Division of Operations Attn: Barbara E. Hoffhein, Purchasing Agent 201 E. Washington Avenue PO Box 7946 Madison, WI 53707-7946

4.8 TAX EXEMPTIONS AND CERTIFICATIONS OF COLLECTION OF SALES AND USE TAX

The State of Wisconsin shall not enter into a contract with a Vendor, and reserves the right to cancel any existing contract, if the Vendor or contractor has not met or complied with the requirements of s.77.66 Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

4.9 CANCELLATION AND TERMINATION

4.9.1 Termination for Cause

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

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

4.9.2 Termination for Convenience

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

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

4.9.3 Contract Cancellation

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

· Fails to perform any material obligation required under the Contract

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

· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice.

· 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

· 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.

5.0 BID PROCEDURE AND INSTRUCTIONS

5.1 METHOD OF BID

The Bidder shall submit a pricing on the Pricing Sheet (Attachment C) Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2 CALENDAR OF EVENTS

Listed below are specific and estimated dates and times of actions related to this RFB. The actions with specific dates must be completed as indicated unless otherwise changed by the State. In the event that the State finds it necessary to change any of the specific dates and times, it will do so by issuing amendments to this RFB. There may or may not be a formal notification issued for changes of the estimated dates and times.

5.3 CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by June 25, 2018. If at any time prior to the Bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder shall immediately notify the Procuring Agency representative named below of the issue in writing and request modification or clarification of the RFB document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial RFB and will be posted on E-Supplier. Bidders are responsible for reviewing this website periodically and addressing in their bid any clarifications provided by DWD. Each bid shall stipulate that it is predicated upon the requirements, terms and conditions of this RFB, and any supplements or revisions thereof.

Email is the preferred method of written contact: Please email to: Carmen.Hidalgo@dwd.wisconsin.gov

All communication and/or questions on all matters regarding this Bid shall be made in writing and refer to Request for Bid #ILH0044 and the section in which the question applies and be directed to Carmen Hidalgo.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions shall be posted on e-Supplier (https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_BIDDER).

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Carmen Hidalgo is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. Carmen Hidalgo may authorize in writing contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the Procuring Agency may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

5.4 REASONABLE ACCOMMODATIONS

Upon request, the DWD shall provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed at a Bid opening or Bidders’ Conference, please contact: Carmen Hidalgo, 608-267-3902 or Carmen.Hidalgo@dwd.wisconsin.gov

5.5 WISCONSIN eSUPPLIER PORTAL REGISTRATION

Only bidders registered with the State of Wisconsin's eSupplier Portal (the State's electronic purchasing information system) will receive future official notice for this service/commodity. The State of Wisconsin purchasing information and bidder/bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the Internet at Link to get information on state purchasing practices and policies, goods and services that the State buys, and tips on selling to the State. Bidders may use the same Web site address for inclusion on the Bidders list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a State agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bides valued at $50,000 or less. Bidders also may receive e-mail notices of these simplified bid opportunities.

5.6 SUBMITTING A BID

Bidders have two (2) options in responding to this RFB. The Bidder can submit an electronic bid using the State of Wisconsin's e-Supplier Portal, or they can submit an electronic version of all required materials for acceptance of their bid to Carmen.Hidalgo@dwd.wisconsin.gov as described in Section 5.7. Electronic submission via eSupplier is preferred.

5.7 BID SUBMITTAL

Bidders responding to this RFB shall comply with the following format requirements:

5.7.1 Signed Request for Bid Sheet: Include the signed Request for Bid sheet (DOA-3070, front page of this document) with the Bid and those certifications required for submittal of a Bid. Bids submitted in response to this RFB shall be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed Bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its Bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the Bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or shall be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition.

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

5.7.3 Additional Information: Include the completed Vendor Information Sheet – Attachment A, and Vendor Reference Sheet – Attachment D and any other forms required in the Bid. Include all additional information that shall be essential to an understanding of the Bid. This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the Bid document.

5.7.4 Price Information: Provide price information on the Cost Sheet – Attachment E, included in this RFB, include one hard copy of the Cost Sheet with the Bid response and one electronic copy in Excel format. All prices for furnishing the product(s) and/or service(s) included in the Bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats shall be accepted. Alternate price formats may eliminate consideration for this Bid.

5.7.5 Bidder Checklist: The Bidder shall include the Bidders Checklist– Attachment F included in this RFB.

A response to each statement listed shall either be checked or completed and submitted with the RFB response.

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

5.8 BID ORGANIZATION AND FORMAT

The bidding company name must appear on each page of the bid.

Bids should be organized and presented in the order listed in section 5.7 and by the number assigned in the RFB.

6.0 BID ACCEPTANCE AND AWARD

Bids that do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor’s financial stability and if financial stability is not substantiated may reject a vendor’s bid. 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. The State reserves the right to negotiate the terms of the contract with the lowest responsible bidder.

6.1 BID OPENING

Bids will be opened at the time and place shown on the RFB form. Only the names of vendors from whom responses have been received will be read at that time. If you intend on attending the bid opening, please contact Carmen Hidalgo at least two days before the bid due date via email at Carmen.Hidalgo@dwd.wisconsisin.gov to make arrangements.

6.2 METHOD OF AWARD

Bids will be reviewed by the agencies to verify that they meet all specified requirements in this RFB. Each bid, meeting all specified requirements, will be further reviewed on the basis of costs submitted, discounts, examples given, and favorable references. This verification may include reviewing the vendor’s bid document, contacting references furnished in the vendor’s bid, requesting reports on the vendor’s financial stability, reviewing demonstrations of the vendor’s product(s)/service(s), and reviewing results of past performance of the vendor with the State of Wisconsin.

Awards will be made to the low total from the lowest responsible bidder. Lowest responsible bidder is defined in State Regulations Administrative Code 6.01(9) as:

…the person or firm submitting the competitive bid with the lowest price that meets the specifications contained in the requests for bids. In establishing the lowest responsible bidder, all the following factors may be considered:

A. The financial ability to provide the services required or to complete the contract;

B. The skill, judgment, experience, and resources to complete the contract;

C. The necessary facilities, staff, personnel, and equipment to complete the contract;

D. The demonstrated ability to satisfactorily perform the work or provide the materials in a prompt, conscientious manner;

E. The demonstrated ability to comply in situations where the award is contingent on special considerations subject to the nature of the services or contract required, and;

F. Any other factor determined to be relevant in assessing the bidder’s ability to supply as required.

6.3 BIDDER REFERENCES

The Bid response shall include a completed Bidder Reference Form (DOA-3478) listing at least three (3) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB.The State reserves the right to contact and/or visit any party listed as a reference, which has previously utilized or is presently utilizing product(s) and/or service(s) proposed by the contractor. The State may also utilize other sources of information about the product(s) and/or service(s) proposed by the contractor where these sources are publicly available and are equally available for all competing contractors. Failure to obtain consistent positive references will be cause for disqualification.

6.4 USE OF SUBCONTRACTORS

The Contractor shall be responsible for the contract performance of its subcontractors. The Contract shall be between the Department of Workforce Development and the awardee. The Contractor shall be responsible for its subcontractors’ performance of the pertinent contract obligations including related Specifications, insurance requirements and applicable regulations. The Bidder shall identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors shall be approved in writing by the Procuring Agency. Any proposed substitution of an approved subcontractor shall be submitted in writing to the Department of Workforce Development 30 days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the Department may result in cancellation of the Contract without notice and without penalty to the State.

6.5 SUPPLIER DIVERSITY

6.5.1 Minority-Owned Business Enterprise

Minority-owned business enterprises (MBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference shall not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their contract amount, and spend for each period to the Procuring Agency.

A listing of certified MBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

6.5.2 Veteran-Owned Business

The State Bureau of Procurement encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us There is no price preference for certified VBs that compete for State Contracts.

6.5.3 Disabled Veteran-Owned Business

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference shall not be considered on a printing or stationery procurement.) Policy provides that DVBs 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 DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

6.5.4 Woman-Owned Business Enterprise

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program.

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

6.5 DEBARMENT

Federal Executive Order (E.O.) 12549 “Debarment” requires that all contractors receiving individual awards, using federal funds, and all sub recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily…