State of Wisconsin DOA-3070 (R08/2003) s.16.75, Wis. Statutes BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.) AGENCY ADDRESS: Wisconsin Department of Health Services ATTN: Joanne Schumer, Procurement Manager Sand Ridge Secure Treatment Center 1111 North Road P.O. Box 700 Mauston, WI 53948 Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid S-0095 DMHSAS-14. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for 90 days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID THIS IS NOT AN ORDER Bids MUST be in this office no later than July 21, 2014 – 3:00 PM CDT BIDDER (Name and Address) Public Opening No Public Opening Name (Contact for further information) Joanne Schumer, E-mail: joanne.schumer@Wisconsin.gov Phone: Date: 608-847-1759 June 30, 2014 Quote Price: Total Cost amount listed in Attachment A $ . General Description The State of Wisconsin, Department of Health Services (DHS) on behalf of the Division of Mental Health and Substance Abuse Services (DMHSAS), Sand Ridge Secure Treatment Center (SRSTC) has issued a Request for Bid (RFB) for the provision of statewide community-based sex offender treatment (SOT) services for clients on supervised release (SR). 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 certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury. We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid. Name of Authorized Company Representative (Type or Print) Title Signature of Above Date Phone ( Fax ( Federal Employer Identification No. ) ) Social Security No. if Sole Proprietor (Voluntary) This form can be made available in accessible formats upon request to qualified individuals with disabilities. Sex Offender Treatment Services for Clients on Supervised Release CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the applicant organization) certifies to the best of his or her knowledge and belief that the applicant defined as the primary participant in accordance with 2 CFR Part 180, and its principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. (To search debarment records go to: https://www.sam.gov/portal/public/SAM/.) b) have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d) have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the applicant not be able to provide this certification, an explanation as to why should be placed after the transmittal letter. The applicant agrees that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, In-eligibility, and Voluntary Exclusion-Lower Tier Covered Transaction”. Appendix to 2 CFR Part 180 in all lower tier covered transactions (i.e., transactions with subgrantees and/or contractors) and in all solicitations for lower tier covered transactions. By: Date: (Signature of Official Authorized to Sign Application) For: Name of Vendor RFB S-0095 DMHSAS-14 DUNS Number: Dun & Bradstreet if applicable Page 2 of 33 Sex Offender Treatment Services for Clients on Supervised Release 1 TABLE OF CONTENTS CERTIFICATION REGARDING DEBARMENT AND SUSPENSION _______________________ 2 1. GENERAL INFORMATION ____________________________________________________ 5 1.1 Introduction ________________________________________________________________________5 1.2 Purpose____________________________________________________________________________5 1.3 Scope______________________________________________________________________________6 1.4 Background / History ________________________________________________________________6 1.5 Contract Quantity/Volume____________________________________________________________7 1.6 Procuring and Contracting Agency_____________________________________________________8 1.7 Definitions _________________________________________________________________________8 1.8 Clarification and/or Revisions to RFB Specifications and Requirements ______________________9 1.9 Reasonable Accommodations_________________________________________________________10 1.10 Calendar of Events _________________________________________________________________10 1.11 Contract Term _____________________________________________________________________11 1.12 Number of Contracts _______________________________________________________________11 1.13 VendorNet Registration _____________________________________________________________11 2 PREPARING AND SUBMITTING BIDS _________________________________________ 12 2.1 General Instructions ________________________________________________________________12 2.2 Incurring Costs ____________________________________________________________________12 2.3 Submitting the Bid _________________________________________________________________12 2.4 Bid Organization and Format ________________________________________________________13 2.5 Multiple Bids ______________________________________________________________________15 2.6 Demonstrations and Site Visits _______________________________________________________16 2.7 Withdrawal of Bids _________________________________________________________________16 3 BID SELECTION AND AWARD PROCESS ______________________________________ 17 3.1 Preliminary Review ________________________________________________________________17 3.2 Right to Reject Bids and Negotiate Contract Terms ______________________________________17 3.3 Method of Award __________________________________________________________________17 3.4 Notification of Intent to Award _______________________________________________________17 3.5 Appeals Process ____________________________________________________________________17 3.6 Other Eligible Parties _______________________________________________________________18 RFB S-0095 DMHSAS-14 Page 3 of 33 Sex Offender Treatment Services for Clients on Supervised Release 4 BIDDER REQUIREMENTS ___________________________________________________ 19 4.1 General Requirements for Bid Response _______________________________________________19 4.2 Mandatory Requirements ___________________________________________________________19 4.3 Organizational Experience ___________________________________________________________20 4.4 Staff Qualifications _________________________________________________________________20 4.5 Reports Required and Timeline for Submission _________________________________________22 4.6 Provider Services __________________________________________________________________23 4.7 References and Vendor Statement(s) __________________________________________________25 5 COST SUBMISSION _________________________________________________________ 27 5.1 General Instructions on Cost Submission _______________________________________________27 5.2 Fixed Price Period __________________________________________________________________27 5.3 Price Adjustment __________________________________________________________________28 5.4 Price Clarifications _________________________________________________________________28 5.5 Additional Items / Services ___________________________________________________________28 6 SPECIAL CONTRACT TERMS AND CONDITIONS _______________________________ 29 6.1 Invoice Terms and Schedule _________________________________________________________29 6.2 Prime Contractor and Subcontractors _________________________________________________29 6.3 Liquidated Damages ________________________________________________________________29 6.4 Supplier Diversity __________________________________________________________________29 6.5 Executed Contract to Constitute Entire Agreement ______________________________________30 6.6 Termination of Contract ____________________________________________________________31 6.7 Standard Terms and Conditions ______________________________________________________31 7 POST AWARD REQUIREMENTS ______________________________________________ 32 7.1 Affirmative Action _________________________________________________________________32 7.2 Civil Rights Compliance _____________________________________________________________32 7.3 Business Associate Agreement ________________________________________________________32 7.4 Certificate of Insurance _____________________________________________________________32 RFB S-0095 DMHSAS-14 Page 4 of 33 Sex Offender Treatment Services for Clients on Supervised Release 1. GENERAL INFORMATION 1.1 Introduction The State of Wisconsin, Department of Health Services (DHS) on behalf of the Division of Mental Health and Substance Abuse Services (DMHSAS), Sand Ridge Secure Treatment Center (SRSTC) has issued a Request for Bid (RFB) for the provision of statewide community-based sex offender treatment (SOT) services for clients on supervised release (SR). This resulting contract will include all of the following services: Employing or sub-contracting SOT service providers Providing clinical supervision of the SOT service providers Assuring the timely and quality submission of required documentation for SR clients Serving as the fiscal agent between the SOT service providers and SRSTC Providing clinical consultation services to the SR Program 1.2 Purpose The purpose of this solicitation is to provide interested parties with information to enable them to prepare and submit a bid to SRSTC for the provision of SOT services for clients on SR. The SRSTC has set forth the following program goals: 1. The awarded vendor will be capable of providing coverage throughout Wisconsin and be able to provide SOT to new service areas with 90 days’ notice. 2. The awarded vendor will be capable of meeting the current and future SOT needs of the SR Program. 3. The awarded vendor will have the infrastructure to employ or sub-contract SOT service providers and act as the fiscal agent, thereby providing SRSTC a single point of contact. 4. The clinical supervisor will have the required licensure, education and experience to perform the expectations set forth by SRSTC. 5. The clinicians providing the SOT services will have the required licensure, education and experience to perform the expectations set forth by SRSTC. The SOT services provided must be consistent with treatment methods utilized in the SRSTC treatment program and of comparable quality, individualization and comprehensiveness. Services shall be provided in Department of Corrections (DOC) offices, clinician offices, or other approved locations and RFB S-0095 DMHSAS-14 Page 5 of 33 Sex Offender Treatment Services for Clients on Supervised Release some services may be provided via approved electronic media. Reasonable efforts will be made to transport clients to mutually agreeable locations. 1.3 Scope When a client is on SR, DHS is responsible for their control, care, and treatment. Additionally, when a client petitions for SR, one of the factors a Court must consider is whether or not treatment that meets the person’s needs and a qualified provider of the treatment are reasonably available. SOT services must be provided to clients on SR and the SR Program must arrange for these services. The selected vendor will be expected to provide Clinical Manager services (minimum qualifications are outlined in section 4). The selected vendor will be expected to employ or contract with a sufficient number of SOT service providers (minimum qualifications are outlined in section 4). The selected vendor will be expected to employ or contract with an individual or firm to serve as a business manager. This role may be filled by the Clinical Manager. This individual will be responsible for the human resources, contracting, accounts payable, accounts receivable, billing and other aspects under this contract. 1.4 Background / History SRSTC contracts with seven SOT service providers throughout Wisconsin. Each of these seven provider contracts are mutually exclusive from each other. The SOT service providers are either members of a firm (clinic) or independent contractors. The firm or individual provider bill SRSTC monthly, based on the number of clients served during the preceding month. The amount billed per client varies for each contract but all are flat rate fees billed on a per client, per month basis. The average fee per client per month is $928. The caseload per clinician varies by geographic region and other variables, but currently ranges from 1 to 11 clients. Each SR client is assigned a community supervision team. The community supervision team is comprised of an SR Specialist, a DOC Agent and the SOT service provider. Treatment is supplemented with periodic polygraph tests. Additional required psychological or clinical assessment and treatment, other than SOT, is provided separate from this contract. The primary goals of the SR program are community safety and community integration. Members of the community supervision team routinely consult with each other in order to coordinate a client’s treatment and integration. This consultation includes routine and significant matters. Members of the community supervision team are expected to operate in a collaborative and professional manner with a high degree of communication by and between the members. SOT service providers are expected to see clients weekly, totaling no fewer than 48 sessions annually. In some instances, one individual session per month may be substituted by a treatment group session RFB S-0095 DMHSAS-14 Page 6 of 33 Sex Offender Treatment Services for Clients on Supervised Release where sufficient SR clients with similar treatment needs are geographically collocated. Individual SOT sessions typically are one hour in length; group sessions are typically 1.5 hours in length. Clinical supervision is currently provided monthly to each SOT service provider by the SRSTC Court Assessment and Community Programs Director. SOT service providers submit monthly case notes and an annual Treatment Progress Report (TPR) on each client. Reasonable efforts are made to transport clients to mutually agreeable locations for treatment and to schedule client sessions consecutively to minimize travel. 1.5 Contract Quantity/Volume Clients being served are individuals who have been committed to the Department of Health Services (DHS) as Sexually Violent Persons under Chapter 980, Wis. Stats. and following a variable period of inpatient commitment at SRSTC, are granted SR by their committing court. The following table illustrates the growth in the program over the past five years. Fiscal Year Clients on SR on June 30 Annual Average Daily Population 2010 20 20.07 2011 23 23.51 2012 25 24.61 2013 33 30.26 2014* 36* 36.92* * Through March 30, 2014 Due to a number of factors including recent statutory language changes, developments in actuarial science, and the relative aging of the population committed under Chapter 980, it is anticipated that the program will continue to experience growth over the next five years at a rate that exceeds the current five-year average growth rate of 4.21 clients per year. The projected growth rate for the next five years is an average of seven clients per year with a likely tapering near the end of the five-year period. The average per-client monthly expenditure for direct SOT treatment services has remained relatively constant over the last five years. This amount is $928 per client per month. Using the ADP data above, it can be reasonably concluded that the estimated annual program expenditure for each of the above five fiscal years (FY) for SOT services is $223,499 in FY 2010; $261,807 in FY 2011; $274,056 in FY 2012; $336,975 in FY 2013; and a projected $411,141 in FY 2014. These expenditures do not currently RFB S-0095 DMHSAS-14 Page 7 of 33 Sex Offender Treatment Services for Clients on Supervised Release include the cost of specialized or mandatory training, clinical supervision, including documentation review, or administrative costs. Following is a chart which illustrates the current and projected (as of July 1, 2014) SR Placements by Wisconsin County: County Barron Brown Clark Columbia Dane Eau Claire Fond du Lac Jefferson Manitowoc Marathon Milwaukee Monroe Oneida Outagamie Pepin Racine Rock Sauk Vilas Walworth Waukesha Winnebago Client Count 1 4 1 1 3 1 1 4 1 1 6 1 1 3 1 2 2 2 1 2 1 1 1.6 Procuring and Contracting Agency This RFB is issued by the Wisconsin Department of Health Services, which is the sole point of contact for the State of Wisconsin during the selection process. The person responsible for managing the procurement process, referred to hereafter as the Procurement Manager, is Joanne Schumer (See Section 1.8). 1.7 Definitions The following definitions are used through the RFB: Agency, Department, or DHS means the Wisconsin Department of Health Services RFB S-0095 DMHSAS-14 Page 8 of 33 Sex Offender Treatment Services for Clients on Supervised Release Agreement and Contract (used interchangeably) means the final written contract negotiated between DHS and the contractor Bidder/Vendor means a firm submitting a bid in response to this RFB Contractor means Bidder or vendor awarded final contract Sand Ridge Secure Treatment Center (SRSTC) means the institution of the Department of Health Services where patients who are committed under Chapter 980 reside if they are not on Supervised Release Sex Offender Treatment (SOT) means group or individual psychotherapy consistent with treatment provided at SRSTC intended to reduce the likelihood that a person will sexually reoffend State means the State of Wisconsin Subcontractor a third party who contracts with the awarded contractor for the provision of services, which the contractor has contracted with the Department to perform Supervised Release (SR) means that a Court has granted a person committed under Chapter 980 permission to reside in the community Technical Bid means the vendor’s bid not including the Cost Bid Treatment Progress Report (TPR) means a statutorily-mandated report submitted to the client’s court annually, which describes the client’s treatment progress and related adjustment, primarily focused on the preceding year. The TPR addresses factors associated with the client’s risk for sexual re-offending, his ongoing treatment needs, any specialized needs or conditions he has, and whether he is making significant progress in treatment. 1.8 Clarification and/or Revisions to RFB Specifications and Requirements Any questions concerning this RFB must be submitted in writing to Joanne Schumer, Procurement Manager at joanne.schumer@Wisconsin.gov. Written questions must be submitted before July 7, 2014 – 3:00 PM CDT. All questions are to be submitted in non-protected text with the following subject line listed below: Subject Line: Question S-0095 DMHSAS-14 – Company Name Telephone questions will not be accepted. Any oral responses, information, dates, and/or technical assistance received by a prospective Bidder from the Department or Department staff shall not, in any manner whatsoever and whether before or after the release of this RFB, be binding on the State of Wisconsin, unless followed-up and explicitly confirmed and stated in writing by the State. Bidders are cautioned that only formal addenda issued via VendorNet are binding. RFB S-0095 DMHSAS-14 Page 9 of 33 Sex Offender Treatment Services for Clients on Supervised Release Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFB. In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided through the State VendorNet system. Each bid shall stipulate that it is predicated upon the requirements, terms, and conditions of this RFB and any supplements or revisions thereof. From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the Department of Health Services regarding this RFB shall be made through Joanne Schumer, Procurement Manager of the Sand Ridge Secure Treatment Center unless otherwise noted in the RFB. Phone calls to state staff regarding this procurement are not permitted during the procurement process. Violation of these conditions may be considered sufficient cause for automatic rejection of a bid. 1.9 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 a vendor needs accommodations at the outset of this RFB process, please contact the Procurement Manager (See Section 1.8). 1.10 Calendar of Events Listed below are specific and estimated dates and times of actions related to this Request for Bid (RFB). The actions with specific dates must be completed as indicated unless otherwise changed by the State. In the event that the State finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing an amendment to this RFB. There may or may not be a formal notification issued for changes in the estimated dates and times. Date Event June 30, 2014 Date of issue of the RFB (Posted to VendorNet) July 7, 2014 – 3:00 PM CDT Written Inquiries Due: deadline for submitting written inquires, questions, and requests for clarification July 10, 2014 Inquiry Postings Due: State deadline for VendorNet posting of answers to submitted written inquiries RFB S-0095 DMHSAS-14 Page 10 of 33 Sex Offender Treatment Services for Clients on Supervised Release Date Event July 21, 2014 – 3:00 PM CDT Bids Due: late bids will not be accepted July 25, 2014 (Estimated) Notification of intent to award September 1, 2014 (Estimated) Contract Start Date 1.11 Contract Term The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run from that date to August 31, 2015, with an option by annual mutual agreement of the agency and contractor, to renew for four additional years. Any Contract resulting from this RFB shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any other Contractor without prior written approval from the Department. 1.12 Number of Contracts It is the intention of the Department to award a single contract for the services required in this RFB. However, the contractor(s) shall not have exclusive rights to provide all services covered under the contract during the term of the contract(s) or any extension thereof. 1.13 VendorNet Registration The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell and/or provide payable services to the State. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to receive information on State purchasing practices and policies, goods, and services that the state buys, and tips on selling to the State. Vendors may use the same website address for inclusion on the bidders list for goods and services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value exceeding $50,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities as they are registered with the VendorNet system. RFB S-0095 DMHSAS-14 Page 11 of 33 Sex Offender Treatment Services for Clients on Supervised Release 2 PREPARING AND SUBMITTING BIDS 2.1 General Instructions The selection of a contractor will be based on the information submitted in the vendor's bid and may include references and any required on-site visits or oral interviews. Failure to respond to each of the requirements in the RFB may be the basis for rejecting a response. Elaborate bids (e.g., expensive artwork, illustrations, advanced modeling techniques, etc.) beyond what is sufficient to present a complete and effective vendor bid are not necessary or desired. 2.2 Incurring Costs The State of Wisconsin is not liable for any cost incurred by Bidders in replying to this RFB. 2.3 Submitting the Bid Bidders must submit Bids in strict accordance with the requirements set forth in this section. All materials must be submitted to: Wisconsin Department of Health Services ATTN: Joanne Schumer, Procurement Manager Sand Ridge Secure Treatment Center 1111 North Road P.O. Box 700 Mauston, WI 53948-0700 All materials must be received in the prescribed formats by July 21, 2014 – 3:00 PM CDT All bids must be stamped as accepted by the Procurement Manager or designee. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the Purchasing Office, for the purposes of this RFB. No bids are allowed to be submitted by fax or email; any bid submitted by fax or email will be rejected. To ensure confidentiality of the document, all bids must be packaged, sealed and show the following information on the outside of the package: —Bidder's name and address —Request for Bid title —Request for Bid number —Request for Bid due date RFB S-0095 DMHSAS-14 Page 12 of 33 Sex Offender Treatment Services for Clients on Supervised Release There are two components needed for complete submission of the Bids: Paper (Hard Copies) and Electronic. Both components are due to the address above by the stated date and time. The following submission requirements must be followed for each of the components: Paper (Hard Copy) Bid Components This component must contain the original and two paper copies of the entire Bid response (Section 2.4) including any proprietary information. Electronic Bid Components In addition to the paper documents described above, the Bid must be submitted in non-password protected PDF format on reproducible CDs recorded and labeled as follows: Disc One must contain the entire Bid response including any proprietary information and have the following label affixed to the disc: Bid response – Proprietary Information Included Sex Offender Treatment Services for Clients on Supervised Release Name of Bidder RFB S-0095 DMHSAS-14 Disc Two must contain the entire Bid response excluding the proprietary information reported on the Designation of Confidential and Proprietary Information form (DOA – 3027). Note: The Department in responding to open records requests will release the information on this disc. It is the sole responsibility of the Bidder to ensure that there is no conflict between the Designation of Confidential and Proprietary Information form (DOA – 3027) and the information provided on this disc. The following label must be affixed to the disc: Bid response – Proprietary Information Excluded Sex Offender Treatment Services for Clients on Supervised Release Name of Bidder RFB S-0095 DMHSAS-14 2.4 Bid Organization and Format Bids must be organized into clearly delineated sections, as shown below. Each heading and subheading should be separated by tabs or otherwise clearly marked. The State reserves the right to exclude any responses from consideration that do not follow the required format as instructed below. The Bid response should be typed and submitted on 8.5 x 11 inch paper bound securely. The bid should be well organized and each page marked by a page number, the name of the responding vendor, and the RFB number (S-0095 DMHSAS-14). Font size and style throughout the submission should be 12-point font or greater. RFB S-0095 DMHSAS-14 Page 13 of 33 Sex Offender Treatment Services for Clients on Supervised Release The Bid submission must respond to the requested information in each of the following sections and subsections, and responses should be clearly labeled with the following bolded headings and subheadings and be presented in the following order: 2.4.1 TAB 1 – Bidder Table of Contents (Mandatory) 2.4.2 Tab 2 – Bidder Information (Mandatory): Cover Sheet, Request for Bid Form DOA-3070 (Page 1) Certification Regarding Debarment and Suspension (Page 2) Vendor Information Form DOA – 3477 Designation of Confidential and Proprietary Information Form DOA – 3027 Cooperative Purchasing Form DOA – 3333 Cost Submission (Attachment A) Transmittal Letter (See Section 2.4.2.1) 2.4.2.1 Transmittal Letter A transmittal letter must accompany the RFB package. It must be on official business letterhead of the prime Vendor submitting the Bid, and must be signed in ink by an individual authorized to legally bind the Bidder. The Transmittal Letter must stipulate the following: The Bidder is the prime Vendor and is a corporation or other legal organization; Services that the Vendor intends to sub-contract to another entity; No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid; Bidder certifies they have not directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that this Bid has been independently arrived at without collusion with any other Bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other Bidder or competitor. The Bid is valid for a minimum of 90 days from the Bid due date; RFB S-0095 DMHSAS-14 Page 14 of 33 Sex Offender Treatment Services for Clients on Supervised Release The person signing this letter and all RFB documents is authorized to make decisions on behalf of the Bidding organization and that the person has not participated, and will not participate, in any action contrary to this statement; Assurance that the Bidder will agree to execute and fulfill a contract according to the conditions and terms specified in this RFB; That the Bid is predicated upon the requirements, terms, and conditions of this RFB, the posted Questions and Answers, all its attachments, and any supplements or revisions thereof; and That an individual authorized to bind legally the Bidder has signed this Transmittal Letter. 2.4.3 Tab 3 – Bidder Statements (Mandatory): The following documentation items should be included for review in this section: 2.4.3.1 References and Vendor Statement(s) Include the Vendor Reference form (DOA-3478) in this section and Vendor Statement(s) as per Section 4.7. 2.4.4 Tab 4 – Response to Bidder Requirements (Mandatory) Provide a response to the requirements specified in Section 4 Bidder Requirements. Responses should be in the same sequence as they appear in this RFB and be numbered as they appear in the RFB. 2.4.5 Tab 5 – Glossary and Additional Information (Optional) Provide a glossary of all abbreviations, acronyms, and technical terms used to describe the services or products presented. This glossary should be provided even if these terms are described or defined at their first use in the bid response. Include additional information, which will be essential to an understanding of the bid. This might include diagrams, excerpts from manuals or other explanatory documentation, which would clarify and/or substantiate the bid. Any material included here should be referenced elsewhere in the document and labeled with the name of the RFB section that the additional information is supporting. 2.5 Multiple Bids Multiple bids from a vendor will be permissible; however, each bid must conform fully to the requirements for bid submission. Each bid must be separately submitted and labeled as Bid #1, Bid #2, etc., on each page included in the response. Alternate acquisition plans do not constitute multiple bids. RFB S-0095 DMHSAS-14 Page 15 of 33 Sex Offender Treatment Services for Clients on Supervised Release 2.6 Demonstrations and Site Visits Bidders may be required to participate in demonstrations and/or site visits to support and clarify their bids, if requested by the Department. The Department will make every reasonable attempt to schedule demonstrations and site visits at a time and location that is agreeable to the Bidder. Failure of a Bidder to complete a demonstration and/or permit a site visit on the date scheduled may result in rejection of the vendor's bid. The successful demonstration of the Bidder's product(s) and/or service(s) does not constitute acceptance by the State. 2.7 Withdrawal of Bids Bids shall be irrevocable until contract award unless the bid is withdrawn. Bidders may withdraw a bid in writing at any time up to the bid closing date and time or upon expiration of 72 hours after the deadline for submission if received by the RFB Procurement Manager. To accomplish this, the written request must be signed by an authorized representative of the Bidder and submitted to the RFB Procurement Manager. If a previously submitted bid is withdrawn before the deadline for submission, the Bidder may submit another bid at any time up to the bid closing date and time. RFB S-0095 DMHSAS-14 Page 16 of 33 Sex Offender Treatment Services for Clients on Supervised Release 3 BID SELECTION AND AWARD PROCESS 3.1 Preliminary Review The purpose of the preliminary review is to determine if each bid is sufficiently responsive to the RFB to constitute a valid submission. Bids must comply with the instructions to vendors contained in this RFB. Failure to comply with the instructions may cause the bid to be rejected without further consideration. The state reserves the right to waive any minor irregularities in the bid. 3.2 Right to Reject Bids and Negotiate Contract Terms The State reserves the right to reject any and all bids. The State may negotiate the terms of the contract, including the award amount, with the selected Bidder prior to entering into a contract. If contract negotiations cannot be concluded successfully with the lowest cost Bidder, the agency may negotiate a contract with the next lowest cost Bidder. 3.3 Method of Award The State will compile and abstract the cost for each bid submitted in response to this solicitation. Award(s) shall be made on the basis of the lowest cost submission from a responsive and responsible Bidder as defined in Wisconsin Administrative Code 6.01(9). Bids that require the Department to guarantee orders of a specific quantity or dollar amount may be disqualified. State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest cost, qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. 3.4 Notification of Intent to Award All vendors who respond to this RFB will be notified in writing of the Department’s intent to award the contract as a result of this RFB. After notification of the intent to award is made and under the supervision of agency staff, copies of all bids, with the exception of any and all materials deemed to be confidential and proprietary information, will be available for public inspection from 8:00 a.m. to 4:00 p.m. at Sand Ridge Secure Treatment Center; 1111 North Road; Mauston, WI 53948. Vendors should schedule reviews with the Procurement Manager (reference section 1.8). 3.5 Appeals Process RFB S-0095 DMHSAS-14 Page 17 of 33 Sex Offender Treatment Services for Clients on Supervised Release Notices of intent to protest and actual protests must be made in writing to the head of the procuring agency. Protestors should make their protests as specific as possible and should identify any statutes and/or Wisconsin Administrative Code provisions that are alleged to have been violated. Any written notice of intent to protest the notice of intent to award a contract must be filed with: Kitty Rhoades, Secretary Wisconsin Department of Health Services 1 W. Wilson Street, Room 650 Madison, WI 53703 And received in the Secretary’s office no later than five working days after the notice of intent to award is issued. Any written protest must be received within 10 working days after the notice of intent to award is issued. The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five working days of decision issuance, with a copy of such appeal filed with the procuring agency. Any and all appeals must allege a violation of a Wisconsin statute or a section of the Wisconsin Administrative Code. 3.6 Other Eligible Parties State of Wisconsin agencies, Wisconsin municipalities, other affiliated institutions and non-profit organizations specifically linked by their mission to the Department of Health Services, may desire to purchase from this contract. Upon mutual agreement of both the Bidder and the Department, the same pricing, terms, and conditions, resulting from this RFB may be extended to other eligible parties as described above and/or the entities as defined in Wisconsin’s Cooperative Purchasing Service Vendor Agreement DOA – 3333 (Reference Section 2.4.2 Bidder Information). RFB S-0095 DMHSAS-14 Page 18 of 33 Sex Offender Treatment Services for Clients on Supervised Release 4 BIDDER REQUIREMENTS 4.1 General Requirements for Bid Response The Bidders response to this Section must clearly demonstrate the capacity to handle the needs stated in this RFB in addition to the Bidders current workload. The State reserves the right to request supplementary information deemed pertinent to assure Bidders competence, business organization, and financial resources are adequate to successfully perform. This determination is at the sole discretion of the Department and by submitting a bid for this RFB the Bidder agrees to these terms. Requirements that include the word "must" or "shall” describe a mandatory requirement. Failure to meet a mandatory requirement may disqualify your bid. The awarded Bidder must perform the required work in accordance with all federal, state, and local rules and regulations. To complete Section 4 of the bid response, Bidder must: 1. provide an affirmative or negative response by checking YES or NO for each requirement where indicated; 2. describe how the specifications will be met and/or provide additional information where requested and; 3. complete any required form(s). Only bids submitted by Bidders that meet all mandatory specifications will be considered for review. However, if no Bidder is able to comply with a given specification, condition of bid or provide a specific item, the state reserves the right to delete that specification, condition of bid or item. Additional requirements may apply upon contract execution, specific to the services being provided. By checking YES Bidder is agreeing to the terms and conditions of the requirement whether actual or implied after the execution of a contract. If supplemental materials will be provided, clearly mark all supplements with the corresponding section number. NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject a bid. Format your response to correspond numerically with items on the Submittal Instruction (See Section 2.4). 4.2 Mandatory Requirements The Bidder will be required to: 4.2.1 Yes No Meet the insurance coverage standards as defined in section 7.4. 4.2.2 Yes No RFB S-0095 DMHSAS-14 Page 19 of 33 Sex Offender Treatment Services for Clients on Supervised Release Have a thorough understanding of the civil commitment process for sexually violent persons in Wisconsin. 4.2.3 Yes No Comply with all HIPAA requirements as related to patient protected health information and have no intentional HIPAA related violations within the past five years. 4.2.4 Yes No Employ or contract with qualified SOT service providers throughout Wisconsin. 4.2.5 Experience and Qualifications Provide a written statement not to exceed three pages describing the Bidder’s competence in the delivery of the requirements stated above (section 4.2) as well as an explanation of how the Bidder is able to meet the requirements successfully. 4.3 Organizational Experience 4.3.1 Yes No The Bidder has documented experience providing at least five years of sex offender treatment to sexually violent persons using a cognitive behavioral approach. 4.3.2 Yes No The Bidder has documented experience providing at least 10 years of sex offender treatment services. 4.3.3 Yes No The Bidder is legally able to do business in the State of Wisconsin which includes employing or contracting with licensed clinical staff. 4.3.4 Yes No The Bidder has at least five years of experience in accounts receivable, accounts payable, payroll and contracting with external agencies. 4.3.5 Experience and Qualifications The Bidder shall provide written documentation not to exceed five pages that verify the Bidder’s experience in the delivery of the requirements stated above (section 4.3) as well as an explanation of how the Bidder is able to meet the requirements successfully. 4.4 Staff Qualifications RFB S-0095 DMHSAS-14 Page 20 of 33 Sex Offender Treatment Services for Clients on Supervised Release 4.4.1 Yes No The Clinical Manager is licensed as a Psychologist in the State of Wisconsin. 4.4.2 Yes No The Clinical Manager has five or more years of experience providing sex offender treatment to sexually violent persons using a cognitive behavioral approach. 4.4.3 Yes No The Clinical Manager has five or more years of experience providing sex offender treatment services to persons with intellectual disabilities and serious mental illness. 4.4.4 Yes No The Clinical Manager has five or more years of experience as a clinical supervisor to individuals who provide sex offender treatment. 4.4.5 Yes No The Clinical Manager has five or more years of providing clinical supervision to persons providing therapeutic services to persons with intellectual disabilities and serious mental illness. 4.4.6 Yes No The SOT service providers are licensed in Wisconsin as one or more of the following: a) a Psychologist; b) a Licensed Clinical Social Worker; c) a Marriage and Family Therapist or; d) a Licensed Professional Counselor. 4.4.7 Yes No The SOT service providers have three or more years of experience providing post-licensure treatment to sex offenders using a cognitive behavioral approach. 4.4.8 Yes No Bidder attests that all noted licensing is current and that all licenses are free of restrictions or limitations. Any placement of restrictions or limitations that occur after the award is made will be reported to the contract administrator within five business days of the restriction being placed. RFB S-0095 DMHSAS-14 Page 21 of 33 Sex Offender Treatment Services for Clients on Supervised Release 4.4.9 Documentation of Experience Bidder must provide a list of persons and relevant documentation (including resumes or curriculum vitae) outlining that staff meets the minimum qualifications, licensure, education, and experience listed. This must be completed for each person who will be providing supervision or treatment within this program. For any supervisory, treatment or clinical persons hired or contracted after the award is made, the selected vendor must promptly provide to the contract administrator the provider name(s) and documentation that verify the person meets the minimum qualifications, licensure, education and experience listed. 4.4.10 Experience and Qualifications The Bidder shall provide a written statement not to exceed five pages describing the Bidder’s competence in the delivery of the requirements stated above (section 4.4) as well as an explanation of how the Bidder is able meet the requirements successfully. 4.5 Reports Required and Timeline for Submission Bidder agrees to prepare and submit the following reports and documentation as required: 4.5.1 Yes No Monthly treatment progress notes on each client served. These notes shall be completed by the SOT service provider and submitted to the Clinical Manager for review and editing. The notes are then sent to the SRSTC Records Department. The notes will be included in the client’s SRSTC record. Notes are due within 30 days of the end of the month the notes are written for. 4.5.2 Yes No Annual TPRs on each client served. These reports shall be completed by the SOT service provider and submitted to the Clinical Manager for review, editing, approval and countersigning. The reports must follow a prescribed outline as determined by SRSTC. The reports, upon completion, are then sent to the SRSTC Records Department. The reports will be subsequently submitted to the court and included in the client’s SRSTC record. Reports are due according to a schedule established by SRSTC. 4.5.3 Yes No Individual Treatment Plans on each client served. These plans shall be completed by the SOT service provider and submitted to the Clinical Manager for review, editing and approval. These plans must follow a prescribed outline determined by the Clinical Manager. The plans must be reviewed and updated at least annually. The plans, upon completion, are then sent to the SRSTC Records Department. The plans will be included in the client’s SRSTC record. RFB S-0095 DMHSAS-14 Page 22 of 33 Sex Offender Treatment Services for Clients on Supervised Release 4.5.4 Yes No Vendor agrees to submit a monthly invoice per the requirements listed in section 6.1 4.6 Provider Services The firm is expected to provide Clinical Manager services that meet or exceed the qualifications as identified in the staff qualification section 4.4. The Clinical Manager will, at a minimum, provide the following: 4.6.1 Clinical Manager Expectations Yes No Provide one or more hour per month of clinical supervision either in person or via phone or other approved electronic media to each SOT service provider. Be available for clinical consultation for the SOT service providers and SR Program as needed. Serve as the liaison between the clinical and clinical supervisory staff at SRSTC and the SOT service providers in the community. Receive all monthly treatment progress notes from the SOT service providers; review, edit, and approve prior to sending to the SRSTC records department. Review, edit, approve and countersign all annual Treatment Progress Reports (TPR) completed by the SOT service providers which must follow a format prescribed by SRSTC; forward the TPRs to the SRSTC records department. Review, edit, and approve all individual treatment plans completed by the SOT service providers, determine the frequency of updating these plans and forward to the SRSTC records department. Routinely consult with the SRSTC Treatment Director on treatment-related issues and the SR Program Manager on contract-related issues. Arrange for coverage during provider absences and may also provide SOT to SR clients. The firm is expected to employ or contract with a sufficient number of SOT service providers with qualifications identified in the staff qualification section. The SOT service providers will, at a minimum, provide the following: 4.6.2 SOT Service Provider Expectations Yes RFB S-0095 DMHSAS-14 No Page 23 of 33 Sex Offender Treatment Services for Clients on Supervised Release Provide SOT to clients on SR using a cognitive behavioral approach consistent with the SRSTC treatment program. o The SOT must be for a minimum of 1 hour per week and be face to face. o SOT must be provided in 48 of the 52 weeks in a year. o If clinically indicated, logistically possible, and approved by the Clinical Manager, one individual SOT session per month may be substituted with a group SOT session; the group members must be comprised solely of clients on SR. Group sessions must be for a minimum of 90 minutes. o If clinically indicated, technologically feasible, and approved by the Clinical Manager and SR Program Manager, SOT may be provided via a HIPAA compliant electronic media. This may not replace all face-to-face sessions. Receive clinical supervision by the Clinical Manager at least one hour per month either in person or by phone. Agree to participate in initial and ongoing training provided by SRSTC. The initial training, if not already completed, will be for approximately 10 days over a two-week period. o The cost for this training, including expenses, lodging, and travel will be reimbursed in accordance with the rates listed in section 5, with the rate for the SOT service provider’s time to be determined by SRSTC in negotiation with the selected vendor. o A SOT service provider who has not completed the initial training may provide SOT under this contract, assuming they already meet the licensure, academic and experience requirements, until such time the training is offered by SRSTC. Complete monthly treatment progress notes and submit these to the Clinical Manager for review and editing who will then forward to the SRSTC Records Department. Complete annual TPRs according to established standards; submit the TPR to the Clinical Manager for review, editing, approval, and countersigning who will then forward to the SRSTC Records Department. Participate in at least one pre-release staffing at SRSTC for any client assigned to the service provider’s caseload and consult with SRSTC treatment providers knowledgeable about the client. In person participation is preferable, but participation by phone is permissible. Participate in routine staffings in the community which are coordinated by the SR Specialist assigned to the client. RFB S-0095 DMHSAS-14 Page 24 of 33 Sex Offender Treatment Services for Clients on Supervised Release Routinely consult with the SR Specialist and the assigned Department of Corrections (DOC) Agent. 4.6.3 Experience and Qualifications Bidder shall provide a written statement not to exceed five pages demonstrating the Bidder’s competence in the delivery of the requirements stated above (section 4.6) as well as an explanation of how the Bidder is able meet the requirements successfully. 4.7 References and Vendor Statement(s) Bidder must include in their bid a list of organizations and/or contractors (at least two, but no more than five) with whom the Bidder has done business in the last five years similar to that required by this solicitation. Include points of contact (person’s name, company name, address, email address, and telephone number) and a brief description of the project or assignment that was the basis for the business relationship. Completed form (DOA-3478) will be considered your response to this section. (NOTE: Potential subcontractors or DHS staff cannot be references.) The procuring agency will determine which, if any, references to contact and/or to visit to assess the quality of work performed, the personnel assigned to the project, and/or to see the product in use. The Bidder will not be present during any reference check site visits. The results of any reference checks may be used to clarify and substantiate information in the bid submission. If contacted, all references should verify that a high level of satisfaction was provided. DHS may also utilize other pertinent sources of information regarding the services provided by the Bidder. 4.7.1 Disclosure Statements In addition, Bidders must provide a statement that discloses any administrative action or lawsuit, threatened or pending, that regards (1) a financial matter that could significantly affect the organization’s solvency or financial ability to successfully perform under this contract; (2) a matter that has been or would be brought against the organization as a party to a contract by another party to that contract; or (3) a licensing or regulatory matter that would affect the organization’s credentials or ability to perform under this contract. Furthermore, Bidder must disclose any past contract actions brought against the organization for breach of contract or any contracts that were terminated because of the organization’s breach or financial instability. If the vendor is a subsidiary, this information must also be submitted for all parent companies. If the vendor will use subcontractors, associated companies, or others to complete the work of the project, the vendor’s responses must include pertinent subcontractor information. 4.7.2 Financial Statements RFB S-0095 DMHSAS-14 Page 25 of 33 Sex Offender Treatment Services for Clients on Supervised Release Bidders and each subcontractor (if any) must be able to substantiate their financial stability. Independently audited financial statements for the last three completed fiscal years, along with additional supporting documentation (Income Statement, Statement of Cash Flows, Balance Sheet, and Statement of Change in Financial Position along with all auditors’ notes) must be submitted with the bid response. If the Bidder is a subsidiary, the parent company must be identified and the consolidated audited financial statements of the parent company must be submitted. The State may request reports on financial stability from independent financial rating services to substantiate the biding vendor’s stability. Vendor name is to be included on each page submitted. If no audit was required, please explain why and submit two years of financial statements certified by two officers of the Board of Directors, and/or the chief financial officer/financial manager, if vendor is a sole proprietorship. RFB S-0095 DMHSAS-14 Page 26 of 33 Sex Offender Treatment Services for Clients on Supervised Release 5 COST SUBMISSION 5.1 General Instructions on Cost Submission Attachment A contains the Cost Submission template for this bid, and must be completed and returned. The template should be submitted as per the instructions in Section 2.4. Item 1 of the Cost Submission is the monthly rate for Clinical Manager Services as described in section 4.6.1 of this solicitation. This rate is to be inclusive of all clinical supervision and management duties of the SOT service providers, including required reporting, clinical consultation, treatment monitoring, recruitment, training and retention of SOT service providers and general contract managements services involving payroll, accounting, invoicing, certificates of insurance, etc., licensure and general and mandatory requirements as detailed in section 4 of this solicitation. The rate shall be billed monthly with an assumed average monthly population (AMP) of up to 45 clients. AMP is determined by DHS. Billing for clients in excess of 45 AMP shall be determined during contract negotiations. Item 2 of the Cost Submission is the monthly rate for Sex Offender Treatment services as described in section 4.6.2 of this solicitation. This rate is to be inclusive of all treatment necessities, including travel to and from appointments, staffings attendance, required reporting, licensure and the general and mandatory requirements as detailed in section 4 of this solicitation. The rate shall be billed on a per client, per month basis. Travel at the direction of DHS (i.e. training attendance, special events, etc.) shall be reimbursed per the published State of Wisconsin rates. *State of Wisconsin’s current per-diem rates are: Meals: breakfast $8, lunch $10, dinner $20 (including tax and tip) Lodging: $70 per night, single, exclusive of tax If work is in Milwaukee, Racine, or Waukesha County, the lodging rate is $80 per night Mileage reimbursement: $0.51 per mile Airfare: coach rates Note: DHS will NOT pay hourly labor rate for consultant travel time. 5.2 Fixed Price Period All prices, costs, and conditions outlined in the bid shall remain fixed and valid for acceptance for 90 calendar days starting on the due date for bids. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the State. RFB S-0095 DMHSAS-14 Page 27 of 33 Sex Offender Treatment Services for Clients on Supervised Release 5.3 Price Adjustment Price adjustment requests proposed after the initial Contract term must be received by the Contract Administrator in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price adjustments are limited to fully documented cost increases submitted with the request. If the Contract Administrator deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in the form of an amendment to the contract. Price increases must be labeled with the contract number and be submitted in the same format as the original Bid. Any price increase requested that is not submitted in the proper format may be rejected. Billing for clients in excess of 45 AMP may be permissible but ideally, will not exceed a ¼% per client, per month of the total monthly rate specified in Item 1 of the Cost Submission. Vendors are asked to submit a projected maximum rate increase for each client in excess of 45 AMP on line 12 of Attachment A. This projected rate shall not be used to determine award unless there is a tied bid, but will become part of the contract upon award. 5.4 Price Clarifications The Department reserves the right to clarify any pricing discrepancies related to assumptions on the part of any vendor. Such clarification will be solely to provide consistent assumptions from which an accurate cost comparison can be achieved. 5.5 Additional Items / Services Similar items/services may be added to this Contract provided it was mutually agreeable to both the Department and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services. RFB S-0095 DMHSAS-14 Page 28 of 33 Sex Offender Treatment Services for Clients on Supervised Release 6 SPECIAL CONTRACT TERMS AND CONDITIONS 6.1 Invoice Terms and Schedule Reimbursement for services will occur within 30 days of the vendor submitting a detailed invoice. The invoice must, at a minimum include the names of the clients served; the dates of times of the service; the number of direct service hours a client received; the dates, times, and hours of documentation, consultation, staffings, etc.; and the name of the SOT service provider providing the service. The invoice shall have two sections. One section shall be a detail of the SOT services and this is billed at the awarded rate. The other section shall be a detail of the Clinical Manager’s monthly rate and this is billed at the awarded rate. If the vendor is using sub-contracts, then vendor is encouraged to develop a system whereby the subcontractors submit timely invoices to the vendor. All services must be billed within 60 days from the last day of the month the service was rendered. 6.2 Prime Contractor and Subcontractors 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 Bidder must clearly explain their participation. 6.3 Liquidated Damages The contractor is expected to meet all delivery dates negotiated and specified in the contract. The contractor agrees the Department shall have the right to liquidate any damages, through deduction from the contractor's invoices, in the amount equal to the damages incurred, or by direct billing to the contractor. 6.4 Supplier Diversity 6.4.1 Minority-Owned Business Enterprise Minority-owned business enterprises (MBEs) are certified by the Wisconsin Supplier Diversity Program. This program can be found at: https://wisdp.wi.gov/. The State of Wisconsin is committed to the promotion of MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide goods and services incidental to this agreement. RFB S-0095 DMHSAS-14 Page 29 of 33 Sex Offender Treatment Services for Clients on Supervised Release A listing of certified MBEs, as well as the services and commodities they provide, is available at: http://wisdp.wi.gov/search.aspx. 6.4.2 Veteran-Owned Business The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us/. Currently there is no price preference for certified VBs that compete for State contracts. 6.4.3 Disabled Veteran-Owned Business Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Supplier Diversity Program. This program can be found at: https://wisdp.wi.gov/. The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. (A bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide goods and services incidental to this agreement. A listing of certified DVBs, as well as the services and commodities they provide, is available at: http://wisdp.wi.gov/search.aspx. 6.4.4 Woman-Owned Business Enterprise Woman-owned business enterprises (WBEs) are certified by the Woman's Business Ombudsman. This program can be found at: https://wisdp.wi.gov/. State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business’ ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. Currently there is no price preference for certified WBEs that compete for State contracts. A listing of certified WBEs, as well as the services and commodities they provide, is available at: http://wisdp.wi.gov/search.aspx. 6.5 Executed Contract to Constitute Entire A greement RFB S-0095 DMHSAS-14 Page 30 of 33 Sex Offender Treatment Services for Clients on Supervised Release In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the bid of the successful Bidder, and additional terms agreed to, in writing, by the Department and the contractor shall become part of the contract. Failure of the successful Bidder 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: 1) Official purchase order. 2) The respective agreement/contract. 3) Vendor’s bid awarded in soliciting work. 4) State’s RFB. 5) State of Wisconsin Standard Terms and Conditions (DOA-3054 and DOA-3681). 6.6 Termination of Contract The Department may terminate the contract at any time at its sole discretion by delivering 90 days written notice to the contractor. Upon termination, the Department’s liability will be limited to the pro rata cost of the services within the limits of the fixed-price contract work performed as of the date of termination with the prior written approval of the Department. In the event the contractor terminates the contract, for any reason whatsoever, it will refund to the agency within 14 days of said termination all payments made hereunder by the Department to the contractor for work not completed or not accepted by the Department. Such termination will require written notice to that effect to be delivered by the contractor to the Department not less than 14 days prior to said termination. 6.7 Standard Terms and Conditions The State of Wisconsin Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) shall govern this solicitation and subsequent award. In the event of a conflict between the Standard and Supplemental Standard Terms and Conditions and this solicitation, the terms of RFB # S-0095 DMHSAS-14, including any amendments, shall prevail. Vendors must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any supplemental documents. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor’s bid. Failure of the successful Bidder to accept these obligations in a contractual agreement may result in cancellation of the award. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so. RFB S-0095 DMHSAS-14 Page 31 of 33 Sex Offender Treatment Services for Clients on Supervised Release 7 POST AWARD REQUIREMENTS 7.1 Affirmative Action As required by Wisconsin's Contract Compliance Law (s. 16.765, Wis. Stat.), every Provider contracting with the Purchaser must agree to equal employment and affirmative action policies and practices in its employment programs. The Provider must submit an Affirmative Action Plan to the Purchaser in accordance with the Wisconsin Office of Contract Compliance instructions posted on the following website: http://vendornet.state.wi.us/vendornet/contract/contcom.asp. An affirmative action plan is required from a Provider who receives a state contract over $50,000 AND who has a work force of 25 or more employees as of the award date, unless the Provider is exempt by established criteria. The plan is due to the Purchaser within 15 working days of the award date of the Purchaser’s contract. The plan must have been prepared or revised not more than one year prior to the award date of the contract. Universities, other states and local governments, except those of the State of Wisconsin who receive state contracts of over $50,000, must submit affirmative action plans in the same manner as the Provider. 7.2 Civil Rights Compliance In agreements for the provision of services to clients, the Provider must comply with all Federal Civil Rights laws applicable to service delivery requirements. The Provider agrees to meet state and federal Civil Rights Compliance (CRC) laws, requirements, rules and regulations, as they pertain to the services covered by this agreement. All Providers must submit the appropriate CRC documentation within 15 working days of the award date of the agreement or contract in accordance with the procedures outline on the following website: http://dhs.wisconsin.gov/civilrights/CRC/requirements.htm. 7.3 Business Associate Agreement The selected vendor will review and execute a Business Associate Agreement (BAA) with DHS as a mandatory and critical exhibit to the Contract. A BAA must be executed before the selected vendor performs any work of any kind for DHS as a result of this solicitation. The BAA that will be required for this Contract is included in this RFB as Attachment B. 7.4 Certificate of Insurance Workers Compensation (WC): Required for all Contracts NO EXEMPTIONS Commercial General Liability (CGL): General Aggregate including Products and Completed Operations RFB S-0095 DMHSAS-14 $ 1,000,000 Page 32 of 33 Sex Offender Treatment Services for Clients on Supervised Release Each Occurrence $ 1,000,000 Automobile Liability Combined Single Limit $ 1,000,000 Professional liability (malpractice) $ 2,000,000 Additional Insured: The vendor shall add the “State of Wisconsin, its officers, employees and agents” as an additional insured under the commercial general and professional liability policies. RFB S-0095 DMHSAS-14 Page 33 of 33