State of Wisconsin
DOA-3261 (R08/2003)
s.16.75, Wis. Statutes
PROPOSALS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
If using PO Box,
Department of Administration
Division of Enterprise Operations
SBOP/CAPS
101 East Wilson Street, 9th Floor
Madison, WI 53702
P.O. Box 7869, 53707-7869
REQUEST FOR PROPOSAL
#IN0850117 – THIS IS NOT AN ORDER
PROPOSER (Name and Address)
Remove from proposer list for this commodity/service. (Return this page only.)
Proposal envelope must be sealed and plainly marked in lower corner with due date and Request
for Proposal #IN0850117. Late proposals will be rejected. Proposals MUST be date and time
stamped by the soliciting purchasing office on or before the date and time that the proposal is due.
Proposals dated and time stamped in another office will be rejected. Receipt of a proposal by the
mail system does not constitute receipt of a proposal by the purchasing office. Any proposal which
is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.
Proposals must be submitted separately, i.e., not included with sample packages or other
proposals. Proposal 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.
Proposer should contact person named below for an appointment to view the proposal record.
Proposals shall be firm for acceptance for sixty (60) days from date of proposal opening, unless
otherwise noted. The attached terms and conditions apply to any subsequent award.
Proposals MUST be in this office no later than
Public Opening
November 15, 2007, 2:00 PM CT
No Public Opening xx
Name (Contact for further information)
Patricia Conley
Phone
608-264-9591
Quote Price and Delivery FOB
Madison
September 27, 2007
Description
A Request for Proposal RFP
For
State of Wisconsin, Office of Commissioner of Insurance
Local Government Property Insurance Fund
Actuarial Services for the Local Government Property Insurance Fund
RFP #IN0850117
Proposals must be submitted no later than 2:00 p.m. CT
Thursday, November 15, 2007
LATE PROPOSALS WILL BE REJECTED
Payment Terms:
Delivery Time:
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be
certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington
Ave., Madison, Wisconsin 53702, (608) 267-9550.
We are a work center qualified under Wis. Stats. s. 16.752. Questions concerning the qualification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th
Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our
bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
Yes
No
Unknown
In signing this proposal 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 proposal; that this proposal has been independently arrived at without collusion with any
other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer 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 Proposal and all terms of our proposal.
Name of Authorized Company Representative (Type or Print)
Title
Signature of Above
Date
Phone
(
)
Fax
(
)
e-mail:
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
TABLE OF CONTENTS
1.0
2.0
3.0
4.0
5.0
GENERAL INFORMATION
1.1
Introduction and background
1.2
Scope of the project
1.3
Procuring and contracting agency
1.4
Definitions
1.5
Clarification and/or revisions to the specifications and requirements
1.6
Vendor conference
1.7
Reasonable accommodations
1.8
Calendar of events
1.9
Contract term and funding
1.10
VendorNet registration
1.11
Debarment
PREPARING AND SUBMITTING A PROPOSAL
2.1
General instructions
2.2
Incurring costs
2.3
Submitting the proposal
2.4
Proposal organization and format
2.5
Multiple proposals
2.6
Oral presentations and site visits
2.7
Withdrawal of proposals
2.8
Late Responses
PROPOSAL SELECTION AND AWARD PROCESS
3.1
Preliminary evaluation
3.2
Proposal scoring
3.3
Evaluation criteria
3.4
Right to reject proposals and negotiate contract terms
3.5
Award and final offers
3.6
Notification of intent to award
3.7
Appeals process
GENERAL PROPOSAL REQUIREMENTS
4.1
Mandatory requirements
4.2
Organization capabilities
4.3
Staff qualifications
4.4
Service Office
4.5
Proposer references
4.6
Supplier Diversity
TECHNICAL REQUIREMENTS
5.1
Overview of technical requirements
5.2
Technical requirement 1
5.3
Performance Standards
5.4
Constraints Upon Contractor
6.0
7.0
8.0
COST PROPOSAL
6.1
General instructions on preparing cost proposals
6.2
Format for submitting cost proposals
6.3
Fixed price period
SPECIAL CONTRACT TERMS AND CONDITIONS
7.1
Payment requirements
7.2
Special provisions
7.3
Liquidated damages
7.4
Prime contractor and minority business subcontractors
7.5
Executed contract to constitute entire agreement
7.6
Termination of contract
7.7
Contract Amendment
STANDARD TERMS AND CONDITIONS
Standard Terms and Conditions (Requests for Bids/Proposals) (DOA-3054)
Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)
9.0
REQUIRED FORMS
Request for Proposal (DOA-3261), Completed and Signed
Designation of Confidential and Proprietary Information (DOA-3027)
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Vendor Agreement (DOA-3333)
Minority Business Enterprise Subcontracting Plan of Action
Cost Proposal (Attachment A)
Appendix A (Sample Contract)
Appendix B (Speciman Policy and Claims Information)
LGPIF Statutory Annual Statement as of June 30, 2006
LGPIF Insurance Expense Exhibit as of June 30, 2006
LGPIF Claims Register for Claims from January 1, 2002 to December 31, 2006
LGPIF Policy Inforce Register as of December 31, 2006
1.0
GENERAL INFORMATION
1.1
Introduction and background
The purpose of this document is to provide interested parties with information to enable them to prepare
and submit a proposal for actuarial services for the Local Government Property Insurance Fund (Fund).
The State as represented by the Office of the Commissioner of Insurance (OCI) intends to use the results of
this solicitation to award a contract for actuarial services for the Fund.
1.2
Scope of the project
1.2.1
Project description
The OCI is conducting a selection process for the actuarial services for the Fund.
1.2.2
Objectives
The OCI seeks to identify and retain a firm to provide actuarial services as explained in this RFP.
It intends to enter into a formal one-year written agreement with four one-year renewal options
for actuarial services with the chosen firm.
The purpose of contracting for actuarial services is to ensure that premium and rates are set based
on sound actuarial principles, and to provide expertise on other matters that require actuarial
analysis, including but not limited to the establishment of loss reserves.
1.2.3
Needs
Please refer to Section 5.0, Technical Requirements
1.2.4
Current operations
The OCI is headed by the Commissioner of Insurance who is appointed by and serves at the
pleasure of the Governor. The purpose of the OCI is to supervise the insurance industry operating
in Wisconsin and to administer the various statutes and administrative rules which regulate the
insurance industry. The primary goal of the OCI is to protect the best interests of the insurance
consumers of Wisconsin though development of trade practice regulations, monitoring and
enforcement activities and consumer education and outreach efforts.
The (Wisconsin) State Property Insurance Fund was created by the 1903 Legislature to provide
property insurance on all state properties. In 1911 the authority of the Fund was extended to
include counties and further extended in 1913 to include coverage for properties of cities, towns,
villages, school districts, and library boards, all on a voluntary basis.
By legislative action effective July 1, 1980, coverage on all state property was transferred out of
the Fund and the name of the Fund was changed to the Local Government Property Insurance
Fund. Also effective July 1, 1980, the administration of the Fund was contracted, following
competitive bidding, to an outside agency. The ASU Group is the current administrator. All claim
and subrogation services are also being provided by The ASU Group.
All rules, rates, and forms are subject to approval of the OCI. The Fund is governed by ch. 604
And ch. 605, Wis. Stat. The statutes are published on the Internet at
www.legis.state.wi.us/rsb/statutes.html. The Fund is periodically audited by the state legislative
audit bureau.
Fund coverages are provided on both manuscript and Insurance Services Office (ISO) forms. See
Valuation Project Policy published on the Internet at http://oci.wi.gov/lgpif/41-080.pdf. The
coverage document is extremely broad. The Fund does not write earthquake or flood coverage,
however it does provide water run-off coverage.
Examples of Types of Property Covered:
1.
2.
3.
4.
5.
Buildings
Contents
Property in the open
Contractors equipment
Vehicles (trucks, cars, buses)
6.
7.
8.
9.
10.
Fine Arts
Computers
Museum collections
Buildings under construction
Zoo animals
Each local governmental unit wishing to insure in the Fund is required to pass a resolution placing
all of its real property in the program. Contents and inland marine coverages are optional. The
Fund cannot refuse to underwrite, or selectively underwrite, a particular risk or insured. The
process of underwriting is limited to evaluating proper values and establishing appropriate rates.
The Fund is a subscriber to the services of ISO and effective January 1, 2003, it began rating at
100% of the ISO blanket average loss costs and using 100% of building and contents insurance
inforce values. Previously the rates used by the Fund applied a multiplier of .74 of ISO blanket
average loss costs and used only 99% of insured values for building and contents. The Fund does
not provide direct loss control or safety inspection services to policyholders; however, the Fund
encourages loss control efforts, and discounts are available for suitable alarm systems.
The Fund contracts for appraisal services to help it adequately determine the replacement cost
values for insured’s property and contents. American Appraisal Associates currently reviews the
evaluation data and uses computer models to project replacement costs. If a policyholder does not
elect to participate in the evaluation program after the first year renewal, the policy is renewed with
a 100% coinsurance requirement. As of June 30, 2007, approximately 95% of the Fund’s
policyholders participate in the valuation program, 4% have the coinsurance policy and the
remaining 1% are new business in the first year of a policy.
The following information about the Local Government Property Insurance Fund is available as
indicated below:



Chapters 604 and 605, Wisconsin Statutes. The statutes are published on the Internet at
http://www.legis.state.wi.us/rsb/statutes.html
Wisconsin Commissioner of Insurance Home Page/Local Government Property Insurance
Fund is found at http://oci.wi.gov/lgpif.htm. This site contains the following information:
 Fund administrative bulletins
 Financial information
 Miscellaneous state reports
 Committees
 Forms
 Newsletters
Further information about the Fund may be found in Appendices A and B as listed in the
Table of Contents.
Catastrophic reinsurance coverage is currently provided subject to the following:
Limits—each occurrence
$425,000,000
Deductible (Fund Retention)—each occurrence
2,000,000
The deductible is limited to $18,000,000 annual aggregate. In the event the aggregate is
exhausted, a $10,000 each and every occurrence deductible remains in effect. It is further agreed
that $5,000 will be deducted for each and every occurrence when calculating the aggregate loss in
any one annual period.
All properties and all coverages accepted by the Fund are covered. Current coverage in force is
approximately $43 billion, as of June 30, 2007.
1.3
Procuring and contracting agency
This Request for Proposal (RFP) is issued by the Wisconsin Department of Administration (DOA) through
its Consolidated Agency Purchasing Services (CAPS), on behalf of the Commissioner of Insurance, which
is the sole point of contact for the State of Wisconsin during the selection process. The person responsible
for managing the procurement process is Patricia Conley, Procurement Specialist.
The contract resulting from this RFP will be administered by the Wisconsin Office of the Commissioner of
Insurance.. The contract administrator will be Danford Bubolz, Insurance Program Officer for the Local
Government Property Insurance Fund.
1.4
Definitions
The following definitions are used through the RFP.
Agency means the Office of the Commissioner of Insurance (OCI)
CAPS means Consolidated Agency Purchasing Services
DOA means Department of Administration
Proposer/vendor means a firm submitting a proposal in response to this RFP.
State means State of Wisconsin.
Contractor means proposer awarded the contract.
Fund means the Local Government Property Insurance Fund (LGPIF).
Conditions of the RFP that include the word “must” or “shall” describe a mandatory requirement. All
specifications are defined as mandatory requirements unless otherwise stated. If no proposer is able to
comply with a given specification or condition in the RFP, then the State reserves the right to delete the
specification or condition in the RFP. FAILURE TO MEET A MANDATORY REQUIREMENT MAY
DISQUALIFY YOUR PROPOSAL. This contract RFP document and the awarded proposer’s
(Contractor’s) response information shall become the Contract.
1.5
Clarification and/or revisions to the specifications and requirements
Any questions concerning this RFP must be submitted via e-mail on or before
October 8, 2007, 4:00 pm. to: Patricia Conley, pat.conley@wisconsin.gov, 608/264-9591.
Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFP
DOCUMENT at this point in the RFP process. If a vendor discovers any significant ambiguity, error,
conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should notify immediately the
above named individual of such error and request modification or clarification of the RFP.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any
part of this RFP, revisions/amendments and/or supplements will be provided to all recipients of this initial
RFP.
Each proposal shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFP
and any supplements or revisions thereof.
Any contact with State employees concerning this RFP is prohibited, except as authorized by the RFP
manager during the period from date of release of the RFP until the notice of intent to contract is released.
1.6
Vendor conference
A vendor conference will be held on Thursday, October 25, 2007, at the Office of the Commissioner of
Insurance, 125 S. Webster St., Madison, WI to respond to written questions and to provide any needed
additional instruction to vendors on the submission of proposals. If no questions are received, the State
reserves the right to cancel the vendor conference. All vendors who intend to respond to the RFP should
attend the vendor conference.
1.7
Reasonable accommodations
The Department will provide reasonable accommodations, including the provision of informational material
in an alternative format, for qualified individuals with disabilities upon request. If you think you need
accommodations at a proposal opening/vendor conference, contact Pat Conley at 608/264-9591 (voice),
608/264-9500 (fax).
1.8
Calendar of events
Listed below are specific and estimated dates and times of actions related to this Request for Proposal
(RFP). 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 in the
calendar of events listed below, it will do so by issuing a supplement to this RFP. There may or may not be
a formal notification issued for changes in the estimated dates and times.
DATE
September 27, 2007
October 8, 2007
October 25, 2007
November 1, 2007
November 15, 2007
December 13, 2007 (est.)
January 15, 2008 (est.)
February 1, 2008 (est.)
1.9
EVENT
Date of issue of the RFP.
Last day for submitting written inquires.
Vendor conference.
Post to VendorNet supplements/revisions or answers to questions to the RFP.
Proposals due from vendors.
Oral presentations and/or demonstrations by invited vendors.
Notification of intent to award sent to vendors.
Contract start date.
Contract term and funding
The contract shall be effective on the date indicated on the purchase order or the contract execution date
and shall run for one year from that date, with an option by mutual agreement of the agency and contractor,
to renew for four additional one-year periods.
This Contract shall automatically be renewed into its second, third, fourth or fifth years unless Purchasing is
notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days prior to
expiration of the initial and/or succeeding Contract term(s).
1.10
VendorNet registration
Only vendors registered with the State of Wisconsin’s VendorNet will receive automatic future official
notice for bid opportunities for this service/commodity. The State of Wisconsin’s purchasing information
and vendor notification service is available to all businesses and organizations that want to sell to the state.
Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state
purchasing practices and policies, goods and services that the state buys, and tips on selling to the state.
1.11
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 excluded by any Federal
department or agency from doing business with the Federal Government. Information on debarment is
available at the following websites: www.epls.gov and www.arnet.gov/far/.
2.0
PREPARING AND SUBMITTING A PROPOSAL
2.1
General instructions
The evaluation and selection of a contractor and the contract will be based on the information submitted in
the vendor's proposal plus references and any required on-site visits or oral interviews. Failure to respond
to each of the requirements in the RFP may be the basis for rejecting a response.
Elaborate proposals (e.g., expensive artwork), beyond that sufficient to present a complete and effective
proposal, are not necessary or desired.
2.2
Incurring costs
The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.
2.3
Submitting the proposal
Proposers must submit an original and six (6) copies of all materials required for acceptance of their
proposal by Thursday, November 15, 2007, 2:00 PM CT to:
Postal Address
Patricia Conley
Department of Administration
PO Box 7869
Madison WI 53707-7869
Common Carrier Address
Patricia Conley
Department of Administration
101 E. Wilson Street, 9th Floor
Madison WI 53702
Proposals must be received in the above office by the specified time stated above. All proposals must be
time-stamped as accepted by the Purchasing Office by the stated time. Proposals not so stamped will not be
accepted. Receipt of a proposal by the State mail system does not constitute receipt of a proposal by the
Purchasing Office, for purposes of this RFP.
To ensure confidentiality of the document, all proposals must be packaged, sealed and show the following
information on the outside of the package:
—Proposer's name and address
—Request for proposal title
—Request for proposal number
—Proposal due date
An original plus three (3) copies of the Cost Proposal must be sealed and submitted as a separate part of
the proposal. The outside of the envelope must be clearly labeled with the words “Cost Proposal, RFP
(Name of RFP)” and name of the vendor and due date. The cost proposal is due to the addressee on the due
date and time noted above.
2.4
Proposal organization and format
Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be
organized and presented in the order and by the number assigned in the RFP. Proposals should be
organized with the following headings and subheadings. Each heading and subheading should be separated
by tabs or otherwise clearly marked. The RFP sections which should be submitted or responded to are:
(EXAMPLE)
Cover page
Introduction
Response to general requirements (4.0)
Organizational qualifications (4.2)
Staff qualifications (4.3)
References (4.5)
Response to technical requirements (5.0)
Cost proposal (6.0)
Required forms (9.0)
Request for Proposal (DOA-3261), completed and signed
Designation of Confidential and Proprietary Information
Vendor Information
Vendor Reference
Cost Sheet, Attachment A
Appendix (A & B)
The vendor must submit its Cost Proposal on the form provided in Attachment A according to the
instructions provided. Failure to provide any requested information in the prescribed format may result in
disqualification of the proposal.
No mention of the cost proposal may be made in the response to the technical requirements of this Request
for Proposal.
2.5
Multiple proposals
Multiple proposals from a vendor will be permissible; however, each proposal must conform fully to the
requirements for proposal submission. Each such proposal must be submitted separately and labeled as
Proposal #1, Proposal #2, etc. on each page included in the response. Alternate acquisition plans do not
constitute multiple proposals.
2.6
Oral presentations and site visits
Top scoring vendors based on an evaluation of the written proposal may be required to participate in
interviews and/or site visits to support and clarify their proposals, if requested by the State. The State 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 interview or permit a site visit on the date scheduled may result in
rejection of the vendor's proposal.
2.7
Withdrawal of proposals
Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may
withdraw a proposal in writing at any time up to the proposal closing date and time or upon expiration of
seven (7) days after the due date and time if received by the RFP project manager. To accomplish this, the
written request must be signed by an authorized representative of the proposer and submitted to the RFP
project manager. If a previously submitted proposal is withdrawn before the proposal due date and time,
the proposer may submit another proposal at any time up to the proposal closing date and time.
2.8
Late Responses
Any responses received after the hour specified in Section 2.3 will not be reviewed.
3.0
PROPOSAL SELECTION AND AWARD PROCESS
3.1
Preliminary evaluation
The proposals will be reviewed initially to determine if mandatory requirements are met. Failure to meet
mandatory requirements will result in rejection of the proposal. In the event that all vendors do not meet
one or more of the mandatory requirements, the State reserves the right to continue the evaluation of the
proposals and to select the proposal which most closely meets the requirements specified in this RFP.
3.2
Proposal scoring
The cost proposals will be calculated with the most points awarded to the proposal with the lowest cost.
Other cost proposals will be assigned points that correlate to those assigned to the lowest cost proposal.
Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. A
proposer may not contact any member of an evaluation committee except at the State’s direction. The
committee may review references, request interviews, and/or conduct on-site visits and use the results in
scoring the proposals. Proposals from certified Minority Business Enterprises may have points weighted by
a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses (Wis. Stats.
16.75(3m)). The evaluation committee's scoring will be tabulated and averaged and the proposals ranked
based on the averaged numerical scores received.
3.3
Evaluation criteria
The proposals will be scored using the following criteria:
Description
Percent
1.
General requirements
a. Organizational Capabilities (4.3)
b. Staff Qualifications
50
20
30
2.
Technical requirements
a. Developing classes and rates (5.2.1)
b. Statistical information (5.2.2)
c. Recommendations on a, b (5.2.3)
d. Report on a, b, and c (5.2.4)
e. Annual Financial Report (5.2.5)
f. Actuarial Assistance (5.2.6)
30
5
5
5
5
5
5
3.
Cost
20
Total:
100
The evaluation committee must award at least 50 points of the 80 total points for the non-cost factor
requirements to having the cost proposal scored. A proposal that receives less than 50 points on these
sections (1 and 2 combined) will be ineligible for further consideration.
3.4
Right to reject proposals and negotiate contract terms
The State reserves the right to reject any and all proposals. The State may 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 agency may
negotiate a contract with the next highest scoring proposer.
3.5
Award and final offers
The State will compile the final scores (technical and cost) for each proposal. The award will be granted in
one of two ways. The award may be granted to the highest scoring responsive and responsible proposer.
Alternatively, the highest scoring proposer or proposers may be requested to submit final and best offers. If
final and best offers are requested by the State and submitted by the vendor, they will be evaluated against
the stated criteria, scored and ranked by the evaluation committee. The award then will be granted to the
highest scoring proposer. However, a proposer should not expect that the State will request a final and best
offer.
3.6
Notification of intent to award
All vendors who respond to this RFP will be notified in writing of the State's intent to award the contract(s)
as a result of this RFP.
After notification of the intent to award is made, and under the supervision of agency staff, copies of
proposals will be available for public inspection from 8:00 a.m. to 4:30 p.m. at 101 E. Wilson St., Madison
WI, 9th Floor. Vendors should schedule reviews with Cheryl Foxford at 608-266-0312.
3.7
Appeals process
Notices of intent to protest and protests must be made in writing to the head procuring agency. Protestors
should make their protests as specific as possible and should identify statutes and Wisconsin Administrative
Code provisions that are alleged to have been violated.
Any written notice of intent to protest the intent to award a contract must be filed with
Sean Dilweg, Commissioner of Insurance
c/o Jacque Gernetzke
Office of the Commissioner of Insurance
125 S. Webster St.
Madison WI 53702
and received in his office no later than five (5) working days after the notices of intent to award are issued.
Any written protest must be received within ten (10) working days after the notice of intent to award is
issued.
In addition, a copy of the protest should be sent electronically to the purchasing office responsible for the
procurement.
The decision of the head of the procuring agency may be appealed to the Secretary of the Department of
Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring
agency. The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin
Administrative Code.
4.0
GENERAL PROPOSAL REQUIREMENTS
4.1
Mandatory requirements
The following requirements are mandatory and the proposer must satisfy them.
4.1.1
Provide name and address of the vendor.
4.1.2
Advise of any possible conflict of interest conditions. Rationale as to why these conditions should
not be a problem for this contract may be explained. If no such conflict exists, you must state
that in your response to the RFP under this section.
4.2
4.3
4.4
Organization capabilities
4.2.1
Describe the experience and capabilities of the proposer (proposers if jointly responding) in
providing similar services to those required. Be specific and identify projects, dates, and results.
Note any past experience with government organizations or applicable programs.
4.2.2
Provide a brief history and description of your organization. List prior names of the business if
changes have been made. The description should include the size, scope, capability, and areas of
specialization. Identify the Parent Corporation or other entities with significant financial interest in
the proposer.
4.2.3
Detail the Contractor’s methodology to be utilized in providing the services required in Section 5,
including a staffing plan and describing the level of staff support in the Contract.
4.2.4
Provide one or more examples of the vendor’s work product.
4.2.5
Respond to the draft contract which is attached as Appendix A, in the following manner: A
contract similar to the draft contract, except for the cost-related items left blank, will be the
contract signed by the successful vendor, unless the vendor specifically proposes a modification in
its proposal. Any modifications should be noted on the draft contract submitted with the proposal
and explanation of the changes should be included in the proposal.
4.2.6
Your proposal should include any additional services which you would provide to the Fund at no
additional cost.
Staff qualifications
4.3.1
Provide resumes describing the educational and work experiences for each of the key
staff who would be assigned to the account on a permanent basis. Identify principal and
alternate staff; people listed must be in the office that will service the account. Provide
their title, area(s) of expertise, number of other accounts to which they are assigned, and
number of years of their experience. Identify the primary point of contact and backup point of
contact. Designate an individual as the “lead” actuary (the person responsible in the vendor’s
organization for the conduct and oversight of the services required under the contract). Identify
whether the key people are qualified actuaries, i.e., members in good standing of the American
Academy of Actuaries, or have otherwise demonstrated actuarial competence to the satisfaction of
the insurance regulatory official of the domiciliary state.
4.3.1
Briefly describe the role the key staff will play and an indication of the percent of their time that
will be allotted for the Fund’s account. Also indicate the accessibility to those staff if proposer is
awarded a contract.
4.3.2
If proposer is awarded a contract, describe what access the Fund will have to proposer’s senior
management. Identify the senior management and provide their titles. Also describe the process
that will be used before a key staff person assigned to the Fund’s account is replaced.
Service office
Describe the size and location of the office from which the Fund’s account would be serviced.
4.5
Proposer references
Proposers must include in their RFPs, a list of all (clients/buyers/organizations) with whom the proposer has
done business like that required by this solicitation within the last (months/years). For each
client/buyer/organization, the proposer must include the name, title, address, and telephone number of a
contact person along with a brief description of the project or assignment which was the basis for the
business relationship. The procuring agency will determine which, if any, references to contact to assess the
quality of work performed and personnel assigned to the project. The results of any references will be
provided to the evaluation committee and used in scoring the proposal.
4.6
Supplier Diversity - Minority Business Program
The proposing vendor must submit a subcontracting plan of action indicating their utilization of
certified minority businesses enterprises (MBE) in their company supply chain. Explain your
current use of MBEs in conducting day-to-day operations in your firm (I.E. using an MBE for
providing office supplies, transportation, etc. to support the contract. This would be considered a
2nd tier purchase.) In addition, specifically lay out a plan of action explaining how you would utilize
MBEs for any contract resulting from this solicitation. Include in this response any subcontracting
that will be done to support any resulting contract, and any 2nd tier procurements that would be
performed in conjunction with a contract.
The State of Wisconsin is committed to the promotion of minority business in the State’s purchasing
program and a goal of placing a minimum of five (5) percent of its total purchasing dollars with certified
minority businesses. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(4), and
16.75(5) and 560.036(2). The Department of Administration is committed to the minority business
program and with this procurement, the successful contractor is encouraged to purchase 5% of services and
supplies from minority businesses certified by the Wisconsin Department of Commerce, Bureau of Minority
Development.
The Department of Administration will require from the successful contractor a quarterly report of
purchases of such supplies and services necessary for the implementation of this contract. A listing of
certified minority businesses, as well as the services and commodities they provide, is available from the
Department of Administration, Office of Minority Business Program, (608) 267-7806. The list is published
on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp
5.0
TECHNICAL REQUIREMENTS
5.1
Perform actuarial services for the Fund, including attendance at semiannual Advisory and Oversight
Committee meetings. The purpose of contracting for actuarial services is to accurately assess rate and
premium levels and establish loss reserves (incurred but not reported, IBNR) for the Fund on an annual
basis to ensure the financial stability of the Fund.
Focus actuarial services on (1) experience review, (2) statistical documentation and analysis, and (3)
financial report preparation.
5.2
Annually, review the experience of the Fund incorporating the following technical requirements:
5.2.1
Assist the Fund in establishing rates for entity types including:
(1) documentation of underlying assumptions;
(2) testing the accuracy of the assumptions underlying the current rates; and
(3) analyzing entity and territorial differentials for possible modification.
5.2.2
Work closely with the Fund’s manager to develop additional statistical information to be used in
review of and support for rate filings.
5.2.3
Develop recommendations reflecting the foregoing for review by the Advisory and Oversight
Committee for action by OCI.
5.2.4
Prepare and present a report reflecting the foregoing, including rate recommendations for the
Fund, to the Advisory and Oversight Committees.
5.2.5
Assist the manager of the Fund in the preparation of the actuarial-related elements of the annual
financial report to the Commissioner of Insurance.
5.2.6
Assist the Fund in other matters of an actuarial nature, including, but not limited to:
(1) Analysis of proposed legislative changes which could affect the financial status of the Fund.
(2) Special projects selected by the Advisory Committee, Oversight Committee, or OCI.
(3) Provision of statistical information and analysis requested or required by the legislature or
judiciary.
(4) Analysis of information provided by commercial property insurers and/or by governmental
property insurance associations.
5.3
Performance Standards
Perform actuarial services in accordance with the Standards of Practice as promulgated by the Actuarial
Standards Board of the American Academy of Actuaries.
The actuarial report needs to be issued timely for review by OCI and the Advisory Committee prior to the
Advisory Committee’s semi-annual spring meeting (April).
Actuaries shall attend and present their report to the Advisory Rating Subcommittee and possibly the
Advisory Committee Meeting.
5.4
Constraints Upon Contractor
The administration of the Fund is subject to the statutory provisions of chs. 604 and 605, Wis. Stat., and
other insurance statutes and regulations applicable to property insurers operating in the State of Wisconsin.
The statutes impose certain constraints upon vendors which must be considered in preparing proposals.
Should a statutory interpretation issue arise, it shall be submitted to OCI for its review and determination.
Copies chs. 604 and 605, Wis. Stat., are published on the Internet at www.legis.state.wi.us/rsb/statutes.html.
In conducting services under a contract resulting from this proposal, the contractor shall designate a primary
contact person to maintain lines of communication with the primary agency contact person (the Fund’s
insurance program officer). All initial contacts and meetings with the contractor shall be through the
agency contact person. All contractor operations and records pertaining to the provision of contractual
services shall be open for review or audit by the agency or its designee at any time. The Commissioner of
Insurance will reserve the right to make all major policy or operating decisions after considering the
recommendations of the contractor.
6.0
COST PROPOSAL
6.1
General instructions on preparing cost proposals
The cost proposal should be submitted in a separate envelope with the written proposal. The proposal will
be scored using a standard quantitative calculation where the most points will be awarded to the proposal
with the lowest cost. Various costing methodologies and models are available to analyze the cost
information submitted to determine the lowest costs to the State. The State will select one method and use
it consistently throughout its analysis. The cost methodology will be available at the time that the proposals
are due.
6.2
Format for submitting cost proposals
Attachment A must be completed and submitted per Section 2.3.
6.3
Fixed price period
All prices, costs, and conditions outlined in the proposal shall remain fixed and valid for acceptance for
sixty (60) calendar days starting on the due date for proposals.
7.0
SPECIAL CONTRACT TERMS AND CONDITIONS
7.1
Payment requirements
Itemized invoices for services shall be submitted in the month following the conclusion of the work, or on a
monthly basis for special projects. The vendor shall provide additional information or supporting data for
the purpose of verifying charges upon request of the Fund.
7.2
Special provisions
Commit that the named principal and other key personnel fully responsible for the account will not be
removed from the account without prior approval of the Office of the Commissioner of Insurance 9OCI).
Also commit that the replacement, if OCI agrees to the replacement, must meet OCI’s approval. Such
approval will not be withheld arbitrarily.
7.3
Liquidated damages
Both parties acknowledge that it can be difficult to ascertain actual damages when a Contractor fails to
carry out the responsibilities of the contract. Because of that, the Contractor acknowledges that for the
contract resulting from this bid, it will negotiate liquidated damages, as required by the State, for the
contract. The contractor agrees that the agency shall have the right to liquidate such damages, through
deduction from the contractor's invoices, in the amount equal to the damages incurred, or by direct billing to
the contractor.
7.4
Prime contractor
The prime contractor will be responsible for contract performance when subcontractors are used. However,
when subcontractors are used, they must abide by all terms and conditions of the contract. If subcontractors
are to be used, the proposer must clearly explain their participation.
7.5
Executed contract to constitute entire agreement
In the event of contract award, the definitive contract will constitute the entire agreement of the parties and
will supersede any representations, commitments, conditions, or agreements made orally or in writing prior
to execution of the contract. (or)
In the event of contract award, the contents of this RFP (including all attachments), RFP addenda and
revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the
agency and the contractor shall become part of the contract. Failure of the successful proposer to accept
these as a contractual agreement may result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts or disputes.
Official Purchase Orders
Vendor's Proposal Dated 11/15/2007
State Request for Proposal Dated 09/27/2007
Standard Terms and Conditions
7.6
Termination of contract
The agency may terminate the contract at any time at its sole discretion by delivering ninety (90) days
written notice to the contractor. Upon termination, the agency's liability will be limited to the pro rata cost
of the services performed as of the date of termination plus expenses incurred with the prior written
approval of the agency. In the event that the contractor terminates the contract, for any reason whatsoever,
it will refund to the agency within 30 days of said termination, all payments made hereunder by the agency
to the contractor for work not completed or not accepted by the agency. Such termination will require
written notice to that effect to be delivered by the contractor to the agency not less than 180 days prior to
said termination.
7.7
Contract Amendments
The contract may be amended within the contract period by mutual consent of the parties. No modification
or amendment to the contract shall become valid unless in writing and signed by both parties. All
correspondence regarding modifications or amendments to the contract must be forwarded to the Office of
the Commissioner of Insurance, attention Dan Bubolz, for prior review and approval.
8.0
STANDARD TERMS AND CONDITIONS
The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract
negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions (DOA-3054) and
Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681)). Failure of the successful
proposer to accept these obligations in a contractual agreement may result in cancellation of the award.
9.0
REQUIRED FORMS
The following forms must be completed and submitted with the proposal in accordance with the instructions given in
Section 2.4. Blank forms are attached.
Request for Proposal (DOA-3261), completed and signed
Designation of Confidential and Proprietary Information (DOA-3027)
Vendor Information (DOA-3477)
Vendor Reference (DOA-3478)
Vendor Agreement (DOA-3333)
Cost Proposal (Attachment A)
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired.
When alternates are
bid/proposed, they must be identified by manufacturer, stock
number, and such other information necessary to establish
equivalency. The State of Wisconsin shall be the sole judge
of equivalency. Bidders/proposers are cautioned to avoid
bidding alternates to the specifications which may result in
rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
3.0
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written approval
by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION:
The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any bid/proposal
submitted, and to accept any part of a bid/proposal as
deemed to be in the best interests of the State of
Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the lowest
responsible, responsive bidder unless otherwise specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING:
The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall
reflect these discounts.
6.1
6.2
6.3
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs., doz.,
ea.) 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/proposal evaluation and contract
administration.
Prices established in continuing agreements and
term contracts may be lowered due to general market
conditions, but prices shall not be subject to increase
for ninety (90) calendar days from the date of award.
Any increase proposed shall be submitted to the
contracting agency thirty (30) calendar days before
the proposed effective date of the price increase, and
shall be limited to fully documented cost increases to
the contractor which are demonstrated to be industrywide. The conditions under which price increases
may be granted shall be expressed in bid/proposal
documents and contracts or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must allow
the option of net thirty (30).
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies 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, including all its agencies, 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.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay state use tax
on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
14.0
ENTIRE AGREEMENT:
These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
DOA-3054
Page 2 of 3
are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written
contract and/or order 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 contracting authority.
15.0
16.0
17.0
18.0
19.0
APPLICABLE LAW: This contract shall be governed under
the laws of the State of Wisconsin. The contractor shall at
all times comply with and observe all federal and state
laws, local laws, ordinances, and regulations which are in
effect during the period of this contract and which in any
manner affect the work or its conduct. The State of
Wisconsin reserves the right to cancel this contract if the
contractor fails to follow the requirements of s. 77.66, Wis.
Stats., and related statutes regarding certification for
collection of sales and use tax. The State of Wisconsin
also reserves the right to cancel this contract with any
federally debarred contractor or a contractor that is
presently identified on the list of parties excluded from
federal procurement and non-procurement contracts.
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
regarding this clause are
contracting state agency.
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has
a workforce of less than twenty-five (25) employees.
Within fifteen (15) working days after the contract is
awarded, the contractor must submit the plan to the
contracting state agency for approval. Instructions
on preparing the plan and technical assistance
from
the
19.2
The contractor agrees to post in conspicuous places,
available for employees and applicants for employment, a notice to be provided by the contracting state
agency that sets forth the provisions of the State of
Wisconsin's nondiscrimination law.
19.3
Failure to comply with the conditions of this clause
may result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or
withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin the articles described herein guarantees
the articles were manufactured or produced in accordance
with applicable federal labor laws. Further, that the sale or
use of the articles described herein will not infringe any
United States patent. The contractor covenants that it will
at its own expense defend every suit which shall be brought
against the State of Wisconsin (provided that such
contractor is promptly notified of such suit, and all papers
therein are delivered to it) for any alleged infringement of
any patent by reason of the sale or use of such articles, and
agrees that it will pay all costs, damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment, and
supplies provided to the State of Wisconsin must comply
fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply as
a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of age,
race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s. 51.01(5), Wis.
Stats., sexual orientation as defined in s. 111.32(13m), Wis.
Stats., or national origin. This provision shall include, but
not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the
contractor further agrees to take affirmative action to
ensure equal employment opportunities.
19.1
available
24.0
23.1
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage shall
be one million dollars ($1,000,000) per occurrence
combined single limit for automobile liability and
property damage.
23.3
The state reserves the right to require higher or lower
limits where warranted.
CANCELLATION: The State of Wisconsin reserves the
right to cancel any contract in whole or in part without
penalty due to nonappropriation of funds or for failure of the
contractor to comply with terms, conditions, and specifications of this contract.
DOA-3054
Page 3 of 3
25.0
VENDOR TAX DELINQUENCY: Vendors who have a
delinquent Wisconsin tax liability may have their
payments offset by the State of Wisconsin.
26.0
PUBLIC RECORDS ACCESS: It is the intention of the
state to maintain an open and public process in the
solicitation, submission, review, and approval of
procurement activities.
30.0
MATERIAL SAFETY DATA SHEET: If any item(s) on
an order(s) resulting from this award(s) is a hazardous
chemical, as defined under 29CFR 1910.1200, provide
one (1) copy of a Material Safety Data Sheet for each
item with the shipped container(s) and one (1) copy with
the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state
official or employee for commercial promotion is
prohibited.
News releases pertaining to this
procurement shall not be made without prior approval of
the State of Wisconsin. Release of broadcast e-mails
pertaining to this procurement shall not be made without
prior written authorization of the contracting agency.
32.0
HOLD HARMLESS: The contractor will indemnify and
save harmless the State of Wisconsin and all of its
officers, agents and employees from all suits, actions, or
claims of any character brought for or on account of any
injuries or damages received by any persons or property
resulting from the operations of the contractor, or of any
of its contractors, in prosecuting work under this
agreement.
33.0
FOREIGN CORPORATION: A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to
conform to all the requirements of Chapter 180, Wis.
Stats., relating to a foreign corporation and must
possess a certificate of authority from the Wisconsin
Department of Financial Institutions, unless the
corporation is transacting business in interstate
commerce or is otherwise exempt from the requirement
of obtaining a certificate of authority. Any foreign
corporation which desires to apply for a certificate of
authority should contact the Department of Financial
Institutions, Division of Corporation, P. O. Box 7846,
Madison, WI 53707-7846; telephone (608) 267-7577.
34.0
WORK CENTER PROGRAM:
The successful
bidder/proposer shall agree to implement processes that
allow the State agencies, including the University of
Wisconsin System, to satisfy the State's obligation to
purchase goods and services produced by work centers
certified under the State Use Law, s.16.752, Wis. Stat.
This shall result in requiring the successful
bidder/proposer to include products provided by work
centers in its catalog for State agencies and campuses
or to block the sale of comparable items to State
agencies and campuses.
35.0
FORCE MAJEURE: Neither party shall be in default by
reason of any failure in performance of this Agreement
in accordance with reasonable control and without fault
or negligence on their part. Such causes may include,
but are not restricted to, acts of nature or the public
enemy, acts of the government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and unusually
severe weather, but in every case the failure to perform
such must be beyond the reasonable control and without
the fault or negligence of the party.
Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection
prior to issuance of the notice of intent to award or the
award of the contract.
27.0
PROPRIETARY INFORMATION: Any restrictions on
the use of data contained within a request, must be
clearly stated in the bid/proposal itself. Proprietary
information submitted in response to a request will be
handled in accordance with applicable State of
Wisconsin procurement regulations and the Wisconsin
public records law. Proprietary restrictions normally are
not accepted. However, when accepted, it is the
vendor's responsibility to defend the determination in the
event of an appeal or litigation.
27.1
27.2
28.0
Data
contained
in
a
bid/proposal,
all
documentation provided therein, and innovations
developed as a result of the contracted
commodities or services cannot be copyrighted or
patented.
All data, documentation, and
innovations become the property of the State of
Wisconsin.
Any material submitted by the vendor in response
to this request that the vendor considers
confidential and proprietary information and which
qualifies as a trade secret, as provided in s.
19.36(5), Wis. Stats., or material which can be
kept confidential under the Wisconsin public
records law, must be identified on a Designation of
Confidential and Proprietary Information form
(DOA-3027). Bidders/proposers may request the
form if it is not part of the Request for Bid/Request
for Proposal package. Bid/proposal prices cannot
be held confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis.
Stats.), a member of a state public official's immediate
family, or any organization in which a state public official
or a member of the official's immediate family owns or
controls a ten percent (10%) interest, is a party to this
agreement, and if this agreement involves payment of
more than three thousand dollars ($3,000) within a
twelve (12) month period, this contract is voidable by the
state unless appropriate disclosure is made according to
s. 19.45(6), Wis. Stats., before signing the contract.
Disclosure must be made to the State of Wisconsin
Ethics Board, 44 East Mifflin Street, Suite 601, Madison,
Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain
University of Wisconsin faculty/staff are subject to
separate disclosure requirements, s. 16.417, Wis. Stats.
29.0
RECYCLED MATERIALS: The State of Wisconsin is
required to purchase products incorporating recycled
materials whenever technically and economically
feasible. Bidders are encouraged to bid products with
recycled content which meet specifications.
.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0
2.0
ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action
ensues.
3.2
CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own
organization, that in connection with this procurement:
2.1
The prices in this bid/proposal have been arrived at
independently, without consultation, communication,
or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder/proposer or with any competitor;
2.2
Unless otherwise required by law, the prices which
have been quoted in this bid/proposal have not been
knowingly disclosed by the bidder/proposer and will
not knowingly be disclosed by the bidder/proposer
prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated
procurement, directly or indirectly to any other
bidder/proposer or to any competitor; and
2.3
No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose
of restricting competition.
2.4
Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's organi
zation responsible within that organization for the
decision as to the prices being offered herein and
that he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above; (or)
4.0
DUAL EMPLOYMENT:
Section 16.417, Wis. Stats.,
prohibits an individual who is a State of Wisconsin employee
or who is retained as a contractor full-time by a State of
Wisconsin agency from being retained as a contractor by the
same or another State of Wisconsin agency where the
individual receives more than $12,000 as compensation for
the individual’s services during the same year.
This
prohibition does not apply to individuals who have full-time
appointments for less than twelve (12) months during any
period of time that is not included in the appointment. It
does not include corporations or partnerships.
5.0
EMPLOYMENT:
The contractor will not engage the
services of any person or persons now employed by the
State of Wisconsin, including any department, commission
or board thereof, to provide services relating to this
agreement without the written consent of the employing
agency of such person or persons and of the contracting
agency.
6.0
CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831
Wis. Stats., regarding conflicts of interests by directors in
the conduct of state contracts.
7.0
RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of
all expenditures incurred under the contract. All records
must be kept in accordance with generally accepted
accounting procedures.
All procedures must be in
accordance with federal, state and local ordinances.
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for
the decision as to the prices being offered herein, but
that he/she has been authorized in writing to act as
agent for the persons responsible for such decisions
in certifying that such persons have not participated,
and will not participate in any action contrary to 2.1
through 2.3 above, and as their agent does hereby so
certify; and he/she has not participated, and will not
participate, in any action contrary to 2.1 through 2.3
above.
3.0
of the potential contractor will not be adverse to the
interests of the state.
Contractors shall agree as part of the contract for
services that during performance of the contract, the
contractor will neither provide contractual services
nor enter into any agreement to provide services to a
person or organization that is regulated or funded by
the contracting agency or has interests that are
adverse to the contracting agency. The Department
of Administration may waive this provision, in writing,
if those activities of the contractor will not be adverse
to the interests of the state.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will
retain all documents applicable to the contract for a period of
not less than three (3) years after final payment is made.
DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
8.0
3.1
Prior to award of any contract, a potential contractor
shall certify in writing to the procuring agency that no
relationship exists between the potential contractor
and the procuring or contracting agency that
interferes with fair competition or is a conflict of
interest, and no relationship exists between the
contractor and another person or organization that
constitutes a conflict of interest with respect to a
state contract. The Department of Administration
may waive this provision, in writing, if those activities
INDEPENDENT CAPACITY OF CONTRACTOR:
The
parties hereto agree that the contractor, its officers, agents,
and employees, in the performance of this agreement shall
act in the capacity of an independent contractor and not as
an officer, employee, or agent of the state. The contractor
agrees to take such steps as may be necessary to ensure
that each subcontractor of the contractor will be deemed to
be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, or partner
of the state.
STATE OF WISCONSIN
DOA-3027 N(R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal # IN0850117 includes proprietary and confidential
information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be
kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this
bid/proposal response be treated as confidential material and not be released without our written approval.
Prices always become public information when bids/proposals are opened, and therefore cannot be kept
confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis.
Stats. 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.
We request that the following pages not be released
Section
Page #
Topic
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE
UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND
THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR
DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response
will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be
insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they
are specifically identified above.
Company Name
___________________________________________
Authorized Representative
___________________________________________
Signature
Authorized Representative
___________________________________________
Type or Print
Date
___________________________________________
This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN
Bid / Proposal #
IN0850117
DOA-3477 (R05/98)
Commodity / Service
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
FEIN
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $25,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
5.
State
Zip + 4
CEO / President Name
This document can be made available in accessible formats to qualified individuals with disabilities.
STATE OF WISCONSIN
Bid / Proposal #
IN0850117
DOA-3478 (R12/96)
VENDOR REFERENCE
FOR VENDOR:
Provide company name, address, contact person, telephone number, and appropriate information on the product(s)
and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation
document. If vendor is proposing any arrangement involving a third party, the named references should also be involved
in a similar arrangement.
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No
Product(s) and/or Service(s) Used
Company Name
Address (include Zip + 4)
Contact Person
Phone No.
Product(s) and/or Service(s) Used
This document can be made available in accessible formats to qualified individuals with disabilities.
Division of State Agency Services
State Bureau of Procurement
State of Wisconsin
Department of Administration
DOA-3333 (R03/2004)
Vendor Agreement
Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.
Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the
service 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 the
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 (2), Wis.Stats.
Interested municipalities:
 will contact the contractor directly to place orders referencing the state agency contract number; and
 are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly
to the contractor.
The State of Wisconsin 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.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin
municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to
Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.
A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal
delivery areas, or other minimal changes for municipalities.
Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special
conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature
Date (mm/dd/ccyy)
Name (Type or Print)
Title
Company
Telephone
(
Address (Street)
Commodity/Service
City
State
)
ZIP + 4
Request for Bid/Proposal Number
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION, MADISON, WISCONSIN
BID NO.:
MINORITY BUSINESS ENTERPRISE (MBE) SUBCONTRACTING PLAN OF ACTION
INSTRUCTIONS: Complete and submit this information using this form or on your company letterhead with your bid.
CONTRACT/BID TITLE
DATE
PLAN OF ACTION
In compliance with the Special Contract Terms and Conditions of Bid that reads, “The State of Wisconsin is
committed to the promotion of minority business in the State’s purchasing program and a goal of placing a minimum
of five (5) percent of its total purchasing dollars with certified minority businesses. Authority for this program is found
in Wisconsin Statutes 15.107(2), 16.75(4), and 16.75(5) and 560.036(2)”, the following Plan of Action is submitted:
SIGNTURE
PRINTED OR TYPED NAME/TITLE
COMPANY NAME
DATE:
ATTACHMENT A
COST PROPOSAL
The cost proposal shall include the hourly rates to be charged to the Fund for the services of all staff and
an annual estimate of total cost to the Fund. Services to be provided under this contract shall be stated as
a maximum cost (not to exceed) for each year of the contract. We expect that the maximum cost quoted
will cover services to be provided other than special projects, such as those that fall under section 5.2.6
of the request for proposal. Because of the unpredictable nature of such projects, we do not expect a
vendor's maximum annual cost (not to exceed) to cover special projects. We would expect a vendor to be
available to handle special projects, as they occur, at the hourly rates quoted in the cost proposal. Cost
proposals will be scored using the total maximum cost for the first three-year period. The final two years
will be negotiated with the vendor.
Firm:___________________________________________________________________
Year 1
Hourly Number
Total
Rate
of Hours (Rate *
Hours)
Lead actuary
Senior manager
Manager
Senior consultant
Clerical
Other consulting actuaries
Total annual cost
Maximum (not to exceed) cost
Year 2
Hourly
Rate
Number Total
of Hours (Rate *
Hours)
Year 3
Hourly
Rate
Number Total
of Hours (Rate *
Hours)
Grand
Total
APPENDIX A
SAMPLE CONTRACT
Local Government Property Insurance Fund
Actuarial Services Contract
THIS AGREEMENT dated _________________________ __________, __________ and effective this
__________ day of ____________________ __________ by and between the Office of the Commissioner of
Insurance (the “Agency” or “State of Wisconsin”) and _________________________, hereinafter referred to as
"Contractor"
The purpose of this Agreement for actuarial services is to assist the Agency to accurately assess rate and
premium levels and establish loss reserves (incurred but not reported, IBNR) for the Local Government
Property Insurance Fund (Fund) on an annual basis to ensure the financial stability of the Fund.
I.
Term. The term of this Agreement shall be for one (1) year, from the __________ day of
_________________________
__________,
and
expiring
on
the
__________
day
of
_________________________ __________. The contract may be renewed for two (2) successive one-year
periods upon mutual written agreement of the parties. Contractor will notify the Agency six months prior to the
annual expiration if it wishes to renew this Agreement and shall specify any amendments the Contractor wishes
to propose.
II.
Contact Persons. For purposes of administering this Agreement, the following representatives of each
party are hereby designated as appropriate contact persons:
(a) For the Agency:
Danford Bubolz, Insurance Program Officer
Local Government Property Insurance Fund
125 South Webster Street, Madison, Wisconsin 53702
(b) For the Contractor:
_________________________ _________________________, _________________________
__________ _________________________ _________________________
_________________________ _________________________ __________
III.
Actuarial Services Required
A. Assist the Fund in annually establishing rates and adequate incurred but not reported claims
reserves for the Fund.
1. Assisting the Fund to assess the premium adequacy of the current rate structure by reviewing the
loss experience of the Fund including:
(a.)
Documentation of underlying assumptions
(b.)
Testing the accuracy of the assumptions underlying the current rates
(c.)
Analyzing loss and expense factors, and
(d.)
Analyzing entity and territorial differentials for possible modification
2. Assisting the Fund to assess the adequacy of the reserving methodology for incurred but not
reported claim reserves by:
(a.)
Documentation of underlying assumptions
(b.)
Reviewing the loss experience of the Fund
B.
C.
IV.
(c.)
Testing the accuracy of the assumptions underlying the reserving technique
Prepare and Present Reports Outlining Analysis and Recommendations:
1.
Prepare annual written report containing recommendations relating to any proposed modifications
to the rate structure and reserve changes.
(a.)
Develop recommendations based on the analysis conducted under A., above and
prepare a written report.
(b.)
Present the written report addressing any rate and reserving change recommendations
for the Fund to the Fund’s Advisory and Oversight Committees. That report shall address long-term
financial stability of the Fund.
(c.)
Attend semiannual Spring Advisory and Oversight Committee meetings and present
actuarial report and related findings.
(d.)
Assist the manager of the Fund in the preparation of the actuarial-related elements of
the annual financial report to the Commissioner of Insurance.
(e.)
Work closely with the Fund’s manager to develop additional statistical information to
be used in review of and support for rate filings.
Miscellaneous services that may be reasonably requested and agreed to in writing by the Contractor:
1.
Assist the Fund in other special projects of an actuarial nature, if requested, including but not
limited to:
(a.)
Analysis of any proposed legislative changes, which could affect the financial status of
the Fund.
(b.)
Special projects selected by the Advisory Committee, Oversight Committee, or OCI
including analysis of information provided by commercial property insurers and/or by other governmental
property insurance associations.
(c.)
Provision of statistical information and analysis requested or required by the legislature
or judiciary.
Performance Standards
A. Perform actuarial services in accordance with the Standards of Practice as promulgated by the Actuarial
Standards Board of the American Academy of Actuaries. Perform services in accordance with established
timelines.
V.
Work Plan
The following summarizes how the Contractor proposes to perform services under the Agreement:
Step 1 – Developing Classes and Rates
a. Obtain Program Documentation and Conduct Interviews
During this phase the Contractor will gather information and background data regarding the Fund. It will
obtain facts and ask questions regarding the history as well as any significant changes concerning the Fund.
The results of this phase will provide it with a comprehensive understanding of the Fund and its current
concerns.
b. Projection of Ultimate Losses by Coverage and Entity Type
The data will be organized in a historical triangle format that is conducive for the application of traditional
actuarial methods. The Contractor plans to use the traditional actuarial methods (Loss Development and
Bornhuetter-Ferguson). However, the Contractor may utilize additional methods, such as the Frequency Severity and the Incurred Berquist Sherman methods.
c. Determination of Indicated Rate Change
The selected loss and ALAE ratio based on historical trends and ultimate loss projections will be compared
by the Contractor to the Fund’s expected loss and ALAE ratio to assist the Fund to determine the needed
rate change for the Fund. The expected loss and ALAE ratio should reflect the Fund’s cost structure,
pricing philosophy, and surplus targets.
d. Review Territorial, Class, and Deductible Relativities
The Contractor will review the Fund experience to determine whether a change in the territorial relativities
may be needed. ISO territorial relativities will be compared to Contractor’s suggested relativities as part of
this process.
e. Technical and Professional Standards Review Process
All spreadsheets and analyses prepared by the Contractor’s personnel will undergo a technical review by
peer personnel. Both the engagement manager and the engagement partner, who is a credentialed actuary,
will review all analyses and reports for quality and accuracy. In addition to these three levels of review
during the course of the engagement, a second credentialed actuary, whose responsibility is to monitor the
Contractor’s final work product with respect to the relevant standards for the actuarial profession and
review all Deliverables (as defined herein) hereunder.
Step 2 – Statistical Information
As part of its analysis, the Contractor will review the current available data and determine if additional data
should be captured going forward.
Step 3 – Report and Presentation
All of the methods and assumptions set forth in the Contractor’s analysis will be documented in a detailed
report. This report will include an executive summary that will display results in a concise format. The
Contractor will present its finding to OCI’s contact person, in person, as well as making presentations to the
Advisory and Oversight Committees. The Contractor’s presentation will include, not only the results of the
analysis, but also a high level overview of the industry trends and a comparison of the Fund to these industry
trends.
Step 4 – Annual Financial Report
The contractor will provide support to the Fund Manager surrounding the preparation of the Annual Financial
Report.
VI.
Compensation for Services:
A. Fees and Timing
Fees will be based on the amount of time required at various levels of responsibility, plus direct engagement
and support expenses. Such support expenses include office charges in support of Contractor’s services,
including computer usage, telephone, postage, reproduction and similar expenses.
Below is the listing of fees relating to the first year of the engagement.
Hourly Number Total
Rate
of
(Rate *
Hours Hours)
Lead actuary
$
Senior manager
$
Manager
$
Senior consultant
$
Clerical
$
Other consulting actuaries
$
Total annual cost
***** *****
Maximum (not to exceed) cost ***** *****
B. Other Out-Of-Pocket Expenses Incurred
Reimbursement for travel costs (mileage, meals, and lodging) incurred shall be paid according to the prevailing
rate for state employees. All other expenses are included in the hourly rates listed above.
The Contractor shall establish and maintain adequate records of all expenditures incurred under this Agreement.
All records shall be kept in accordance with the Contractor’s customary practices and procedures. All such
record-keeping procedures must be in accordance with applicable federal and state laws, and local ordinances.
The Agency shall have the right to review, examine, copy and transcribe any directly pertinent non-proprietary
records or invoices to the extent necessary to reasonably substantiate payments made hereunder. The
Contractor will retain all documents applicable to this Agreement for a period of not less than three (3) years
after performance of the services hereunder in accordance with its customary procedures and practices.
C. Payment Terms and Invoicing
The Contractor will issue an invoice for $__________ at the outset of the engagement. The remainder of the
fees will be invoiced as steps are completed.
The Contractor shall bill for services performed hereunder in an itemized monthly invoice. The invoices shall
list the number of hours of service provided by each category of Contractor’s personnel (e.g. lead actuary,
actuarial assistants, clerical, other consulting actuaries, etc.) The invoices shall also itemize any "Other Out-ofPocket Expenses" (Section B above) claimed. The Contractor shall provide additional information or
supporting data for the purpose of verifying charges upon reasonable request.
VII.
Employment of Other Contractors
Subcontractors may be hired only with the prior approval of the Agency.
VIII.
Termination
The Agency may terminate this Agreement at any time at its sole discretion by delivering 90 days' written
notice to the Contractor. Upon termination, the Agency will be liable for the cost of the services performed as
of the date of termination plus out-of-pocket expenses incurred with the prior written approval of the Agency.
In the event that the Contractor terminates this Agreement, for any reason whatsoever, it will refund to the
Agency within 30 days of said termination, all payments made hereunder by the Agency to the Contractor for
services not completed or not performed in accordance with the terms hereof. Such termination will require
written notice to that effect to be delivered by the Contractor to the Agency not less than 180 days prior to said
termination.
Upon the termination of this Agreement, the Agency may, at its expense, upon written request, obtain copies of
all non-proprietary materials directly related to the Contractor’s services hereunder for the Agency and upon
written request, shall be given reasonable access to review such materials at any reasonable time.
IX.
Confidentiality of Information
Contractor shall retain the confidentiality of all of the Agency’s proprietary and confidential information that
the Contractor comes into possession in connection with this Agreement and shall not make such information
accessible to persons other than the Agency without prior written consent of the Agency except (a) as may be
required by law, regulation, judicial or administrative process, or in accordance with applicable professional
standards, or in connection with litigation pertaining hereto, or (b) to the extent that such information (i) shall
have otherwise become publicly available (including, without limitation, any information filed with any
governmental agency and available to the public) other than as the result of a disclosure by the Contractor in
breach hereof, (ii) is disclosed by the Agency to a third party without substantially the same restrictions as set
forth herein, (iii) becomes available to the contractor on a nonconfidential basis from a source other than the
Agency which the Contractor believes is not prohibited form disclosing such information to the Contractor by
obligation to the Agency, (iv) is known by the Contractor prior to its receipt from the Agency without any
obligation of confidentiality with respect thereto, or (v) is developed by the Contractor independently of any
disclosures made by the Agency to the Contractor of such information.
X.
Nonappropriation of Funds
As required by Wisconsin Statutes, this Agreement must include the following provision:
Continuance of this Agreement beyond the limits of funds available shall be contingent upon appropriation of
the necessary funds, and the termination of this Agreement by lack of appropriations shall be without penalty.
The Agency shall notify the Contractor in writing of such unavailability of funds as soon as the Agency shall
reasonably know of such unavailability.
XI.
Executed Contract to Constitute Entire Agreement
This Agreement (including Exhibits A and B), the Agency’s request for proposal (RFP) dated
_________________________ __________, __________, (including all attachments, addenda and revisions)
and the Contractor’s proposal dated _________________________ __________, __________, and additional
terms agreed to, in writing, by the Agency and the Contractor shall become part of this Agreement. Failure of
the Contractor to accept these as a contractual agreement may result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts or disputes.
Official Purchase Orders
Vendor's Proposal Dated _________________________ __________, __________
State Request for Proposal Dated _________________________ __________, __________
Standard Terms and Conditions
XII.
News Releases
News releases pertaining to this procurement or any part of the proposal shall not be made without the prior
approval of the Agency.
XIII.
Standard Terms and Conditions
The Contractor and the Agency will comply with the "Standard Terms and Conditions" and "Supplemental
Standard Terms and Conditions for Procurements for Services" attached hereto as Exhibits A and B.
XIV.
Services
It is understood and agreed that the Contractor’s services hereunder may include advice and recommendations,
but all decisions in connection with the implementation of such advice and recommendations shall be the
responsibility of, and made by, the Agency. In connection with its services hereunder, the Contractor shall be
entitled to rely on all decisions and approvals of the Agency.
XV.
Cooperation
The Agency shall cooperate with Contractor in the performance by Contractor of its services hereunder,
including, without limitation, providing Contractor with reasonable facilities and timely access to data,
information and personnel of the Agency. The Agency shall be responsible for the performance of its personnel
and agents and for the accuracy and completeness of all data and information provided to Contractor for
purposes of the performance by Contractor of its services hereunder.
XVI.
Independent Contractor
It is understood and agreed that each of the parties hereto is an independent contractor and that neither party is,
nor shall be considered to be, an agent, distributor, partner, fiduciary or representative of the other. Neither
party shall act or represent itself, directly or by implication, in any such capacity in respect of the other or in
any manner assume or create any obligation on behalf of, or in the name of, the other.
XVII.
Notices.
All notices hereunder shall be (i) in writing, (ii) delivered to the representatives of the parties at the addresses
first set forth above, unless changed by either party by notice to the other party, and (iii) effective upon receipt.
XVIII. Construction and Severability
This Agreement shall be construed in accordance with the laws of the state of Wisconsin. In the event any
portion of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the remaining provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement, effective February 1, 2002.
For:
_________________________
180 N. Stetson Avenue
Chicago Ill 60601-6779
For:
State of Wisconsin:
Office of the Commissioner of Insurance
125 South Webster Street
Madison Wisconsin 53703
By: ___________________________
By:
______________________________
Name: __________________________
Name: Jorge Gomez___________________
Title: ___________________________
Title: Commissioner of Insurance________
Date: ____________________________
Date: ______________________________