Zoo_Produce.pdf

REQUEST FOR BID

2023-REQ-069-PR

ZOO PRODUCE

County of Dane

City-County Building, Room 425, 53703

Madison, WI 53703

RELEASE DATE: August 22, 2023

DEADLINE FOR QUESTIONS: September 11, 2023

RESPONSE DEADLINE: September 21, 2023, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/countyofdane

County of Dane

REQUEST FOR BID

Zoo Produce

I. Introduction II. Contract Term

III. Bid Specifications IV. Pricing Table V. Vendor Questionnaire

VI. General Guidelines VII. Standard Terms and Conditions

Attachments:

A - ManagingAccountStatementNotification

Request For Bid #2023-REQ-069-PR Title: Zoo Produce

1. INTRODUCTION

1.1. Summary

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a solicitation response for Zoo Produce.

The County intends to use the results of this process to award a contract(s) or issuance of purchase order for the product(s) and or services(s) stated above.

1.2. Contact Information

Carmen Hidalgo

Purchasing Officer

Dane County Purchasing Room 425

210 Martin Luther King Jr Blvd

Madison, WI 53703

Email: hidalgo.carmen@countyofdane.com

Phone: (608) 266-4966

Department:

Purchasing

1.3. Timeline

Desired Bid Release Date August 22, 2023

Vendor Question Submission Deadline September 11, 2023, 2:00pm

Proposal Submission Deadline September 21, 2023, 2:00pm mailto:hidalgo.carmen@countyofdane.com tel:(608)266-4966

2. CONTRACT TERM

The contract shall be effective on the date indicated on the Dane County Purchase Order or the Dane

County Contract execution date.

Anticipated Contract Term: NO VALUE

If applicable, any optional or renewal terms are not automatic extensions. Renewal terms must be agreed upon mutually by Dane County and Contractor.

Anticipated Contract Terms

Term 1:

Term 2:

Term 3:

Term 4:

Term 5:

3. BID SPECIFICATIONS

Dane County as represented by the Purchasing Division will accept bids for the purchase of specified item(s) as described within this document.

The specifications below describe an acceptable product. Minor variations in specification may be accepted if, in the opinion of County staff, they do not adversely affect the quality, maintenance or performance of the item(s). Dane County reserves the right to accept or reject any and all bids, to waive informalities and to choose the bid that best meets the specifications and needs of the County.

Specification Compliance:

1. Bidder shall review every numbered specification listed within this section.

2. Any deviation from the minimum specifications stated herein must be identified in detail in the Bid

Spec Deviations section of the Vendor Questionnaire and must include a description of how the proposed item(s) differ from the bid specification requirements, along with detailed justification for such deviation.

3. Bidder shall include photos and schematics as necessary, for complete clarification. If additional documents are needed to explain and illustrate deviations, upload that file to the Supplemental

Documents section of the Vendor Questionnaire.

3.1. NON-EXCLUSIVE CONTRACT

This is a non-exclusive contract. The Zoo may choose not to purchase all categories of items from the prime vendor food service contract as it may be more beneficial for them to purchase items from other sources.

3.2. CONTRACT PERIOD

The resulting contract is for a one year period beginning November 1, 2023 or upon award of bid, whichever first occurs, with four (4) possible one-year renewal options if mutually agreed upon between Dane County and prime vendor sixty (60) days prior to the end of each contract year.

3.3. PRICES

A. Copies of invoices confirming bidder’s prices during this period may be required. Invoices shall be made available to the Zoo Management or Purchasing Agent within 24 hours of request.

B. Bidder will provide base price (bidder’s delivered or laid in cost) and quote a percentage above base price per item on the bid price worksheets attached. This list will be utilized in the audit process with the successful bidder.

C. The successful bidder shall furnish a complete price schedule to Purchasing and to the Henry Vilas

Zoo monthly, via email, no later that the first of each month.

D. All prices quoted shall be delivered FOB Destination Henry Vilas Zoo, Madison, Wisconsin between

8:00-9:30 a.m., Thursday to specific storage locations as determined by Zoo staff. Schedule may vary as agreed upon between the vendor and Zoo.

3.4. INVOICES

Invoices must accompany delivery. Incorrect invoices shall not affect prompt payment discounts. Discount period shall commence upon receipt of a correct invoice. Weekly statements reflecting credits from product returns and any discounts are required.

3.5. AWARD OF BID

A. It is the intent of Dane County to award one prime vendor.

B. Potential volume for early pay discounts that bidders may offer will not be part of the award process for this bid. However, this does not preclude the awarded bidder from offering discounts to the Zoo during the length of the contract period. Potential volume or early pay discounts offered may be considered if Dane County establishes it can meet the discount deadline dates.

C. Prior to bid award, the apparent low bidder will be required to submit copies of manufacturer or supplier invoices for the week of September 24, 2018 that document and confirm the base prices bid. Dane County will audit selected invoices to verify the accuracy of bidder’s base costs.

D. Bidder agrees to make the Dane County Purchasing Division aware of any pending changes which may affect this contract.

3.6. PRIME VENDOR PERFORMANCE

A. Prime vendor performance shall be used as a basis in the decision by the Zoo and the Purchasing

Division to either continue this contract into each of the four (4) optional renewal years or to terminate and re-bid this contract.

B. Prime vendor will be requested to furnish a complete listing of produce that is available for purchase.

C. Products shall be furnished for testing and evaluation as required by Zoo free of charge.

D. Nutritional Data must be provided to the facility upon request free of charge.

E. Acceptable prime vendor performance for the term of this contract shall be a 98% fill rate.

3.7. AUDIT

During the life of the contract, Dane County will be allowed in-house audit privileges of prime vendor ’s records to determine validity of pricing upon seven (7) days notice to the prime vendor .

3.8. CANCELLATION OF CONTRACT

A. Dane County Purchasing Division reserves the right to cancel this contract at any time for convenience with or without cause.

B. Dane County Purchasing will provide the prime vendor sixty (60) calendar days notice, in writing, by registered or certified mail, of its cancellation of contract. Contract obligations of the prime vendor shall continue during the notice period as if contract were in full force.

C. Should the awarded prime vendor wish to terminate the contract, the prime vendor agrees to provide Dane County Purchasing, in writing, by registered or certified mail, sixty (60) calendar days notice of termination of contract. During the sixty (60) day notice period, the prime vendor agrees to fulfill the contract.

3.9. QUANTITES

A. Quantities listed in this bid document are only estimates of typically used line items for the usage period as indicated in the pricing section.

B. Zoo will use existing products from their current prime vendor until all product is exhausted.

C. The quantity of each product delivered shall not exceed or fall short of the quantity ordered by more than five percent (5%). Zoo has the option to reject such portions of a shipment that exceed five percent (5%) of the ordered amount. Items short more than the allowable five percent (5%) may affect the evaluation of the prime vendor’s performance.

3.10. DELIVERIES

A. Delivery will be one time each week on Thursday between 8:00 a.m. and 9:30 a.m. The Zoo opens to the public at 9:30 a.m. and due to traffic, it will be easier for the Vendor to make delivery prior to the

Zoo opening. Vendor should be aware the Zoo does not have a loading dock at the Administration

Building and is not easily accessed with a large semi-trailer.

The Vendor will be responsible for delivery to the Administration Building located at 702 South Randall

Avenue, Madison, WI 53713. Vendor will place produce down the chute located inside the door of the

Administration Building. The driver will then deliver produce to the Primate House loading dock located inside Gate 11. (Vendor personnel are not allowed in the Primate House unless they have been tested and cleared for TB).

1. All deliveries shall be made FOB destination.

2. Changes to the above delivery schedules during the contract period may be made by Zoo staff.

B. In the event of a disaster or other emergency, prime vendor agrees to provide 24 hour service to

Zoo except where the prime vendor ’s ability to perform is impaired by the same disaster or emergency.

C. Refrigerated or frozen product shall be delivered in clean, refrigerated/freezer trucks, containing proper equipment capable of maintaining appropriate temperature.

3.11. QUALITY, GRADE

A. A qualified product lists (QP list) is included. Bidders must base their bids on those products listed on the QP listing. Other products may be accepted once the contract is in force at the discretion of the

Zoo Supervisor. Grade and quality of product below that specified will not be accepted. Prime vendor shall furnish grade, quality, ingredient or product specifications to the Zoo upon request.

B. Merchandise delivered must be guaranteed to comply in all respects to all applicable Federal Pure

Food Laws and Regulations and laws of the State of Wisconsin.

3.12. INSPECTION OF PRODUCT

Product will be inspected by designated Zoo personnel at the time of delivery of within 24 hours of delivery. Deviations in weights, counts, quality, etc., shall be corrected by prime vendor, upon notification by Zoo staff, within an acceptable time frame. Failure to comply with this section may be cause for cancellation of contract. Product that fails to meet specifications either in product quality (as in produce) or packaging, will be refused. Prime vendor agrees to issue credit immediately. The Zoo will reorder. Credit memoranda for all delivery locations is to be issued and either faxed, emailed or mailed weekly to the Zoo.

3.13. PACKAGING

Packaging shall be in accordance with the best commercial practices so as to protect food items from dirt and other contaminates. All containers must be labeled indicating contents and name of packer of distributor. All containers shall meet the requirements of the applicable U. S. Standard for Conditions of

Food Containers. Individual and shipping containers shall be new, clean and unbroken. If recycled materials are used for shipping cases, etc., please note. Size of containers shall be as specified in the bid. All products furnished shall be dated with either the date of manufacture or last date the product may be sold. If product dating is coded, the coding key shall be furnished to the Zoo upon request.

Production Identification: Individual packages shall be plainly marked with the kind, variety, count, net contents, and name of manufacturer or packer. Mixed lots varying in brand (original or trademark) will not be acceptable. Shipping containers shall be plainly marked with the kind, variety, number and net content of the individual containers. The USDA quality grade shall be stamped on the shipping container.

Shipping containers received which are not properly marked as specified in this bid can be cause for rejection.

3.14. NEW AND DELETED PRODUCTS

A. New Products may be added to this contract at the discretion of the Zoo Supervisor. Items which are no longer manufactured or which are not being ordered in sufficient quantity may be deleted from this contract. The prime vendor shall offer substitutes, as appropriate, with the Zoo making the final decision of acceptance. The prime vendor shall notify the Zoo a minimum of seven days in advance of discontinuing an item.

B. Questions with respect to quality, grade, etc. of new products, will be referred to the Zoo Supervisor for evaluation and testing. In the event it is determined that a product does not satisfy Zoo requirements, or meet bid specifications, such product shall be rejected and the cost of evaluation and/or testing shall be assumed by the prime vendor .

3.15. BACK ORDER AND SUBSTITUTIONS

Prime vendor is responsible for notifying Zoo of any shortage of product 24 hours prior to scheduled deliver. Prime vendor shall supply the Zoo with a choice of like items in a grade equal to or higher than specified for the same price except in limited situation where factors outside the control of the prime vendor result in base price increases. Prime vendor must have Zoo Supervisor or designee’s approval for substitutions involving a price increase.

4. PRICING TABLE

Pricing shall be inclusive of all labor, delivery costs and other expenses necessary to provide product in accordance with the specifications and terms and conditions of this bid document and your proposal.

PRODUCE PRICING

Line Item Description Desired

Quantity Frequency Unit Cost Unit of

Measure No Bid

1 Apples, Red Delicious 138 ct. 1-2/week ct

2 Bananas, turners 40 lb. 1-2/week lb

3 Blueberries 12 ct. pints 1-2/week pint

4 Broccoli 14 ct. head 1-2/week head

5 Cantaloupe 6 ct. 1-2/week ct

6 Carrots 50 lb. 1-2/week lb

7 Cauliflower 12 ct. head 1-2/week ct

8 Ear corn 60 ct. 1/month ct

9 Endive 24 ct. 1-2/week ct

10 Grapes, red seedless 22 lb. 1-2/week lb

11 Kale 24 ct. 1-2/week ct

12 Mixed vegetables

(frozen) 9/case/16 oz. 8 cases/ 4 times per year case

13 Oranges 138 ct. 1/month ct

14 Papaya 10 ct. 1/month ct

15 Pears 120 ct 1-2/week ct

16 Romaine lettuce 24 ct. head 1-2/week head

17 Tomatoes, red ripe 5 lb. 1-2/week lb

Line Item Description Desired

Quantity Frequency Unit Cost Unit of

Measure No Bid

18 Turnip Greens 24 ct. 1/month ct

19 Watermelon (in season) Ea. 2/week

May/Oct each

20 Yams 40 lb. 1-2/week lb

21 Mixed Nuts (in shell) 50 lb. 2/year lb

22 Raw Peanuts, unsalted

(in shell) 50 lb. 2/year lb

23 Other fruits and vegetables as needed lb

5. VENDOR QUESTIONNAIRE

5.1. BID DOCUMENT UPLOADS

5.1.1. Upload supplemental documents

Upload any additional or required information documents that supplements the bid submission.

5.1.2. Upload W9*

Upload your company's W9 form.

NOTE: The W9 is required to be signed within the past 12 months

*Response required

5.2. VENDOR INFORMATION

5.2.1. Local Content Vendor Preference*

Select a Local Content Vendor Preference:

Dane County Made Criteria:

1. An article that is manufactured, mined, produced or grown in the Dane County and;

2. Over 50% of the total cost of its components are made in Dane County.

Regionally Made Criteria:

1. An article that is manufactured, mined, produced or grown in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk and;

2. Over 50% of the total cost of its components are made in one of the following counties: Dane, Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

Wisconsin Made Criteria

1. An article that is manufactured, mined, produced or grown in the State of Wisconsin and;

2. Over 50% of the total cost of its components are made in the State of Wisconsin.

NOTE: “Component”, as referenced in the above criteria, means an article, materials, or supply incorporated directly into a finished product.

☐ Dane County-Made

☐ Regionally-Made

☐ Wisconsin-Made

☐ No Preference

*Response required

5.2.2. Local Vendor Preference *

Select a Local Vendor Preference:

Locally Based and Owned Vendor Criteria

1. Your business or corporate headquarters is physically located in Dane County and;

2. Your business owners or shareholders totaling more than 50% of ownership live in Dane County and;

3. Your business is registered and authorized to do business in the State of Wisconsin.

Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business within Dane County.

Non-Locally Operated Vendor Criteria

1. Your business is registered and authorized to do business in the State of Wisconsin and;

2. Your business has an established place of business in one of the following Wisconsin Counties:

Columbia, Dodge, Green, Iowa, Jefferson, Rock, or Sauk.

NOTE: A post office box address does not qualify as an established place of business.

☐ Locally Based & Owned Vendor

☐ Locally Operated Vendor

☐ Non-Locally Operated Vendor

☐ No Preference

*Response required

5.2.3. Cooperative Purchasing*

Reference General Guidelines - Section 8.

Does your company agree to furnish the commodities or services of this bid to municipalities and state agencies?

☐ Yes

☐ No

*Response required

5.2.4. Fair Labor Practice Certification*

Has your company been found by the National Labor Relations Board ("NLRB") or the Wisconsin

Employment Relations Commission ("WERC") to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed?

If yesis answered, a copy of any relevant information regarding such violation is required to be uploaded with your bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

☐ No, our company has NOT been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

http://www.nlrb.gov/ http://werc.wi.gov/

☐ Yes, our company HAS been found by the NLRB or the WERC to have violated any statute or regulation regarding labor standards or relations in the seven years prior to the date this bid submission is signed.

*Response required

5.3. BID SPECIFICATIONS

5.3.1. Bid Specifications*

Vendor agrees to all Bid Specifications listed on the Bid Specifications Page.

☐ Yes

☐ No

*Response required

5.4. BID DEVIATIONS

5.4.1. Specification Deviations*

Does your submission have any specification deviations?

If yes, provide the Spec # and deviation explanation for each deviation.

If no, write in "None"

*Response required

5.5. BID ADDENDA

5.5.1. I understand that if any addendum is issued I will have to acknowledge the posted addendum. * ☐ Please confirm

*Response required

5.5.2. If an addendum is posted after I have submitted my bid response and the resulting addendum requires action to be taken either in the Specification Section or Pricing Section, I understand that:*

1. I will have to unsubmit my bid response.

2. I will have to acknowledge the posted addendum.

3. I will have to take action in responding to the changes on either the Specification Section or Pricing

Section.

4. I will then have to resubmit my bid response.

Further instructions on addendum(a) postings can be found here.

☐ Please confirm

*Response required

../../../../../portal/countyofdane/projects/44766?section=369799 https://help.procurement.opengov.com/en/articles/4413350-managing-addenda

5.6. SIGNATURE AFFIDAVIT

5.6.1. Solicitation Response Signature Affidavit*

This is an electronic signature form via DocuSign that is required to be signed upon finalizing submission of bid or proposal.

NOTE: For detailed instructions on how to complete the forms via DocuSign, please access the help articles below:

How to Complete DocuSign Forms

How to Download, Complete and Upload without DocuSign

Click here to go to the form

*Response required https://help.procurement.opengov.com/en/articles/5659414-how-to-complete-docusign-forms https://help.procurement.opengov.com/en/articles/5608000-how-to-download-docusign-forms https://na4.docusign.net/Member/PowerFormSigning.aspx?PowerFormId=edc59ca5-ec84-4fbd-949b-c65e2eec75b7&env=na4&acct=89dea4ef-d946-42fe-b789-43edb8d4c6b1&v=2

6. GENERAL GUIDELINES

6.1. INTRODUCTION

Dane County invites and will accept bids for item(s) outlined within this bid. The County as represented by Purchasing Division, intends to use the results of this process to purchase goods or services here within.

6.2. REASONABLE ACCOMMODATIONS

The County will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a vendor conference or site visit, contact the Purchasing Officer listed or call WI

Relay 711 for TDD Services.

6.3. VENDOR REGISTRATION

Interested vendors are required to register at the County's eProcurement Portal. Registration is free and will ensure that you receive notifications of solicitations that match your profile and category code.

Registering allows a vendor the opportunity to receive notifications for bids issued by the County and provides the County with up-to-date company contact information.

Once registered, please double check to make sure your vendor information including commodity codes is up-to-date by signing into your account at the County's eProcurement Portal.

6.4. CLARIFICATION/QUESTIONS

Any questions concerning this bid must be submitted via the County's eProcurement Portal.

Questions must be received before 2:00 pm on Monday, September 11, 2023.

Requests submitted after that time will not be considered.

6.5. ADDENDA & REVISIONS

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this bid, addenda and/or supplements will be posted via the County's eProcurement Portal.

Bidders are responsible to regularly monitor the web site for any such postings. It is recommended to check the eProcurement Portal for addenda prior to submitting a proposal. Bidders must acknowledge the receipt/review of any addenda via the eProcurement Portal.

The Purchasing Division has the sole authority for modifications to specifications and/or this bid document.

6.6. INSPECTION OF PREMISES/VENDOR SITE VISIT

When applicable, bidder’s may inspect site(s) prior to submitting bids to determine all requirements associated with the project by contacting Megan Rogan. Failure to do so will in no way relieve the successful bidder from the necessity of providing, without additional cost to the County, all necessary services that may be required to carry out the intent of the resulting contract.

https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane

6.7. LOCAL VENDOR PURCHASING PREFERENCE

APPLICABLE TO RFB's

Under Dane County Ordinance 25.08(11)(c-e), a Locally Based and Owned Vendor, Locally Operated

Vendor, or Non-Locally Operated Vendor may be invited to match the low bid if the low bid is offered by a vendor that is not identified as a Locally Based and Owned Vendor, Locally Operated Vendor, or Non-

Locally Operated Vendor according to Dane County Ordinance requirements. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

Locally Based and Owned Vendors:

1. When bids are reviewed, the County will determine if a Locally Based and Owned Vendor responding to the bid is the low bidder. If a Locally Based and Owned Vendor is the low bidder, they will be awarded the bid.

2. If a Locally Based and Owned Vendor is not the low bidder but is within 15% of the low bid, the

County will contact the Locally Based and Owned Vendor and provide that vendor the option of matching the low bid price.

3. If no Locally Based and Owned Vendors are among the responding bidders, or the Locally Based and

Owned Vendor declines to match the low bid, then the County will determine if a Locally Operated

Vendor has responded to the bid.

Locally Operated Vendors:

4. If a Locally Operated Vendor is within 10% of the low bid, the County will contact the Locally Operated

Vendor and provide that vendor the option of matching the low bid price.

5. If no Locally Operated Vendors are among the responding bidders, or the Locally Operated Vendor declines to match the low bid, then the County will determine if a Non-Locally Operated Vendor has responded to the bid.

Non-Locally Operated Vendors:

6. If a Non-Locally Operated Vendor is within 5% of the low bid, the County will contact the Non-Locally

Operated Vendor and provide that vendor the option of matching the low bid price.

7. If no Non-Locally Operated Vendors are among the responding bidders, or the Non-Locally Operated

Vendor declines to match the low bid, then the County will award the bid to the low bidder without regard to the location of the vendor.

APPLICABLE TO RFP's

Under County ordinances, a Local Vendor is defined as a supplier or provider of equipment, materials, supplies or services that has an established place of business within the County of Dane. An established place of business means a physical office, plant or other facility. A post office box address does not qualify a vendor as a Local Vendor.

1. County ordinance provides that a local vendor automatically receive five points toward the evaluation score.

2. Vendors located within the counties adjacent to Dane County (Columbia, Dodge, Green, Iowa, Jefferson, Rock, Sauk) automatically receive two points toward the evaluation score.

6.8. LOCAL CONTENT VENDOR PREFERENCE

GENERALLY ONLY APPLICABLE TO RFB's

Under Dane County Ordinance 25.08(4)(f-j), bidders offering goods made in Dane County, its surrounding counties, or the State of Wisconsin receive a price preference on sealed bid solicitations.

Bids are first evaluated to determine if any bidders are offering products that qualify as Dane County-

Made Goods, Regionally-Made Goods, or Wisconsin-Made Goods. Local Vendor Preferences do not apply to bids for sand, gravel, salt, asphalt and concrete.

A bidder offering Dane County-Made Goods will be considered the successful bidder if their price is up to 15% higher than the low bid for goods that are not Dane County-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Regionally-Made Goods. If so, then such a bidder will be considered successful if their price is up to 12.5% higher than the low bid for goods that are not Regionally-Made Goods. If no vendors meet this criteria, then the County will determine if any bidder is offering Wisconsin-Made Goods. If so, that bidder will be considered successful if their price is up to 10% higher than the low bid for goods that are not Wisconsin-Made Goods. If no vendors are offering Dane County-Made, Regionally-Made, or Wisconsin-Made Goods, then the County will evaluate the low bid without regard to the content of the goods.

6.9. FAIR LABOR PRACTICES CERTIFICATION

Dane County Ord. 25.09 (1) is as follows:

(28) BIDDER RESPONSIBILITY. (a) Any bid, application or proposal for any contract with the county, including public works contracts regulated under chapter 40, shall include a certification indicating whether the bidder has been found by the National Labor Relations Board (NLRB) or the Wisconsin

Employment Relations Committee (WERC) to have violated any statute or regulation regarding labor standards or relations within the last seven years. The purchasing manager shall investigate any such finding and make a recommendation to the committee, which shall determine whether the conduct resulting in the finding affects the bidder’s responsibility to perform the contract.

If a company indicates that they have been found by the NLRB or WERC to have such a violation in the

Vendor Questionnaire section, a copy of any relevant information regarding such violation with is required to be uploaded with the bid submission.

Additional information about the NLRB and WERC can be found using the following links:

www.nlrb.gov and http://werc.wi.gov.

6.10. COOPERATIVE PURCHASING

Participating in cooperative purchasing gives vendors the opportunity for additional sales without additional bidding. Municipalities and state agencies use cooperative purchasing to expedite purchases.

A “municipality” is defined as any 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 authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (20, Wis. Stats.

https://www.nlrb.gov/ http://werc.wi.gov/

In the Vendor Questionnaire section, you will have the opportunity to participate in allowing municipalities and state agencies to piggyback this bid. Participation is not mandatory. A vendor’s decision on participating in this service has no effect on awarding the bid.

Dane County is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

6.11. DESIGNATION OF CONFIDENTIAL & PROPRIETY INFORMATION

GENERALLY ONLY APPLICABLE TO RFP's

All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the Vendor Information Attachment under the “Designation of Confidential and

Proprietary Information” section.

Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with the applicable Wisconsin State Statute(s).

Submitted pricing will always become public information when proposals are opened and therefore cannot be designated as confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in Sect.

134(80)(1)(c) Wis. State Statutes, as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

To the extent permitted by law, it is the intention of Dane County to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of Dane County. At that time, all proposals will be available for review in accordance with the Wisconsin Open Records Law.

In the event the Designation of Confidentiality of this information is challenged, is required to provide legal counsel or other necessary assistance to defend the Designation of Confidentiality.

Failure to designate confidential and proprietary information within the Designation of Confidential and

Proprietary Information section of the Vendor Information Attachment may mean that all information provided as part of the proposal response will be open to examination or copying. The County considers other markings of confidential in the proposal document to be insufficient. The undersigned agrees to hold the County harmless for any damages arising out of the release of any material unless they are specifically identified within the Designation of Confidential and Proprietary Information section of the

Vendor Information Attachment.

6.12. BID SUBMISSION, MULTIPLE PROPOSALS & ACCEPTANCE

Proposals must be submitted via the County's eProcurement Portal before 2:00 pm on Thursday, September 21, 2023. Late, faxed, mailed, hand-delivered, or incomplete proposals will be rejected unless otherwise specified. Dane County is not liable for any cost incurred by proposers in replying to this RFP.

Multiple proposals from a vendor will be permissible; however, the proposer must create separate accounts with separate log-in sequences, emails, and passwords on the County’s eProcurement

Portal. Each such proposal must be submitted separately and labeled as Proposal #1, Proposal #2, etc.

Please message procurementsupport@opengov.com with any questions regarding set up.

Dane County reserves the right to accept any part of this bid deemed to be in the best interest of the

County. The County also retains the right to accept or reject any or all bids.

6.13. PROPOSAL ORGANIZATION & FORMAT

Proposers must respond to the Vendor Questionnaire via the eProcurement Portal and organize based on submission instructions.

6.14. GENERAL INSTRUCTIONS ON SUBMITTING COST PROPOSALS

The Cost Proposal section of this solicitation will either be incorporated into the system as a Pricing

Table or as a separate Cost Proposal Attachment that must be downloaded, completed, saved, and uploaded to the Vendor Questionnaire section separate from the RFP response.

On occasion, certain Dane County Highway RFPs may not include a Cost Proposal element to the solicitation.

6.15. PRICING

Price(s) quoted shall include all labor, materials, equipment, shipping and other costs and conditions outlined within the bid. Pricing shall remain fixed.

6.16. RIGHT TO REJECT PROPOSALS & NEGOTIATE CONTRACT TERMS

The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

6.17. PRELIMINARY EVALUATION

The proposals will first be reviewed to determine if all applicable requirements are met. Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the County reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in the solicitation.

https://procurement.opengov.com/portal/countyofdane https://procurement.opengov.com/portal/countyofdane mailto:procurementsupport@opengov.com

6.18. PROPOSAL SCORING

GENERALLY ONLY APPLICABLE TO RFP's

Accepted proposals will be reviewed by an evaluation team and scored against the stated criteria in the evaluation section of the RFP posting. This scoring will determine the ranking of vendors based upon their written proposals. If the team determines that it is in the best interest of the County to require a

Phase 2 Evaluation which may include oral presentations, the highest-ranking vendors will be invited to make such presentations. Those vendors that participate in the interview process will then be scored, and the final ranking will be made based upon those scores.

RFP Cost Proposal's will be scored using a standard quantitative calculation where the most cost criteria points will be awarded to the proposal with the lowest cost.

6.19. ORAL PRESENTATIONS/INTERVIEW

GENERALLY ONLY APPLICABLE TO RFP's

Top ranked selected proposers may be required to make oral interview presentations and/or site visits to supplement their proposals, if requested by the County. The County will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct a presentation to the County on the date scheduled may result in rejection of the vendor’s proposal.

6.20. AWARD

APPLICABLE TO RFP's

An RFP award will typically be granted in one of two ways.

1. The award may be granted to the highest scoring responsive and responsible proposer.

2. Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked. The award will then be granted to the highest scoring proposer.

A resulting award and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

APPLICABLE TO RFB's

The County will award the bid to the responsive and responsible bidder whose bid is most advantageous to the County. In determining the most advantageous bid, the County may consider criteria such as, but not limited to, cost, bidder’s past performance and/or service reputation, and service capability, quality of the bidder’s staff or services, customer satisfaction, references, the extent to which the bidder’s staff or services meet the County’s needs, bidder’s past relationship with the County, total long term cost to the County, fleet continuity and any other relevant criteria listed in this solicitation.

A resulting award and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any

Subcontractor’s performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

6.21. NOTIFICATION OF INTENT TO AWARD

As a courtesy, the County may send a Notice of Intent letter to responding vendors at the time of the award.

Written notice of award to a vendor in the form of a purchase order or other document, mailed or emailed to the address shown on the bid will be considered sufficient notice of acceptance of bid.

6.22. CONTRACT/PROJECT ADMINISTRATION

The County department(s) utilizing the service will be responsible for coordinating, monitoring and administering the resulting service contract/purchase order. The department shall be responsible for notifying the awarded vendor about contract renewals or extensions. Any modifications or additions to the contract(s)/purchase order(s) shall be communicated by the department to the Purchasing Division.

6.23. CONTRACT ASSIGNMENT - SUBCONTRACTORS

A resulting contract and any part thereof shall not be subcontracted or assigned to another Contractor without prior written permission of the County. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. Subcontractors must abide by all terms and conditions under this Contract.

6.24. CONTRACT ADDITIONS

The County reserves the right to add new items and locations at a price conforming to other like items on the contract. The procedure for such additions shall be as follows:

1. The County Purchasing Officer will contact the vendor requesting pricing for the item(s) to be added.

2. The vendor, within three working days, should respond in writing and include the bid number, contract period and the price for each item or service to be provided.

3. Upon receipt, the County shall issue a Change Order adding the service or product(s) to the

Contract or Purchase Order.

• The County reserves the right to accept or reject prices and obtain bids on the open market for these add ons.

• When applicable, Contractor may be required to sign a Dane County Contract.

6.25. CONTRACT TERMINATION

If for any reason the successful contractor fails to fulfill the requirements of the contract for providing the specified services, the County shall have the right to cancel the contract at any time and negotiate for the services with another contractor.

6.26. PAYMENT TERMS & INVOICING

Unless otherwise agreed upon in writing, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods or services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment shall be submitted to via email to the Department Invoice Email Address shown on the Bill To section of the

PO issued. The Dane County purchase order number must be noted on the submitted invoice.

Other incidental or standard industry charges not identified herein, are not allowed under this contract.

Miscellaneous service charges used to help the Contractor pay various fluctuating current and future costs are not allowed. These charges include, but are not limited to, costs directly or indirectly related to the environment, energy issues, fuel charges, service and delivery of goods and services.

6.27. CERTIFICATE OF INSURANCE

The successful vendor is required to submit to Dane County a Certificate of Insurance prior to performing any work under this contract. The certificate is required prior to issuance of purchase order.

See Section 22.0 Insurance Responsibility in the Standard Terms & Conditions.

Please contact your insurance representative to issue an Additional Insured Endorsement naming

County of Dane, a municipal corporation, its boards, commissions, agencies, officers, employees and representatives listed as an ADDITIONAL INSURED on the General Liability policy.

Indicate mailing address as:

County of Dane

Risk Management

City County Building Room 425

210 Martin Luther King Jr., Blvd.

Madison, WI 53703

Please inform your insurance representative that you have agreed to provide us with 30 Days written notice in the event of cancellation for any reason before the expiration date of your policy or policies.

Call 608-266-4965 with any questions.

6.28. PERMITS & LICENSES

The Contractor selected under this bid shall be required to obtain the necessary permits and licenses prior to performing any work under this contract. The Contractor will be required to demonstrate valid possession of appropriate required licenses and will keep them in effect for the term of this contract.

Contractor must be financially responsible for obtaining all required permits and licenses to comply with pertinent regulations, municipal, county, State of Wisconsin and Federal laws, and shall assume liability for all applicable taxes.

6.29. SATISFACTORY WORK

Any work found to be in any way defective or unsatisfactory shall be corrected by the Contractor at its own expense at the order of the County. The County also reserves the right to contract out services not satisfactorily completed and to purchase substitute services elsewhere. The County reserves the right to charge the vendor with any or all costs incurred or retain/deduct the amount of such costs incurred from any monies due or which may become due under this contract.

6.30. GOVERNMENT STANDARDS

All materials, equipment, and supplies provided to the County must fully comply with all safety requirements as set forth by the Wisconsin Department of Commerce and all applicable OSHA

Standards. Bidders shall comply with all local, state and federal regulations, directives and laws.

6.31. DANE COUNTY SUSTAINABILITY PRINCIPLES

On October 18, 2012, the Dane County Board of Supervisors adopted Resolution 103, 2012-2013 establishing the following sustainability principles for the county:

• Reduce and eventually eliminate Dane County government’s contribution to fossil fuel dependence and to wasteful use of scarce metals and minerals;

• Reduce and eventually eliminate Dane County government’s contribution to dependence upon persistent chemicals and wasteful use of synthetic substances;

• Reduce and eventually eliminate Dane County government’s contribution to encroachment upon nature and harm to life-sustaining ecosystems (e.g., land, water, wildlife, forest, soil, ecosystems); and

• Reduce and eventually eliminate Dane County government’s contribution to conditions that undermine people’s ability to meet their basic human needs.

7. STANDARD TERMS AND CONDITIONS

7.1. APPLICABILITY

The terms and conditions set forth in this document apply to Requests for Proposals (RFP), Bids and all other transactions whereby the County of Dane acquires goods or services, or both.

7.2. ENTIRE AGREEMENT

These Standard Terms and Conditions shall apply to any contract, including any purchase order, awarded as a result of this request. Special requirements of a resulting contract may also apply. Said written contract with referenced parts and attachments shall constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County. Unless otherwise stated in the agreement, these standard terms conditions supersede any other terms and/or conditions applicable to this agreement.

7.3. DEFINITIONS

As used herein, “vendor” includes a provider of goods or services, or both, who is responding to an RFP or a bid, and “bid” includes a response to either an RFP or a bid.

7.4. SPECIFICATIONS

The specifications herein are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability or performance level, or any combination thereof, desired. When alternates are proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. Dane County shall be the sole judge of equivalency. Vendors are cautioned to avoid proposing alternates to the specifications that may result in rejection of their bid.

7.5. DEVIATIONS AND EXCEPTIONS

Deviations and exceptions from terms, conditions, or specifications shall be described fully in writing, signed, and attached to the bid. In the absence of such statement, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and vendor shall be held liable for injury resulting from any deviation.

7.6. QUALITY

Unless otherwise indicated in the request, all material shall be first quality. No pre-owned, obsolete, discontinued or defective materials may be used.

7.7. QUANTITIES

The quantities shown herein are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

7.8. DELIVERY

Deliveries shall be FOB destination freight prepaid and included unless otherwise specified. County will reject shipments sent C.O.D. or freight collect.

7.9. PRICING

Unit prices shown on the bid shall be the price per unit of sale as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid evaluation and contract administration.

1. Prices established in continuing agreements and term contracts may be lowered due to market conditions, but prices shall not be subject to increase for the term specified in the award. Vendor shall submit proposed increases to the Purchasing Division thirty (30) calendar days before the proposed effective date of the price increase. Proposed increases shall be limited to fully documented cost increases to the vendor that are demonstrated to be industry wide. Price increases may not be granted unless they are expressed in bid documents and contracts or agreements.

2. Submission of a bid constitutes bidder’s certification that no financial or personal relationship exists between the bidder and any county official or employee except as specially set forth in writing attached to and made a part of the bid. The successful bidder shall disclose any such relationship which develops during the term of the contract.

7.10. ACCEPTANCE-REJECTION

Dane County reserves the right to accept or reject any or all bids, to waive any technicality in any bid submitted and to accept any part of a bid as deemed to be in the best interests of the County.

Submission of a proposal or a bid constitutes the making of an offer to contract and gives the County an option valid for 60 days after the date of submission to the County.

1. Proposals must be submitted via the County's eProcurement Portal. THERE WILL BE NO EXCEPTIONS

TO THIS POLICY.

7.11. METHOD OF AWARD

Award shall be made to the lowest responsible responsive bidder conforming to specifications, terms, and conditions, or to the most advantageous bid submitted to the County on a quality versus price basis.

7.12. ORDERING/ACCEPTANCE

Written notice of award to a vendor in the form of a purchase order or other document, mailed or delivered to the address shown on the bid will be considered sufficient notice of acceptance of bid. A formal contract containing all provisions of the contract signed by both parties shall be used when required by the Dane County Purchasing Division.

7.13. PAYMENT TERMS AND INVOICING

Unless otherwise agreed, Dane County will pay properly submitted vendor invoices within thirty (30) days of receipt of goods and services. Payment will not be made until goods or services are delivered, installed (if required), and accepted as specified. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order.

1. NO WAIVER OF DEFAULT: In no event shall the making of any payment or acceptance of any service or product required by this Agreement constitute or be construed as a waiver by County of any breach of the covenants of the Agreement or a waiver of any default of the successful vendor, and the making of any such payment or acceptance of any such service or product by County while any such default or breach shall exist shall in no way impair or prejudice the right of County with respect to recovery of damages or other remedy as a result of such breach or default.

7.14. TAXES

The County and its departments are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The State of Wisconsin

Department of Revenue has issued tax exempt number CES 008-1020421168-06 to Dane County.

1. The County is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. The County is exempt from Wisconsin sales or use tax on these purchases.