DHS RFB Outline

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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;
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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.
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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.
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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
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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).
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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
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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
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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.
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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.
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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
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
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.
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
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
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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.
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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.
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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.
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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.
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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
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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
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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
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