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State of Wisconsin Wis. Statutes s.16.75 DOA-3070 (R08/2003) BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.) AGENCY ADDRESS: Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # DJB-1083E. Late bids will be rejected. Bids MUST be date and time stamped by the Department of Corrections 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 David Brinkmeier / Purchasing Services Section receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not 3099 E Washington Avenue being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., P.O. Box 7991 not included with sample packages or other bids. Bid openings are public unless otherwise Madison, WI 53707-7991 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 sixty (60) days from date REQUEST FOR BID of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. THIS IS NOT AN ORDER Bids MUST be in this office no later than BIDDER (Name and Address) August 16, 2007 4:30 PM CT PLEASE COMPLETE: Name (Contact for further information) David Brinkmeier Phone Date 608-240-5589 July 24, 2007 Quote Price and Delivery FOB Destination Fax bids are not accepted Item Quantity Price Description No. and Unit Per Unit Total Sex Offender Treatment services in Brown County (Green Bay), WI.
1 96 Groups Sex Offender Treatment Group session, 4.4.1 $ $ (2 groups x 1/wk x 48 wks = 96 groups annually)
2 26 Groups Aftercare Group session, 4.4.2 $ $ (1 group x 1/every 2 wks x 52 wks = 26 groups annually)
Total Bid Amount $
Include items listed in Section 8 – Bidders Checklist.
Payment Terms Net 30 Delivery Time: per specifications 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. Does Not Apply to Printing Bids. We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605. 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 Phone ( )
Fax ( ) Signature of Above Date Federal Employer Identification No. Social Security No. if Sole Proprietor (Voluntary)
This form can be made available in accessible formats upon request to qualified individuals with disabilities. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 2 of 44
STATE OF WISCONSIN
REQUEST FOR BIDS (RFB) # DJB-1083E
FOR: Sex Offender Treatment services in Brown County (Green Bay), WI.
TABLE OF CONTENTS
DEFINITIONS 1.0 INTRODUCTION AND PURPOSE 2.0 BID PROCEDURE AND INSTRUCTIONS 3.0 BID ACCEPTANCE, EVALUATION AND AWARD 4.0 TECHNICAL REQUIREMENTS 5.0 PERFORMANCE REQUIREMENTS 6.0 SUPPORT REQUIREMENTS 7.0 COST INFORMATION REQUIREMENTS 8.0 REQUIRED FORMS 9.0 TERMS AND CONDITIONS - SPECIAL, STANDARD AND SUPPLEMENTAL TERMS AND CONDITIONS
Attachments
EXHIBIT 1 ……………………………………. DCC Administrative Directive 01-10
EXHIBIT 2 ……………………………………. Referral for Services (DOC-1336)
EXHIBIT 3 ……………………………………. Offender Report - Monthly (DOC-1088)
EXHIBIT 4 ……….…………………………… Unit Service Monthly Report (DOC-1026)
EXHIBIT 5 ……….…………………………… Sex Offender Assessment Report (DOC-1577)
EXHIBIT 6 ……….…………………………… Sex Offender Program Report (DOC-1423)
EXHIBIT 7 ……….…………………………… Limits of Confidentiality Regarding Information Rendered to Treatment Staff (DOC-1923)
EXHIBIT 8 ……….…………………………… Acknowledgement of Tate Warning (DOC-2200) RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 3 of 44
DEFINITIONS: The following definitions are used throughout the bid: The following definitions are used throughout the bid: Bidder means a firm submitting a bid in response to this Request for Bid Contractor/Provider means successful vendor awarded the contract. DCC means the Division of Community Corrections DOC means the Department of Corrections MBE means Minority Business Enterprise. RFB means Request for Bid. State/Agency/Department means State of Wisconsin. Purchasing means the Department of Corrections of Corrections Purchasing Section Must means a requirement is mandatory Shall means a requirement is mandatory Should means non-mandatory but desirable
ABEL means a clinical rating scale used in assessments to determine psychopathy by psychologists to assess sex offenders.
Administrative and Fiscal Services means tasks and responsibilities such as preparation and management of operational budget; personnel management; program planning and evaluation; supervision and evaluation of staff; labor/management relations; public relations; ensuring compliance with AA/CRC requirements; development, implementation and monitoring of policies/practices for information and technology, space, staff/offender health, safety and security.
Aftercare means services delivered by the provider to offenders who have successfully completed sex offender program services. The level and specifics of aftercare services for individual offenders will be determined by the provider as approved by appropriate DOC staff.
AODA means Alcohol and Other Drug Abuse
Assessment means the process of collecting and analyzing information about an offender so that appropriate decisions can be made regarding sentencing, supervision, and treatment.
Assessments may include the following types:
Sex Offender Assessment : Identifies specific problem areas, strengths and weaknesses, skills, knowledge, and the precedents and antecedents of the sexually abusive behavior. Recommendations for the appropriate type of intervention and level of need for treatment must be included. It also includes a completed Sex Offender Assessment Report (DOC-1577)
Intake Assessment: Determines and documents sex offender problem areas to be addressed in the program and the sex offender’s appropriateness for the program. The intake assessment includes the initial Treatment Plan and the initial Sex Offender Program Report (DOC-1423). The treatment plan includes measurable goals and objectives, as well as activities/services needed to achieve successful discharge.
Progress Assessment/Report: A report that describes the ongoing status of an offender while in a sex offender treatment program. For purposes of this bid, the Sex Offender Program Report (DOC-1423) will be used to report progress.
Discharge Summary: Documents a summary of treatment progress when the offender completes or is terminated from a program. The discharge summary includes recommendations for further treatment as well as recommendations to assist the agent in supervising the offender. It also includes a completed Sex Offender Program Report (DOC-1423). RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 4 of 44
Case Plan means the process by which the provider, supervising agent and offender identify problems needing resolution, establish agreed-upon immediate, short-term and long-term goals and decide on programming to be utilized based on the severity of the offender’s presenting problems.
Clinical Supervision means the management of the treatment aspects of the program. Tasks and responsibilities include development, implementation, and functional oversight of programs; maintaining current knowledge of research, literature, program theories and models relevant to target populations served by the program; ensuring ethical and professional standards are maintained in program delivery.
It also requires the periodic direct observation and analytic review of ongoing assessment, counseling, treatment plan development, implementation, discharge planning and case management by the contractor staff with the purpose of evaluating and improving service delivery and assuring quality of care.
Co-facilitator is a person who assists with the facilitation of groups and is assisting a person who does meet the requirements and provides direct program services as part of a team.
Cognitive Interventions is defined as a program which teaches specific strategies or techniques to enable offenders to (1) identify for themselves the specific thoughts that support their criminal behavior (self- observation); (2) see and appreciate the pattern and consequences of their thinking; (3) utilize reasoning and problem solving, self-talk, social interaction skills as a means of controlling and changing their thinking; (4) recognize that they have choices and can make a conscious decision to change or not to change. The Department stresses programming that combines two types of cognitive interventions: cognitive restructuring (changing the thinking patterns, attitudes, and beliefs that lead persons to offend) and cognitive skills training (teaching reasoning, problem solving, and social skills).
Culturally Diverse Programming means programming which accommodates the learning styles of African American, Hispanic, American Indian, Caucasian and other ethnic backgrounds. This is accomplished through diverse staff and program materials.
Denial means the process through which an offender fails to accept responsibility for behavior. Denial can be seen on a continuum: deny the existence of the event (it didn’t happen; the victim made it up); acknowledge the event but deny any personal responsibility (I did it, but I was drunk, etc.); acknowledge the event, admit responsibility but deny the significance of the event (I did it, it was wrong, but no harm was done). Offenders from all parts of this continuum will be referred to this program.
Direct Program Services means tasks and responsibilities such as conducting sex offender assessments; providing individual and group treatment services; conducting program orientation, evaluation, aftercare, and support groups; case management activities including case planning, referral to other services, participation in staffings, maintenance of case records/files.
Gender Specific means programming designed specifically to address male and female offenders’ needs and learning styles.
Minimization means an offender admits to offense or main elements of offense but does not fully acknowledge significant factors, e.g., their responsibility for the offense, attributes responsibility to the victim, shortens period of time or frequency of offenses, diminishes degree of force, denies impact on victim, denies sexualized intent, admits knowing victim was underage but denies knowing victim as young as she/he was.
Offender means an individual convicted in adult court and under the supervision of the Wisconsin Department of Corrections.
PCL-R means the Psychopathy Checklist-Revised, a clinical rating scale used in assessments to determine psychopathy by psychologists to assess sex offenders.
Polygraph is an instrument that records continuously, visually, permanently, and simultaneously any changes in cardiovascular, respiratory, and electro dermal patterns as minimum instrumentation RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 5 of 44
standards, and is used, or the results of which are used, for the purpose of detecting deception or verifying truth of statements made by an examinee. Program Participant or Participant means an offender referred by the Wisconsin Department of Corrections and receiving services through the sex offender treatment program(s).
Relapse Intervention/Prevention means a multidimensional model incorporating cognitive and behavioral techniques to prevent recurrence of sexually abusive/aggressive behavior.
Risk Factors are a set of internal stimuli or external circumstances that may diminish a sex offender’s self- control and thus may increase the probability of relapse.
Secular Programming means a program that is free of religious components.
Sex Offender is an individual under of the supervision of the Wisconsin Department of Corrections, Division of Community of Corrections whose history includes a sexual assault conviction, commitment, or read-in, or whose history includes any offense, commitment, juvenile adjudication or read-in which involved behaviors which were sexually motivated or deviant.
Sex Offender Treatment means a comprehensive set of planned and organized therapeutic experiences and interventions which are research-based intended to improve the prognosis, function, and outcome of offenders to reduce their risk of sexual re-offense, or other sexually abusive and other aggressive behavior.
Sexual Deviant Behavior means sexual behaviors that are illegal and considered abnormal, atypical, unusual, e.g. pedophilia.
Special Populations means offenders that may present particular characteristics such as the following: cognitively challenged (low functioning), non-English speaking, learning challenged, mentally ill or physically challenged (hearing/visual/mobility impaired).
Staffings are verbal communications and information shared by DOC staff and provider about a specific offender which usually involves a face-to-face meeting, but may take place over the telephone. The offender may or may not be present at the meeting or time of telephone call. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 6 of 44
1.0 INTRODUCTION AND PURPOSE
1.1 PURPOSE OF THIS REQUEST FOR BID The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for Non-residential Sex Offender Treatment services in Brown County (Green Bay), WI. The program must provide offenders convicted in adult court and under the supervision of the Wisconsin Department of Corrections with specified sex offender treatment services.
1.2 REASONABLE ACCOMMODATIONS The DOC will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations contact David Brinkmeier via email at [email protected].
1.3 SCOPE The Department of Corrections (DOC), Division of Community Corrections, supervises individuals who have been convicted of sex offenses and/or have a history of criminal and/or deviant sexual behavior. Sex offender program services are to provide assessment/evaluation as well as individual and group services which address offender rehabilitation and intervention to reduce the risk of re-offense presented by offenders who might otherwise be incarcerated.
1.3.1 PROGRAM GOALS The goals of sex offender treatment services are as follows:
1.3.1.1 To assess the level of risk for re-offense presented by sex offenders supervised by the Department of Corrections. 1.3.1.2 To identify and challenge offender denial. By acknowledging the criminal sexual behavior. By disclosing their history of sexually abusive and criminal sexual behavior. By learning and understanding the effects of sexual abuse upon victims, victim’s family, the community, the offender and offender’s family. 1.3.1.3 To assist DOC staff in determining supervision strategies/case plans. 1.3.1.4 To provide offender accountability and community protection. 1.3.1.5 To reduce risk of offender relapse by providing interventions which interrupt offender deviant cycles, reduce deviant fantasies and arousal, develop victim empathy, provide sex education, and assist in development and implementation of individual relapse prevention plans. 1.3.1.6 To provide assistance to DOC staff in providing community education and/or training which enhances the Department of Corrections’ ability to supervise sex offenders.
1.3.2 TARGET POPULATION The program would serve male sex offenders as referred by the Department of Corrections including those defined in special populations.
1.4 OVERVIEW OF PROCURING AGENCY The DOC Purchasing Services Section performs purchasing functions for adult, juvenile, and community corrections goods and services for the State of Wisconsin.
1.5 CONTRACT TERM General Purpose Revenue (State) will support this contract if purchased by the DOC. These funds are allocated to the Department of Corrections, Division of Community Corrections (DCC).
Availability of funding to support this purchase is contingent upon the biennial budget process. The initial contract is for the time period from October 1, 2007 through June 30, 2008. The Department has the option of allowing two one-year renewal options or portions thereof; however, funding beyond June 30, 2008 is contingent upon the performance of the provider during the contract period and upon the availability of funds. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 7 of 44
EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT
In the event of contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, and the proposal of the successful proposer, and additional terms agreed to, in writing, by the Department and the Contractor shall become part of the contract. Failure of the successful proposer to accept these as a contractual agreement may result in a cancellation of award.
The following priority for contract documents will be used if there are conflicts or disputes.
The Final Signed Agreement and/or Official Purchase Orders Vendor's Proposal State Request for Proposal Standard Terms and Conditions
1.6 CANCELLATION AND TERMINATION 1.6.1 Failure of Purchaser to comply with the Agreement terms, conditions, or specifications shall provide the sole cause for which Contractor is entitled to terminate this Agreement. Contractor shall notify Purchaser in writing within thirty (30) days after Contractor becomes aware of the alleged noncompliance with a complete description of the same. If Purchaser does not, within forty-five (45) days after its receipt of Contractor’s notice, either (i) effect a cure or (ii) if the noncompliance is not one that can reasonably be cured within forty-five (45) days, develop a plan to cure the noncompliance and diligently proceed according to that plan until a cure is effected, then Contractor may terminate this Agreement for cause by written notice to Purchaser. Contractor may not terminate this Agreement without cause unless express written consent to do so is provided by Purchaser.
1.6.2 Purchaser may terminate this Agreement at any time, with or without cause, and without penalty by delivering thirty (30) days’ written notice to Contractor.
1.6.3 In the event that the Agreement is terminated for any reason whatsoever, Purchaser's liability shall be limited to the pro rata cost of the Services approved and satisfactorily provided as of the effective date of termination and Contractor will refund to Purchaser, within fourteen (14) days of the effective date of termination, all payments made hereunder by Purchaser to Contractor for Services not completed or not accepted by Purchaser.
1.6.4 Purchaser shall be entitled to recover all costs related to obtaining and providing replacement Services and/or deliverables which could not be provided or completed due to either Contractor’s termination of the Agreement for any reason prior to the expiration of the Agreement term or Purchaser’s termination of the Agreement due to Contractor’s failure to comply with the Agreement. The rights and remedies of Purchaser provided herein shall not be exclusive but are in addition to any other rights and remedies provided by law or elsewhere in the Agreement, including the documents incorporated herein.
1.6.5 Upon termination or expiration of this Agreement, each party shall forthwith return to the other all papers, materials, and other properties of the other held by each for purposes of execution of this Agreement; provided, however, Purchaser shall be entitled to retain a copy of any completed or partially completed Service deliverables, if any, as well as any other project records Purchaser is required to retain under the State of Wisconsin’s records retention requirements. In addition, each party will assist the other party in the orderly termination of this Agreement and the transfer of all aspects hereof, tangible or intangible, as may be necessary for the orderly, non-disrupted business continuation of each party. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 8 of 44
1.7 VENDORNET REGISTRATION The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, commodities and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for commodities and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e- mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.
To obtain information on the state’s bidder registration, please visit the VendorNet Web site at http://vendornet.state.wi.us or call the VendorNet Information Center (1-800-482-7813). In the Madison area, please call 264-7898.
Note: Department of Administration and State Bureau of Procurement policies no longer require maintenance of bidder’s lists or individual notification of vendors on bidders’ lists. In addition, there is no requirement to post solicitations for bids/proposals in the Legal Notices of the Official State Newspaper. Vendors who fail to register with VendorNet may not receive notification of procurement solicitations.
Additional Notes: Make sure you select the appropriate NIGP (Commodity) Codes. Registering without selecting the codes for the commodities or services you are interested in supplying will not result in notification of bid solicitations or place your name on a potential vendor list. Lists are generated by NIGP codes.
Consider using a generic email address that is accessed or delivered to multiple recipients (example: [email protected]). This will insure that the bid notice is received.
Annually an email will be sent to renew your registration. If you do not renew, your company will be removed from the Vendornet bidders list.
2.0 BID PROCEDURES AND INSTRUCTIONS
2.1 BID SUBMITTAL Vendor must submit a price per unit for each item, an extended total for each item and a total price on the Request for Bid form.
Vendors must submit an original, marked as such, and three (3) copies of all materials required for acceptance of their bid by the deadline shown on the Request for Bid form. Bids must be received in the below office by the specified time stated. All Bids must be time-stamped as accepted by the Purchasing Services Section by the stated time. Bids not so stamped will not be accepted. Receipt of a bid by the State mail system does not constitute receipt of a bid by the Purchasing Services Section, for purposes of this RFB. Please use one of the options below for return of your bid.
The Bid(s) must be received at the Purchasing Services Section no later than August 16, 2007 4:30 pm Central Time. Any bids received after that time and date will be rejected.
USPS ADDRESS COMMON CARRIER ADDRESS Department of Corrections Department of Corrections David Brinkmeier / Purchasing Services Section David Brinkmeier / Purchasing Services Section PO Box 7991 3099 East Washington Ave. Madison, WI 53707-7991 Madison, WI 53704-4338
FAXING: Faxed bids are NOT accepted. E-MAILING: Emailed bids are NOT accepted. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 9 of 44
All bids must be packaged, sealed, and show the following information on the outside of the package:
Vendor's Name and Address Request for Bid Title Request for Bid Number Bid Due Date
2.2 CALENDAR OF EVENTS Listed below are important dates and times by which actions related to this Request for Bids (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB unless the event is listed as estimated or approximate.
DATE EVENT July 24, 2007 Date of issue of the RFB July 31, 2007 Last day for submitting written questions August 1, 2007 Answers to questions posted on VendorNet (estimated) August 16, 2007 Bids due from vendors. October 1, 2007 Contract Start date
2.3 FORMAT OF BID Vendors responding to this RFB must comply with the following format requirements:
2.3.1 SIGNED REQUEST FOR BID SHEET Include here the signed Request for Bid sheet (DOA-3070) included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.
By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.
2.3.2 STATE OF WISCONSIN TERMS AND CONDITIONS These standard and supplemental terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.
2.3.3 ADDITIONAL INFORMATION A listing of required forms and supporting documents is included in Section 8. The information requested is for verification of service meeting bid specifications.
Italics note all required documentation in the Request for Bid. Bids that do not include all items listed may be rejected. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 10 of 44
2.4 MULTIPLE BIDS Multiple bids from a vendor will be permissible; however, each bid must conform fully to the requirements for bid submission. Each such 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.
2.5 INCURRING COSTS The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.
2.6 QUESTIONS, CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT All communications and/or questions regarding this request must be written and submitted via FAX, e- mail, USPS mail or hand delivery to the Purchasing Services Section.
If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, they have five (5) business days after bid posting date and time to notify, in writing, Purchasing Agent at the address shown below of such error and request modification or clarification of the RFB document. All written questions will be responded to in writing and provided to all bidders.
Department of Corrections David Brinkmeier / Purchasing Services Section PO Box 7991 Madison, WI 53707-7991 [email protected]
From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the DOC regarding this RFB shall be made through the Purchasing Services Section. Violation of this condition may be considered sufficient cause for rejection of a proposal, irrespective of any other considerations.
Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.
In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet.
2.7 NEWS RELEASES AND PROMOTIONAL MATERIALS: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the State. Contractor agrees to not use promotional or marketing material which states expressly or by fair implication that the DOC endorses either the Contractor or any sponsor of such material.
3.0 BID ACCEPTANCE, EVALUATION AND AWARD:
3.1 BID OPENING Bids will be opened on August 16, 2007 at 3099 East Washington Ave. Madison, WI 53704 Purchasing Services Section. Names of the bidders may be read aloud at that time.
3.2 BID ACCEPTANCE Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the State. The State may request reports on a vendor's financial stability and if financial stability is not substantiated may reject a vendor's bid. The State retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the State. The State shall be the sole judge as to compliance with the instructions contained in this RFB. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 11 of 44
3.3 BID EVALUATION Bids will be evaluated by the DOC's purchasing agent and program manager/staff to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed service(s), and reviewing results of past awards to the vendor by the State of Wisconsin.
Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m).
3.4 METHOD OF AWARD This contract shall be awarded to a responsive, responsible bidder meeting bid specifications and requirements based on the lowest total price. The Department reserves the right to accept or reject any and all bids in whole or in part. The Department also reserves the right to negotiate price with the lowest responsive and responsible bidder. The Department reserves the right to adjust the number of units of service, to add or move locations, and/or add additional locations outside the designated area if in its best interest. No partial bids will be accepted.
3.5 NOTIFICATION OF INTENT TO AWARD Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's intent to award the contract(s) as a result of this RFB.
After notification of the intent to award is made, and under the supervision of agency staff, copies of bids will be available for public inspection 8:30 a.m. to 3:30 p.m., Monday through Friday, at 3099 East Washington Ave., Madison WI. Vendors should schedule reviews with purchasing agent to ensure that space is available for the review.
3.6 APPEALS PROCESS The appeals procedure applies to only those Requests For Bids for Services that are $25,000.00 or greater. Notices of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and shall identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.
The written notice of intent to protest the Intent to Award a Contract must be filed with:
Secretary, Department of Corrections P.O. Box 7925 Madison, WI 53707-7925
And be received in this office within five (5) working days after the notice of intent to award is issued. The written protest must be received in this office within ten (10) working days after the notice of intent to award is issued.
Copies of the notice of intent to protest and the written protest should be sent to the Purchasing Section Chief. The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency, provided the appeal alleges a violation of statute or a provision of a Wisconsin Administrative Code.
4.0 TECHNICAL REQUIREMENTS
4.1 FACILITY REQUIREMENTS Sex offender treatment services must be located in Brown County (Green Bay), WI. The facility in which services are provided must meet all applicable federal, state and local codes, regulations and requirements. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 12 of 44
4.2 BIDDER ORGANIZATION EXPERIENCE The bidder organization must have a minimum 2 years experience providing correctional, human services, professional counseling, or treatment services. The bidder should also have experience working with sex offenders, involuntary clients, and culturally diverse clients. The bidder is encouraged to be certified as an outpatient mental health clinic under Wisconsin Administrative Code HSS 61.91.
Bidder organization is required to conform to applicable Wisconsin State Statutes and Codes regarding the delivery of treatment services.
Provide documentation of the organization’s experience and qualifications in providing services as described above. Be specific. Identify services, dates, and results. Attach copies of any applicable certifications.
4.3 STAFF QUALIFICATIONS, EXPERIENCE, AND TRAINING Sex offender programs must have adequate staff with the required skills to ensure the quality and effectiveness of interventions. Programs must also ensure that the staff is receiving appropriate training and education to maintain quality services.
4.3.1 ADMINISTRATIVE AND FISCAL STAFF Organization staff must have at least a minimum 2 year of Administrative and Fiscal services experience. Administrative staff must have a minimum 2 years in the administration or supervision of a correctional or human services program.
Provide a list of staff names providing administrative and fiscal services with documentation of staff training and experience. The format for this documentation shall include names of staff, dates, location of experience, and names and phone numbers of persons who can verify experience.
4.3.2 CLINICAL SUPERVISION STAFF Bidder must provide clinical supervision for all treatment components of the program. 4.3.2.1 Staff Qualifications Staff providing clinical supervision must, at a minimum, be licensed or certified in one of the following professions: 1. Advanced Practice Social Worker, Independent Social Worker, Clinical Social Worker, or Professional Counselor—licensed/certified under 1991 Wisconsin Act 160 as amended by Wisconsin Act 80 (Chapter 457) effective 11-01-2002. 2. Psychologist—licensed under Wisconsin Statutes, Chapter 455. 3. Psychiatrist—licensed under Wisconsin Statutes, Chapter 448 and board eligible as a psychiatrist by the American Medical Association.
All noted licensing and certification must be current.
4.3.2.2 Staff Experience Bidder staff providing clinical supervision services must have a minimum 2 year(s) experience that includes the following areas:
1. Conducting sex offender assessments/evaluations including risk assessments using current instruments and methodologies. 2. Providing individual and group sex offender treatment. 3. Working with involuntary clients. 4. Working with offender populations. 5. Working with culturally diverse client populations. 6. Providing cognitive/behavioral-based programming. 7. Providing relapse prevention programming. 8. Case management including treatment planning, general knowledge of social services and appropriate referrals, record keeping, mandatory reporting requirements, confidentiality rules and regulations as they apply to the specific population, and knowledge of professional ethical standards. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 13 of 44
4.3.2.3 Staff Training Bidder staff providing clinical supervision services must have a minimum of 40 hours of training that includes a minimum of four hours in each of the following areas:
1. Treatment of cognitive distortions, thinking errors, and criminal thinking. 2. Risk assessment of sex offenders. 3. Relapse prevention. 4. Sex offender treatment including group, individual and behavioral therapy. 5. Human sexuality including etiology of sexual deviancy. 6. Treatment issues specific to target populations(s) to be served by the program.
Provide name and title of the staff that will be providing clinical supervision services to this program, provide certification, and any other documentation pertaining to the requirements of 4.3.2.
4.3.3 DIRECT SERVICE STAFF Bidder must provide sex offender assessment and treatment services. 4.3.3.1 Staff Qualifications Bidder staff conducting direct program services must, at a minimum, be licensed or certified in one of the following professions:
Social Worker, Advanced Practice Social Worker, Independent Social Worker, Clinical Social Worker, or Professional Counselor licensed under 1991 Wisconsin Act 160 as amended by Wisconsin Act 80 (Chapter 457) effective 11-01- 2002. Psychologist licensed under Wisconsin Statutes, Chapter 455. Psychiatrist licensed under Wisconsin Statutes, Chapter 488 and board eligible as a psychiatrist by the American Medical Association. Psychiatric Nurse licensed as a registered nurse under Wisconsin Statutes, Chapter 441, and certified as a psychiatric nurse by the American Nursing Association.
All noted licensing and certification must be current.
If treatment groups are co-facilitated, at least one co-facilitator shall meet the licensing requirements.
Staff providing psycho-educational or aftercare group services are not required to meet the licensing requirements described above if the following conditions are met: Services are provided under the direct supervision of staff who meets the licensing requirements described above. Services are delivered in close cooperation with the treatment components of this program.
4.3.3.2 Staff Experience Staff providing direct program services under any agreement resulting from this solicitation shall have a minimum 2 years experience in each of the following areas:
Conducting sex offender assessments/evaluations including risk assessments using current instruments and methodologies. Providing individual and group sex offender treatment. Working with involuntary clients. Working with offender populations. Working with culturally diverse client populations. Providing cognitive/behavioral-based programming. Providing relapse prevention programming. Case management including treatment planning, general knowledge of social services and appropriate referrals, record keeping, mandatory reporting requirements, confidentiality rules and regulations as they apply to the specific population, and knowledge of professional ethical standards. If treatment groups are co-facilitated, at least one co-facilitator shall meet the experience requirements. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 14 of 44
Staff providing psycho-educational or aftercare group services are not required to meet the experience requirements described above if the following conditions are met: Services are provided under the direct supervision of staff who meets the experience requirements described above. Services are delivered in close cooperation with the treatment components of this program. Staff providing these services must have a minimum of one year of work experience involving the care, treatment, supervision or custody of offenders. Training from a recognized college or university with coursework in social work, psychology, criminal justice, or a closely related field may substitute for work experience.
4.3.3.3 Staff Training Staff providing direct program services must have a minimum of 40 hours of training that includes a minimum of four hours in each of the following areas:
Treatment of cognitive distortions, thinking errors, and criminal thinking. Risk assessment of sex offenders. Relapse prevention. Group facilitation. Sex offender treatment including group, individual, and behavioral therapy. Human sexuality including etiology of sexual deviancy. Treatment issues specific to target population(s) to be served by the program. Family systems. Specialized monitoring/assessment tools such as polygraph, PCL-R, penile plethysmograph, ABEL, pharmacological treatment, etc.
Staff shall have one year from the date of hire to complete the required training. Staff is also required to complete 12 hours of related update training every two years.
1 Provide a list of staff providing direct program services with documentation of all licensing, documentation of staff experience in providing services, and documentation of staff training in the above areas. The format for this documentation shall include names of staff, dates/locations of experience with names/phone numbers of persons who can verify experience and dates/ hours with training sources pertaining to the requirements of 4.3.3.
4.4 PROGRAM DESCRIPTION The goals of sex offender treatment include, but are not limited to, the outcomes in Items A through D below. The basic treatment protocol of the program shall determine the specific goals and the methods used to achieve them. The offender's assessment, treatment plan, and progress in treatment shall determine the applicability of those goals and methods to an offender. The program must be designed to allow, assist, and encourage the offender to develop the motivation and ability to achieve the goals in Items A through D, as appropriate.
A. The offender must acknowledge the criminal sexual behavior and admit or develop an increased sense of personal culpability and responsibility for the behavior. The program must provide activities and procedures that are designed to assist offenders to:
1. Reduce their denial or minimization of their criminal sexual behavior and admit any blame placed on circumstantial factors. 2. Disclose their history of sexually abusive and criminal sexual behavior and pattern of sexual response. 3. Learn and understand the effects of sexual abuse upon victims and their families, the community, the offender and the offender’s family. 4. Address restitution and reparation to their victims and the community, in a direct or indirect manner, as appropriate.
B. The program must focus on identifying the circumstances that lead to sexually abusive and criminal sexual behavior, and on identifying alternative behaviors that would prevent recurrence of sexual RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 15 of 44
abuse and criminal sexual behavior. The program must provide activities and procedures that are designed to assist offenders to:
1. Identify and assess the function and role of thinking errors and maladaptive attitudes and beliefs. 2. Learn and use appropriate strategies and techniques for changing thinking patterns and maladaptive attitudes, beliefs and coping patterns. 3. Identify the function and role of paraphilic and aggressive sexual responses and recurrent sexual fantasies. 4. Learn and use appropriate strategies and techniques to manage paraphilic and aggressive sexual responses, urges, fantasies, and interests; and maintain or enhance sexual response to appropriate partners or situations when possible. 5. Identify the function and role of chemical abuse or other antisocial behavior. 6. Identify and address particular family issues or dysfunctions, including childhood abuse issues, that precipitate or support the sexually offensive behavior. 7. Develop a detailed re-offense prevention plan that identifies the cycle of sexually abusive behavior and alternative behaviors designed to decrease risk, and identifies a network of persons who support change in the offender. 8. Practice positive social behaviors.
C. The program must provide information and activities designed to:
1. Assist the offender in developing a positive, prosocial approach to sexuality, including an under- standing of intimate and love relationships.
D. The offender will develop or improve positive communication and relationship skills. The program must provide activities and procedures that are designed to assist offenders to:
1. Develop emotional awareness and demonstrate the appropriate expression of feelings. 2. Develop and demonstrate appropriate levels of trust in relating to peers and other adults. 3. Develop and demonstrate appropriate communication, anger management, and stress management skills.
The treatment of sex offenders is a rapidly evolving field. As our knowledge and understanding of this population increases through research, it is understood that methods for intervention and treatment will continue to evolve.
The following provisions are required for all services:
1. At the onset of offender program participation, the bidder staff shall inform offenders of the therapist’s duty to warn and communication obligation to DOC. The therapist shall have the offender sign a waiver of confidentiality to allow information to be shared with DOC or other criminal justice/social service agencies that have a need to know.
2. The bidder staff shall be willing to address community safety issues and cooperate with DOC staff to monitor risk. The bidder must report lapses, violations, and when the offender is in a high-risk situation.
3. The bidder staff must agree to appear at revocation and court hearings if required.
4. For evaluation purposes, the bidder staff must be willing to have group treatment videotaped and/or observed and evaluated by a DOC representative.
5. The staff must demonstrate an ability to be assertive and nonpunitive toward offenders. 6. Bidders will be expected to collect and maintain data on offenders and their participation in the treatment process in an electronic database. Requirements include computer capabilities with internet access, e-mail, and window’s applications.
7. Group size shall not be fewer than 12 participants or more than 15 participants. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 16 of 44
8. Groups will not be co-facilitated with a staff person from DOC.
9. Exceptions to the minimum group size requirement (12) will require prior approval from DOC staff.
10. Accommodations may be required for special populations of offenders.
11. The program shall be open-ended to provide the ability to enroll offenders at various points throughout the treatment group cycle.
12. Groups must be comprised of only offenders supervised by DOC.
4.4.1 SEX OFFENDER TREATMENT GROUP Group treatment services provided are to follow a cognitive intervention model of sex offender treatment. Offenders shall be expected to prepare homework/journals/assignments or thinking reports. The group shall be male only but shall include offenders with varying types of offense, e.g., exhibitionists, rapists, child molesters, etc. Group treatment shall be specifically designed to address male sex offender issues. The bidder selected under this solicitation shall conduct a minimum of one treatment group(s) per week, each session 120 minutes in length .
Sex offender treatment shall be specifically designed to address sex offender issues to include, but not limited to, the following:
1. Individual offender's behavior pattern underlying current offense, other offense behavior patterns, deviant behavior cycles, cognitive distortions, deceptiveness, deviant arousal, fantasies, victim impact, empathy, denial and minimization.
2. Education concerning physiology of sexuality, physical and emotional health in sexuality, appropriate and abusive sexual behaviors.
3. Skill development to enhance offender's ability to manage impulses toward criminal or sexually deviant behavior. This is to include assertiveness, communication, anger management, stress management and relaxation techniques.
4. A family and relationship component which provides offenders with the skills to develop and maintain healthy relationships. Issues to be addressed, at a minimum, shall include parenting/discipline; separation/loss; physical, sexual and/or emotional abuse; dependency issues; and relationship roles.
5. Relapse prevention techniques and plan developed with the offender that identifies the offender's precursors, fantasies, cues, seemingly unimportant decisions, stressors, relationships, high risk situations as well as corrective actions and consequences for criminal/sexually deviant behavior.
Treatment may include behavioral therapy that includes operant conditioning (i.e., covert desensitization and masturbatory satiation) to reinforce appropriate sexual fantasies and negate inappropriate fantasies.
Provide a detailed description of the group treatment program component including the approach and methods of service delivery. In addition, a proposed itinerary of the group dates and topic areas to be covered shall be included.
4.4.2 AFTERCARE GROUP SERVICES
Group services are to provide continuing support for offenders who have completed sex offender treatment. The group shall be male only but shall include offenders with varying types of offense, e.g., exhibitionists, rapists, child molesters, etc. Groups will assist the offender in following the RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 17 of 44
offender’s relapse prevention plan, modifying the plan as necessary, and dealing with stresses that could contribute to increased risk of re-offense. The bidder selected under this solicitation shall conduct a minimum of one aftercare group every two weeks, each session 120 minutes in length.
Groups must be comprised of only offenders currently or previously supervised by DOC. Offenders discharged from DOC supervision may continue to participant in group at their own cost.
Provide a detailed description of the aftercare group component including approach and methods of service delivery. A curriculum including a proposed itinerary of group dates and topic areas to be covered shall be included.
4.5 REFERRAL/INTAKE/DISCHARGE PROCEDURES
4.5.1 REFERRAL/INTAKE Bidder staff shall develop referral/intake procedures in cooperation with DOC staff. If the bidder rejects an offender, this must be discussed with DOC staff to determine if the program can be modified to address the specific offender needs. Bidder staff shall send a written assessment evaluation report as defined in 4.4.1, including the DOC-1577 Sex Offender Assessment Report, the initial DOC-1423 Sex Offender Program Report (Exhibit 6), and recommendations to the referring agent/DOC liaison within 15 working days of admission into the program.
4.5.2 PROGRAM RULES Bidder agency shall have each offender complete necessary release of information forms and shall give each offender a copy of the program rules and expectations. Using the DOC-1923 Limits of Confidentiality Regarding Information Rendered to Treatment Staff (Exhibit 7), the bidder agency shall notify each offender in writing that all information obtained while an offender participates in program services shall be shared with DOC staff. Using the DOC-2200 Acknowledgement of Tate Warning (Exhibit 8), the bidder agency shall advise offenders that offenders will be required to discuss details of the conviction offense as part of the treatment process and that information revealed about the conviction offense cannot be used against them in criminal proceedings. The completed DOC-1923 and DOC-2200 forms signed by the offender shall be submitted to the referring agent/liaison within 15 days of the offender’s admission to the program.
Provide a copy of written program rules.
4.5.3 CASE MANAGEMENT/STAFFINGS A written report including the DOC-1423 Sex Offender Program Report (Exhibit 6) addressing offender progress in treatment must be completed at a minimum every six months.
In order to effectively monitor an offender’s participation and progress in sex offender programming, the bidder and DOC staff need to share ongoing information regarding the offender’s behavior. Meetings between bidder and DOC staff must be conducted as needed but at a minimum of every 90 days.
The bidder will also submit weekly attendance report with information regarding offender’s attendance, compliance with payment, and any relevant comments/updates.
Provide a format for weekly attendance report.
4.5.4 DISCHARGE SUMMARY The bidder shall develop termination and discharge procedures for offenders completing or exiting services in cooperation with DOC staff. The bidder shall inform the referring agent/DOC liaison of the program’s intent to terminate an offender from treatment prior to discharge because of poor adjustment and within one working day for all other types of terminations. Within 15 days RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 18 of 44
of termination or discharge, the bidder shall prepare a written discharge summary including the DOC-1423 Sex Offender Program Report (Exhibit 6). The discharge summary must also include a description of offender’s progress in programming, additional program recommendations, the offender’s relapse prevention plan, and recommendations to assist the agent in supervising the sex offender’s subsequent activities.
Provide the format for the written discharge summary.
4.6 LENGTH OF PROGRAM PARTICIPATION
4.6.1 SEX OFFENDER TREATMENT GROUP It is anticipated that offenders will participate in no less than 48 group sessions (1 120-minute sessions per week x 48 weeks). Participation for any longer or shorter period of time may be negotiated with DOC staff based on treatment goals.
4.6.2 AFTERCARE GROUP It is anticipated that offenders will participate in no less than 26 group sessions (1 120-minute session every 2 weeks x 52 weeks). Participation for any longer or shorter period of time may be negotiated with DOC staff based on treatment goals.
4.7 NUMBER OF SERVICE UNITS Under any agreement resulting from this solicitation, units of service are defined as follows:
4.7.1 MALE SEX OFFENDER TREATMENT GROUP One 120-minute group session of direct service provided to DCC offenders participating in activities as defined in 4.4.1 with documentation to referring agent/DOC liaison.
4.7.2 AFTERCARE GROUP One 120-minute group session of direct service provided to DCC offenders participating in activities as defined in 4.4.2 with documentation to referring agent/DOC liaison. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 19 of 44
4.8 REPORTING REQUIREMENTS 4.8.1 REPORTING ON INDIVIDUAL OFFENDERS 4.8.1.1 Progress Reports: The bidder shall document attendance, compliance with co- payment, and progress of the offender in the sex offender treatment. Documentation of offender’s progress using DOC-1423 Sex Offender Program Report will be submitted to the referring agent/DOC liaison at a minimum of every six months and documentation of offender attendance will be submitted weekly.
4.8.2 OTHER REPORTS 4.8.2.1 Law Violations: The bidder shall notify the referring DOC staff or other available DOC staff if a participant is in violation of the law. This notification must take place as soon as possible and no later than 24 hours, subsequent to receiving information concerning the law violation.
4.8.2.2 Serious Program Violations: Serious program rule violations, including failure to attend, shall be reported to the referring DOC staff or other available DOC staff within one working day.
4.8.2.3 Ad Hoc Reports: Upon request, the bidder shall provide to DOC staff, reports on offenders served in the program when these reports are required by the court, for revocation procedures and/or for other Departmental processes.
4.8.3 PROGRAM REPORTING 4.8.3.1 Referral for Services (DOC 1336): The bidder shall submit a completed Referral for Services form for each offender referred by DOC for service. These forms shall be submitted with the first DOC-1088 Offender Report Monthly following offender’s rejection or acceptance into the program. A copy of the form is attached as Exhibit 2.
4.8.3.2 Offender Report Monthly (DOC 1088): The bidder shall submit a completed Offender Report Monthly to report data on offenders served each month. This report shall be submitted within 15 days of the last day of the month during which service was provided. A copy of this form is attached as Exhibit 3.
4.8.3.3 Unit Service Monthly Report (DOC 1026): The bidder shall submit a completed Unit Service Monthly Report to provide data on the number of units of service provided each month. This report shall be submitted within 15 days of the last day of the month during which service was provided. A copy of this form is attached as Exhibit 4.
4.8.3.4 Program Evaluation: Program evaluation is intended to return useful information to program sites for the purpose of program improvement. Contractors delivering services to offenders shall prepare for and cooperate with evaluation efforts initiated by the Department including long-term results of offenders discharged from the program. At the request of the Department, the contractor agrees to complete a standardized battery of pre- and post-testing to measure offender change in treatment and consequent reduction on recidivism.
Contractors will be expected to collect and maintain similar data on offenders and their participation in the treatment process in an electronic database. Requirements include computer capabilities with internet access, e-mail, and window’s applications.
4.9 SPECIAL SERVICE DELIVERY REQUIREMENTS Under any agreement resulting from this solicitation, the contractor shall begin delivering services on October 1, 2007 for offenders referred for services by DOC. Failure to meet this deadline may result in termination of the agreement.
5.0 PERFORMANCE MEASURES 5.1 Prices must remain firm for the initial contract term. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 20 of 44
5.2 Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 90 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing 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 publication. Price increases must be labeled with the contract number and be submitted in the same format as the original RFB. Any price increase requested that is not submitted in the proper format may be rejected.
6.0 SUPPORT REQUIREMENTS
6.1 CONTRACTOR REIMBURSEMENT The contractor shall be reimbursed for units of service provided each month as reported using the DOC- 1088 Offender Report Monthly and the DOC-1026 Unit Services Monthly Report .
Contractor must agree that all invoices shall reflect the prices established on this contract for all orders placed by the DOC even though the contract number and/or correct prices may not be referenced on each order. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment.
6.2 COLLECTION OF OFFENDER FEES The provider shall collect fees from offenders participating in this program or via third party payments. Program participants who are employed or who receive other public or private funds will be expected to pay toward the program. Those participants who have no income or assets will not be expected to pay fees for a specified time period consistent with plans developed with provider staff and the supervising agent. The offender fee schedule shall be subject to DOC approval. The amount of all collections will be reported on the Unit Service Monthly Report (DOC-1026) for the month in which fees were collected, and deducted from the amount reimbursable to the provider by DCC.
No offender will be denied services because of inability to pay.
6.3 REPORTS Reports of both programmatic and fiscal activity will be required for the purpose of documenting the satisfactory meeting of program objectives in accordance with the application. Reporting requirements will be specified in the agreement between the contractor and the Department. Failure of the contractor to accept these obligations may result in cancellation of the award.
The contractor shall, at the option of the Department, appear before Department administrators to clarify findings and to answer any questions at any time during the contract negotiation period or after the contract is completed.
7.0 COST INFORMATION REQUIREMENTS Bidder must complete and sign Request For Bid Form (DOA-3070), including a price per unit for each item, an extended total for each item and a total bid amount. Bidder must provide pricing for both Items No. 1 and 2 and a total bid amount or the bid will be disqualified. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 21 of 44
8.0 REQUIRED FORMS
BIDDER'S CHECKLIST All bids must include information requested in 8.1 through 8.2 as specified below. Requirements of 8.1 must be submitted in a separate envelope from the items listed in 8.2. Both envelopes must be marked with the bid name, bid number, due date, time of opening and service description in the lower left hand corner of the envelope. Both envelopes may be combined into one larger envelope provided the bid name, bid number, due date, time of opening and service description is listed in the lower left hand corner of the larger envelope.
8.1 PROGRAM SPECIFICATIONS - the following program specification detail is required to be submitted at the time of the bid under separate cover.
8.1.1 Verification of bidder qualifications and experience as specified in 4.2.
8.1.2 Documentation of administrative and fiscal services qualifications, experience and training as specified in 4.3.1.
8.1.3 Documentation of clinical supervision staff certification/licensure as specified in 4.3.2.
8.1.4 Documentation and listing of program staff and direct service staff certification/licensure, experience and training as specified in 4.3.3.1, 4.3.3.2 and 4.3.3.3.
8.1.5 A detailed description of the group treatment program component as specified in 4.4.1.
8.1.6 A detailed description of the aftercare group component as specified in 4.4.2.
8.1.7 Copy of program rules as specified in 4.5.2.
8.1.8 Format for weekly attendance report as specified in 4.5.3.
8.1.9 Format for discharge summary as specified in 4.5.4.
8.2 FORMS/SIGNATURES REQUIRED - the following forms are required to be submitted at the time of the bid under separate cover.
8.2.1 Request for Bid Form - DOA-3070
8.2.2 Vendor Information Form - DOA-3477
8.2.3 Affidavit Form – DOA-3476
8.2.4 W9 Form – DOA-6448
8.2.5 Designation of Confidential and Proprietary Information Form - DOA-3027
8.2.6 WI Cooperative Purchasing Service Vendor Agreement Form – DOA-3333
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION Information submitted as part of the bid document which is proprietary and confidential in nature and which qualifies as a trade secret may be kept confidential under the Wisconsin Open Records Law – Section 19.36(5), Wis. Stats. Please complete and sign the attached form.
LOCAL GOVERNMENT PARTICIPATION Vendors are encouraged to extend the contract resulting from this RFB to local governments in Wisconsin. Please indicate your company’s willingness to allow Wisconsin municipalities to participate in this contract by completing Form DOA-3333, Vendor Agreement – WI’s Cooperative Purchasing Service. STATE OF WISCONSIN Bid / Proposal # DJB-1083E DOA-3477 (R05/98) Commodity / Service GREEN BAY SOT VENDOR INFORMATION 1. BIDDING / PROPOSING COMPANY NAME
FEIN
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4 2. Name the person to contact for questions concerning this bid / proposal.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4 3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4 4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.
Name Title
Phone ( ) Toll Free Phone ( )
FAX ( ) E-Mail Address
Address
City State Zip + 4
5. CEO / President Name This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin Bid / Proposal # DJB-1083E Department of Administration DOA-3476 (R01/2000) Commodity Green Bay SOT S. 16.75(3m) Wis. Stats.; s. 16.752
Affidavit
This completed affidavit must be submitted with the bid/proposal.
Proposer Preference: Please indicate below if claiming a proposer preference.
Minority Business Preference (s. 16.75(3m), Wis. Stats.) - Must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 8th Floor, 123 W. Washington Ave., P.O. Box 7970, Madison, Wisconsin 53707-7970, (608) 267-9550.
Work Center Preference (s 16.752, Wis Stats.) - Must be certified by the State of Wisconsin Use Board. If you have questions concerning the certification process, contact the Wisconsin State Use Board, 101 East Wilson Street, 6th Floor, PO Box 7867, Madison, Wisconsin 53707-7867 or 608/266-2553.
American-Made Materials: The materials covered in our proposal 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
Non-Collusion: In signing this proposal we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free trade; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.
We will comply with all terms, conditions, and specifications required by the State of Wisconsin in this Announcement of Bid/Proposal and the terms of our bid/proposal.
Authorized Title Representative Type or Print
Authorized Date (m/dd/ccyy) Representative Signature
Company Telephone ( ) Name
This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin Division of Executive Budget and Finance Department of Administration State Controller’s Office DOA-6448 (R08/2001) Substitute W-9 DO NOT send to IRS
Taxpayer Identification Number (TIN) Verification Print or Type Please see attachment or reverse for complete instructions. This form can be made available in alternative formats to qualified individuals upon request. Legal Name Entity Designation (check only one) Required (as entered with IRS) If Sole Proprietorship enter your Last, First, MI Individual / Sole Proprietor Corporation (includes service corporations) Trade Name Limited Liability Company - Partnership If doing business as (D/B/A) or enter business name of Sole Proprietorship Limited Liability Company - Corporation Government Entity Hospital Exempt from Tax or Government Remit Address (where check should be mailed) Owned PO Box or Number and Street, City, State, ZIP + 4 Long Term Care Facility Exempt from Tax or Government Owned All Other Entities Taxpayer Identification Number (TIN) If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, Order Address (where order should be mailed) using your EIN may result in unnecessary PO Box or number and street, City, State, ZIP + 4 notices to the requester.
Primary Address (for return of 1099 form if different from remit address) Check Only One Required PO Box or number and street, City, State, ZIP + 4 Social Security Number (SSN) Employer Identification Number (EIN) Individual Taxpayer Identification Number for U.S. Resident Aliens (ITIN)
Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number, AND 2. I am not subject to back up withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to back up withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. 3. I am a U.S. person (including a US resident alien). Printed Name Printed Title Telephone Number ( ) Signature Date (mm/dd/ccyy)
For Agency Use Only Agency Number Contact Phone Number
Change Name Address Other (explain) Forms may be returned by use Department of Corrections of FAX Number: 608-240-3342 3099 East Washington Ave. Madison, WI 53704-4338
DOA-6448 (R08/2001) Instructions for Completing Taxpayer Identification Number Verification (Substitute W-9)
Legal Name As entered with IRS
Individuals: Enter Last Name, First Name, MI Sole Proprietorships: Enter Last Name, First Name, MI All Others: Enter Legal Name of Business
Trade Name
Individuals: Leave Blank Sole Proprietorships: Enter Business Name All Others: Complete only if doing business as a D/B/A
Remit Address
Address where payment should be sent if different from primary address
Order Address
Address where order should be sent if different from primary address
Primary Address
Address where 1099 should be sent if different from remit address
Entity Designation
Check ONE box which describes the type of business entity.
Taxpayer Identification Number
LIST ONLY ONE: Social Security Number OR Employer Identification Number OR Individual Taxpayer Identification Number.
If you do not have a TIN, apply for one immediately. Individuals use federal form SS-05 which can be obtained from the Social Security Administration. Businesses and all other entities use federal form SS-04 which can be obtained from the Internal Revenue Service.
Certification
You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.
Privacy Act Notice
Section 6109 requires you to furnish your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 31% of taxable interest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also apply. Taxpayer Identification Request
In order for the State of Wisconsin to comply with the Internal Revenue Service regulations, this letter is to request that you complete the enclosed Substitute Form W-9. Failure to provide this information may result in delayed payments or backup withholding. This request is being made at the direction of the Wisconsin State Controller in order that the State may update its vendor file with the most current information.
Please return or FAX the Substitute Form W-9 even if you are exempt from backup withholding within (10) days of receipt. Please make sure that the form is complete and correct. Failure to respond in a timely manner may subject you to a 31% withholding on each payment or require the State to withhold payment of outstanding invoices until this information is received.
We are required to inform you that failure to provide the correct Taxpayer Identification Number (TIN) / Name combination may subject you to a $50 penalty assessed by the Internal Revenue Service under section 6723 of the Internal Revenue Code.
Only the individual’s name to which the Social Security Number was assigned should be entered on the first line.
The name of a partnership, corporation, club, or other entity, must be entered on the first line exactly as it was registered with the IRS when the Employer Identification Number was assigned.
DO NOT submit your name with a Tax Identification Number that was not assigned to your name. For example, a doctor MUST NOT submit his or her name with the Tax Identification Number of a clinic he or she is associated with.
Thank you for your cooperation in providing us with this information. STATE OF WISCONSIN DOA-3027 (R01/98)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #DJB-1083E Green Bay SOT includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval. Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.
Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply: 1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. 2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.
We request that the following pages not be released
Section Page # Topic
______
______
______
______
IN THE EVENT THE DESIGNATION OF CONFIDENTIALITY OF THIS INFORMATION IS CHALLENGED, THE UNDERSIGNED HEREBY AGREES TO PROVIDE LEGAL COUNSEL OR OTHER NECESSARY ASSISTANCE TO DEFEND THE DESIGNATION OF CONFIDENTIALITY AND AGREES TO HOLD THE STATE HARMLESS FOR ANY COSTS OR DAMAGES ARISING OUT OF THE STATE'S AGREEING TO WITHHOLD THE MATERIALS.
Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.
Company Name ______
Authorized Representative ______Signature
Authorized Representative ______Type or Print Date ______This document can be made available in accessible formats to qualified individuals with disabilities. State of Wisconsin Division of State Agency Services Department of Administration State Bureau of Procurement DOA-3333 (R03/2004)
Vendor Agreement Wisconsin’s Cooperative Purchasing Service
Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.
Interested municipalities:
will contact the contractor directly to place orders referencing the state agency contract number; and
are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.
The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.
The State of Wisconsin will determine the contractor’s participation by checking a box below.
MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.
OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract. A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities. Vendor: please check one of the following boxes in response.
I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.
I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.
Special Conditions (if applicable):
Signature Date (mm/dd/ccyy)
Name (Type or Print) Title
Company Telephone
( ) Address (Street) City State ZIP + 4
Commodity/Service Request for Bid/Proposal Number
Sex Offender Treatment Services in Green Bay, WI DJB-1083E This form can be made available in accessible formats upon request to qualified individuals with disabilities. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 29 of 44
9.0 TERMS AND CONDITIONS The Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) are by reference made a part of this RFB. The vendor is directed to the following paragraphs of DOA-3054 in particular, as they constitute a mandatory part of any resulting contract.
2.0 Deviations and Exceptions
19.0 Nondiscrimination/Affirmative Action
23.0 Insurance Responsibility
24.0 Cancellation
Failure of the successful proposer to accept these terms may result in cancellation of the award.
SPECIAL TERMS AND CONDITIONS 9.1 PRIME CONTRACTOR AND MINORITY BUSINESS 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 proposer must clearly explain their participation.
The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The contracting Department is committed to the promotion of minority business in the state's purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development 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 minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.
The supplier/contractor shall furnish appropriate quarterly information about its effort to achieve this goal, including the identities of such enterprises certified by the Wisconsin Department of Commerce and their contract amount.
A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. The listing is published on the Internet at: http://www.doa.state.wi.us/deo/mbe/minority_search.asp
9.2 AFFIRMATIVE ACTION As a State Department, the DOC requires contractors issued a purchase order exceeding $25,000.00 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being banned from doing business with any Department of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. On the Vendor Information Sheet please provide the requested information. For additional information see section 19.0 of the Standard Terms and Conditions. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 30 of 44
9.3 WISCONSIN SALES AND USE TAX REGISTRATION The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.
If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the DOC and any other state agency can not issue any purchase orders to your firm. For additional information see http://www.dor.state.wi.us/html/vendlaw.html
9.4 AMERICANS WITH DISABILITY ACT The contractor must complete or currently have on file a facility self-survey and a program and policy self- evaluation to address compliance with the Americans With Disability Act. (Public Law 101-336, July 26, 1990, 104 Stat. 327 and Title 42, U.S.C.A., ss. 12101 to 12213). During the course of the contract, the contractor must take action to comply with the facility, program and employment provisions of the Americans With Disability Act. Applicants may obtain information on the Americans With Disability Act by contacting the Director, Office of Diversity and Employee Services, Wisconsin Department of Corrections, 3099 E. Washington Ave., P.O. Box 7925, Madison, Wisconsin 53707-7925.
9.5 LIQUIDATED DAMAGES The contractor acknowledges that damages will be incurred by the Department, in the amount of the cost per unit multiplied by the number of units, not to exceed one-half of the total contracts, for every unit not properly provided in accordance with the requirements of this bid. This includes the failure to start services on scheduled date.
9.6 EMPLOYMENT OF CURRENT OFFENDERS AND EMPLOYMENT AND RETENTION OF INDIVIDUALS ARRESTED, CHARGED OR CONVICTED OF CRIMINAL OFFENSES. 9.6.1 Contractor may not employ a person who is on probation, parole or an inmate who is supervised by the Department for any position where the primary duties and responsibilities involve the supervision or treatment of inmates, probationers or parolees or involve access to offenders' records or funds.
9.6.2 Contractor will implement policies and procedures to ensure that:
9.6.2.1 Job applicants or current employees shall be dealt with as follows:
9.6.2.1.1 A job applicant who has a pending criminal charge that substantially relates to the circumstances of a particular job or licensed activity will not be hired for that job;
9.6.2.1.2 A current employee who has a pending criminal charge that substantially relates to the circumstances of the job or licensed activity will not be continued in that particular job;
9.6.2.1.3 A job applicant who is convicted of a criminal offense or other offense that substantially relates to the circumstances of a particular job or licensed activity will not be hired for that job; and
9.6.2.1.4 A current employee who is convicted of a criminal offense or other offense that substantially relates to the circumstances of the current job or licensed activity will not be retained in that particular job.
9.6.2.2 Nothing in this contract prohibits the Contractor from reassigning or suspending the employee or, in the case of a conviction, terminating the employee.
9.6.3 In hiring and retention decisions, Contractor may consider records of pending criminal charges and convictions when it can be demonstrated that the circumstances of the offense substantially relate to the circumstances of the job or licensed activity. When determining whether the circumstances of a pending charge or conviction are substantially job related, Contractor should take into consideration elements related to the position, the offense, and the individual. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 31 of 44
9.6.4 To make determinations on substantial relationships to the circumstances of the job, Contractor must have written policies on how the applicant for employment and the employee will be reviewed. To guide the development of the policy, the Contractor may obtain a copy of Chapter 301 of the Department of Corrections Supervisor's Manual from the Contract Administrator.
9.7 FRATERNIZATION 9.7.1 Contractor agrees to have a written policy on fraternization which prohibits the forming of improper relationships between Contractor's employees and offenders. The policy must be substantially equivalent to the Department of Corrections' policy as expressed in Executive directive 16, May 1991 - Revised January 1997, Further Revised August 2004. A copy of Executive Directive 16 may be obtained from the Contract Administrator.
9.7.2 Contractor must address at the minimum the policy required in Sub. A: definitions of employee, relationships and offender; a statement of prohibited relationships; duty of an employee to inform Contractor of unplanned contacts with offenders; a statement that Contractor-directed contacts or those which are part of the employee's job duties are exempt from the policy; an exception procedure which may be carried out by the Executive Director or designee; and a standard employee statement indicating that each employee has read a copy of the Contractor's policy on fraternization.
9.7.3 Contractor must maintain a copy of the signed employee statement on fraternization in each employee's personnel file.
9.8 CONTRACTOR AUDIT REQUIREMENT 9.8.1 9.8.1.1 Governmental entities shall comply with the Single Audit Act of 1984, OMB Circular A- 128 and the State Single Audit Guidelines issued by the Department of Administration. They shall also comply with the Department of Health and Family Services' Allowable Cost Policy Manual. Single audit reports are due to the Department within 30 days from issuance of the report, but no later than one year after the end of the audit period.
9.8.1.2 Non-profit contractors that have been certified under USC 501(c)(3) shall comply with OMB Circular A-133, the Department's Provider Agency Audit Guide, the Allowable Costs Policy Manual and ss. 301.08. Audits are due to the Department within one year of the close of the contract.
9.8.1.3 Profit contractors shall comply with the Department's Provider Agency Audit Guide, the Allowable Costs Policy Manual, and ss. 301.08. Audits are due to the Department within one year of the close of the contract.
9.8.1.4 If a contractor’s audit is based on a calendar rather than state fiscal year (July 1 through June 30), the contractor and/or auditor shall submit a worksheet which reconciles the expenditures based on the state fiscal year and the relevant purchase orders within one year of the close of the contract.
9.8.2 Purchaser shall notify Contractor within 90 days of receipt of the audit completed by the independent certified auditor, whether or not the audit meets the requirements of Purchaser's audit guidelines. Purchaser shall initiate resolution of audit findings with Contractor within 180 days following notification of the audit's acceptance. If the audit is not complete or is acceptable only in part, Purchaser shall rely upon the acceptable portion of the audit and any additional audit work shall build upon the work already done.
9.8.3 Purchaser reserves the right to conduct an independent audit of Contractor if Contractor fails to secure an audit covering all funds, or a follow-up review of selected areas is determined to be necessary. In the event that Contractor fails to secure an audit, Purchaser's costs for completing an audit will be charged back to Contractor. RFB # DJB-1083E Due Date: August 16, 2007 Green Bay -Sex Offender Treatment Services Page 32 of 44
9.8.4 Contractor agrees that it is responsible to assure that all purchase of service contracts of $25,000 or more meet the requirements of the Office of Management and Budget Circulars A-133 and A- 128 that pertain to sub-recipient audits.
9.9 FAITH-BASED ORGANIZATIONS A faith-based organization is eligible to be a contractor on the same basis as any other private organization. If Contractor is a faith-based organization it shall retain its independence from the State of Wisconsin, including without limitation Contractor’s control over the definition, development, practice, and expression of its religious beliefs. Except as otherwise provided by state or federal law, Purchaser shall not interpret this Contract to require a faith-based organization to alter its form of internal governance or remove religious art, icons, scriptures, or other symbols.
A religious organization does not, by contracting with the State of Wisconsin, lose the exemption provided under Section 702 of the Civil Rights Act (42 U.S.C. 2000e-1(a)) regarding its employment practices. Furthermore, if a faith-based organization segregates the government funds provided under the Contract, then only the financial assistance provided by these funds will be subject to audit.
Neither Purchaser’s selection of a faith-based contractor to provide the Services described herein nor the expenditure of funds under this Contract is an endorsement of the Contractor’s religious character, practices, or expression. The purpose of this Contract is the provision of Services; none of Purchaser’s expenditures have as their objective the funding of sectarian worship, instruction, or proselytization. As such, a faith-based Contractor of Non-secular Services under this Contract shall post at its place(s) of business the following written notice and personally appraise all assisted offenders of the same unless its programming is exclusively secular and it does not display conspicuous symbols of its religious character, practices, or expression:
Neither the State of Wisconsin’s selection of a faith-based contractor of services nor the expenditure of funds under any contract with said contractor is an endorsement of that contractor’s religious character, practices, or expression. No contractor of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular contractor because of its religious character, you may request assignment to a different non-sectarian contractor by contacting your Agent.
To ensure an offender is informed of the foregoing, a faith-based Contractor shall require that each offender receiving Non-secular Services or receiving secular services in a place where the organization displays conspicuous symbols of its religious character, practices, or expression under this Contract signs an acknowledgment form prepared by the Contractor containing the aforementioned notice and verifying the offender’s receipt of the same. A copy of all signed acknowledgment forms shall be promptly provided to Purchaser. Finally, Purchaser will require that each offender sign the Purchaser’s “Voluntary Choice and Waiver” form prior to receiving any non-secular services from a faith-based Contractor under this Contract. A faith-based Contractor agrees to refrain from providing non-secular services hereunder to an offender until it receives a copy of a fully executed Voluntary Choice and Waiver form from Purchaser for that respective offender. Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals)
7.0 UNFAIR SALES ACT: Prices quoted to the State of 1.0 SPECIFICATIONS: The specifications in this request are Wisconsin are not governed by the Unfair Sales Act. the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, 8.0 ACCEPTANCE-REJECTION: The State of Wisconsin type of construction, quality, functional capability and/or reserves the right to accept or reject any or all performance level desired. When alternates are bids/proposals, to waive any technicality in any bid/proposal bid/proposed, they must be identified by manufacturer, stock submitted, and to accept any part of a bid/proposal as number, and such other information necessary to establish deemed to be in the best interests of the State of equivalency. The State of Wisconsin shall be the sole judge Wisconsin. of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in Bids/proposals MUST be date and time stamped by the rejection of their bid/proposal. soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time 2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep- stamped in another office will be rejected. Receipt of a tions from original text, terms, conditions, or specifications bid/proposal by the mail system does not constitute receipt shall be described fully, on the bidder's/proposer's letter- of a bid/proposal by the purchasing office. head, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in 9.0 METHOD OF AWARD: Award shall be made to the lowest strict compliance with all terms, conditions, and specifica- responsible, responsive bidder unless otherwise specified. tions and the bidders/proposers shall be held liable. 10.0 ORDERING: Purchase orders or releases via purchasing 3.0 QUALITY: Unless otherwise indicated in the request, all cards shall be placed directly to the contractor by an material shall be first quality. Items which are used, authorized agency. No other purchase orders are demonstrators, obsolete, seconds, or which have been authorized. discontinued are unacceptable without prior written approval by the State of Wisconsin. 11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor 4.0 QUANTITIES: The quantities shown on this request are invoices within thirty (30) days of receipt providing goods based on estimated needs. The state reserves the right to and/or services have been delivered, installed (if required), increase or decrease quantities to meet actual needs. and accepted as specified.
5.0 DELIVERY: Deliveries shall be F.O.B. destination freight Invoices presented for payment must be submitted in prepaid and included unless otherwise specified. accordance with instructions contained on the purchase order including reference to purchase order number and 6.0 PRICING AND DISCOUNT: The State of Wisconsin quali- submittal to the correct address for processing. fies for governmental discounts and its educational institu- tions also qualify for educational discounts. Unit prices shall A good faith dispute creates an exception to prompt reflect these discounts. payment.
6.1 Unit prices shown on the bid/proposal or contract 12.0 TAXES: The State of Wisconsin and its agencies are shall be the price per unit of sale (e.g., gal., cs., doz., exempt from payment of all federal tax and Wisconsin state ea.) as stated on the request or contract. For any and local taxes on its purchases except Wisconsin excise given item, the quantity multiplied by the unit price taxes as described below. shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract The State of Wisconsin, including all its agencies, is administration. required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco 6.2 Prices established in continuing agreements and products, motor vehicle fuel and general aviation fuel. term contracts may be lowered due to general market However, it is exempt from payment of Wisconsin sales or conditions, but prices shall not be subject to increase use tax on its purchases. The State of Wisconsin may be for ninety (90) calendar days from the date of award. subject to other states' taxes on its purchases in that state Any increase proposed shall be submitted to the depending on the laws of that state. Contractors perform- contracting agency thirty (30) calendar days before ing construction activities are required to pay state use tax the proposed effective date of the price increase, and on the cost of materials. shall be limited to fully documented cost increases to the contractor which are demonstrated to be indus- 13.0 GUARANTEED DELIVERY: Failure of the contractor to trywide. The conditions under which price increases adhere to delivery schedules as specified or to promptly may be granted shall be expressed in bid/proposal replace rejected materials shall render the contractor liable documents and contracts or agreements. for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the 6.3 In determination of award, discounts for early administrative costs. payment will only be considered when all other con- ditions are equal and when payment terms allow at 14.0 ENTIRE AGREEMENT: These Standard Terms and least fifteen (15) days, providing the discount terms Conditions shall apply to any contract or order awarded as are deemed favorable. All payment terms must allow a result of this request except where special requirements the option of net thirty (30). are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attach- ments shall constitute the entire agreement and no other Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) terms and conditions in any document, acceptance, or 19.2 The contractor agrees to post in conspicuous places, acknowledgment shall be effective or binding unless available for employees and applicants for employ- expressly agreed to in writing by the contracting authority. ment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of 15.0 APPLICABLE LAW AND COMPLIANCE: This contract Wisconsin's nondiscrimination law. shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all 19.3 Failure to comply with the conditions of this clause federal and state laws, local laws, ordinances, and may result in the contractor's becoming declared an regulations which are in effect during the period of this "ineligible" contractor, termination of the contract, or contract and which in any manner affect the work or its withholding of payment. conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the 20.0 PATENT INFRINGEMENT: The contractor selling to the requirements of s. 77.66, Wis. Stats., and related statutes State of Wisconsin the articles described herein guarantees regarding certification for collection of sales and use tax. the articles were manufactured or produced in accordance The State of Wisconsin also reserves the right to cancel with applicable federal labor laws. Further, that the sale or this contract with any federally debarred contractor or a use of the articles described herein will not infringe any contractor that is presently identified on the list of parties United States patent. The contractor covenants that it will excluded from federal procurement and non-procurement at its own expense defend every suit which shall be brought contracts. against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers 16.0 ANTITRUST ASSIGNMENT: The contractor and the State therein are delivered to it) for any alleged infringement of of Wisconsin recognize that in actual economic practice, any patent by reason of the sale or use of such articles, and overcharges resulting from antitrust violations are in fact agrees that it will pay all costs, damages, and profits recov- usually borne by the State of Wisconsin (purchaser). erable in any such suit. Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to 21.0 SAFETY REQUIREMENTS: All materials, equipment, and goods, materials or services purchased in connection with supplies provided to the State of Wisconsin must comply this contract. fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA 17.0 ASSIGNMENT: No right or duty in whole or in part of the Standards. contractor under this contract may be assigned or dele- gated without the prior written consent of the State of 22.0 WARRANTY: Unless otherwise specifically stated by the Wisconsin. bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the 18.0 WORK CENTER CRITERIA: A work center must be certi- bidder/proposer for one (1) year from date of receipt. The fied under s. 16.752, Wis. Stats., and must ensure that equipment manufacturer's standard warranty shall apply as when engaged in the production of materials, supplies or a minimum and must be honored by the contractor. equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of 23.0 INSURANCE RESPONSIBILITY: The contractor perform- direct labor are performed by severely handicapped ing services for the State of Wisconsin shall: individuals. 23.1 Maintain worker's compensation insurance as 19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In required by Wisconsin Statutes, for all employees connection with the performance of work under this engaged in the work. contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, 23.2 Maintain commercial liability, bodily injury and prop- race, religion, color, handicap, sex, physical condition, erty damage insurance against any claim(s) which developmental disability as defined in s. 51.01(5), Wis. might occur in carrying out this agreement/contract. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Minimum coverage shall be one million dollars Stats., or national origin. This provision shall include, but ($1,000,000) liability for bodily injury and property not be limited to, the following: employment, upgrading, damage including products liability and completed demotion or transfer; recruitment or recruitment advertising; operations. Provide motor vehicle insurance for all layoff or termination; rates of pay or other forms of owned, non-owned and hired vehicles that are used compensation; and selection for training, including appren- in carrying out this contract. Minimum coverage shall ticeship. Except with respect to sexual orientation, the be one million dollars ($1,000,000) per occurrence contractor further agrees to take affirmative action to combined single limit for automobile liability and ensure equal employment opportunities. property damage.
19.1 Contracts estimated to be over twenty-five thousand 23.3 The state reserves the right to require higher or lower dollars ($25,000) require the submission of a written limits where warranted. affirmative action plan by the contractor. An exemp- tion occurs from this requirement if the contractor has 24.0 CANCELLATION: The State of Wisconsin reserves the a workforce of less than twenty-five (25) employees. right to cancel any contract in whole or in part without Within fifteen (15) working days after the contract is penalty due to nonappropriation of funds or for failure of the awarded, the contractor must submit the plan to the contractor to comply with terms, conditions, and specifica- contracting state agency for approval. Instructions tions of this contract. on preparing the plan and technical assistance regarding this clause are available from the 25.0 VENDOR TAX DELINQUENCY: Vendors who have a contracting state agency. delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin. Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R10/2005) Page 1 of 3 Standard Terms And Conditions (Request For Bids / Proposals) copy of a Material Safety Data Sheet for each item with the 26.0 PUBLIC RECORDS ACCESS: It is the intention of the shipped container(s) and one (1) copy with the invoice(s). state to maintain an open and public process in the solicita- tion, submission, review, and approval of procurement 31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: activities. Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state offi- Bid/proposal openings are public unless otherwise speci- cial or employee for commercial promotion is prohibited. fied. Records may not be available for public inspection News releases pertaining to this procurement shall not be prior to issuance of the notice of intent to award or the made without prior approval of the State of Wisconsin. award of the contract. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the 27.0 PROPRIETARY INFORMATION: Any restrictions on the contracting agency. use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information 32.0 HOLD HARMLESS: The contractor will indemnify and submitted in response to a request will be handled in save harmless the State of Wisconsin and all of its officers, accordance with applicable State of Wisconsin procurement agents and employees from all suits, actions, or claims of regulations and the Wisconsin public records law. Proprie- any character brought for or on account of any injuries or tary restrictions normally are not accepted. However, when damages received by any persons or property resulting accepted, it is the vendor's responsibility to defend the from the operations of the contractor, or of any of its determination in the event of an appeal or litigation. contractors, in prosecuting work under this agreement.
27.1 Data contained in a bid/proposal, all documentation 33.0 FOREIGN CORPORATION: A foreign corporation (any provided therein, and innovations developed as a corporation other than a Wisconsin corporation) which result of the contracted commodities or services becomes a party to this Agreement is required to conform cannot be copyrighted or patented. All data, docu- to all the requirements of Chapter 180, Wis. Stats., relating mentation, and innovations become the property of to a foreign corporation and must possess a certificate of the State of Wisconsin. authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business 27.2 Any material submitted by the vendor in response to in interstate commerce or is otherwise exempt from the this request that the vendor considers confidential requirement of obtaining a certificate of authority. Any and proprietary information and which qualifies as a foreign corporation which desires to apply for a certificate of trade secret, as provided in s. 19.36(5), Wis. Stats., authority should contact the Department of Financial or material which can be kept confidential under the Institutions, Division of Corporation, P. O. Box 7846, Wisconsin public records law, must be identified on a Madison, WI 53707-7846; telephone (608) 261-7577. Designation of Confidential and Proprietary Informa- tion form (DOA-3027). Bidders/proposers may 34.0 WORK CENTER PROGRAM: The successful request the form if it is not part of the Request for bidder/proposer shall agree to implement processes that Bid/Request for Proposal package. Bid/proposal allow the State agencies, including the University of prices cannot be held confidential. Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers 28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. certified under the State Use Law, s.16.752, Wis. Stat. Stats.), a member of a state public official's immediate This shall result in requiring the successful bidder/proposer family, or any organization in which a state public official or to include products provided by work centers in its catalog a member of the official's immediate family owns or controls for State agencies and campuses or to block the sale of a ten percent (10%) interest, is a party to this agreement, comparable items to State agencies and campuses. and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month 35.0 FORCE MAJEURE: Neither party shall be in default by period, this contract is voidable by the state unless appro- reason of any failure in performance of this Agreement in priate disclosure is made according to s. 19.45(6), Wis. accordance with reasonable control and without fault or Stats., before signing the contract. Disclosure must be negligence on their part. Such causes may include, but are made to the State of Wisconsin Ethics Board, 44 East not restricted to, acts of nature or the public enemy, acts of Mifflin Street, Suite 601, Madison, Wisconsin 53703 the government in either its sovereign or contractual (Telephone 608-266-8123). capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, State classified and former employees and certain but in every case the failure to perform such must be University of Wisconsin faculty/staff are subject to separate beyond the reasonable control and without the fault or disclosure requirements, s. 16.417, Wis. Stats. negligence of the party.
29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled mate- rials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.
30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemi- cal, as defined under 29CFR 1910.1200, provide one (1) State of Wisconsin Division of Agency Services Department of Administration Bureau of Procurement DOA-3681 (01/2001) ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions for Procurements for Services
1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The con- 3.2 Contractors shall agree as part of the contract for tents of the bid/proposal of the successful contractor will services that during performance of the contract, the become contractual obligations if procurement action ensues. contractor will neither provide contractual services nor enter into any agreement to provide services to a 2.0 CERTIFICATION OF INDEPENDENT PRICE person or organization that is regulated or funded by DETERMINATION: By signing this bid/proposal, the the contracting agency or has interests that are bidder/proposer certifies, and in the case of a joint adverse to the contracting agency. The Department bid/proposal, each party thereto certifies as to its own organi- of Administration may waive this provision, in writing, if zation, that in connection with this procurement: those activities of the contractor will not be adverse to the interests of the state. 2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, 4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., or agreement, for the purpose of restricting competi- prohibits an individual who is a State of Wisconsin employee tion, as to any matter relating to such prices with any or who is retained as a contractor full-time by a State of other bidder/proposer or with any competitor; Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the 2.2 Unless otherwise required by law, the prices which individual receives more than $12,000 as compensation for have been quoted in this bid/proposal have not been the individual’s services during the same year. This knowingly disclosed by the bidder/proposer and will prohibition does not apply to individuals who have full-time not knowingly be disclosed by the bidder/proposer appointments for less than twelve (12) months during any prior to opening in the case of an advertised procure- period of time that is not included in the appointment. It does ment or prior to award in the case of a negotiated not include corporations or partnerships. procurement, directly or indirectly to any other bidder/proposer or to any competitor; and 5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of 2.3 No attempt has been made or will be made by the Wisconsin, including any department, commission or board bidder/proposer to induce any other person or firm to thereof, to provide services relating to this agreement without submit or not to submit a bid/proposal for the purpose the written consent of the employing agency of such person of restricting competition. or persons and of the contracting agency.
2.4 Each person signing this bid/proposal certifies that: 6.0 CONFLICT OF INTEREST: Private and non-profit corpora- He/she is the person in the bidder's/proposer's organi- tions are bound by ss. 180.0831, 180.1911(1), and 181.0831 zation responsible within that organization for the Wis. Stats., regarding conflicts of interests by directors in the decision as to the prices being offered herein and that conduct of state contracts. he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above; (or) 7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of He/she is not the person in the bidder's/proposer's all expenditures incurred under the contract. All records must organization responsible within that organization for be kept in accordance with generally accepted accounting the decision as to the prices being offered herein, but procedures. All procedures must be in accordance with that he/she has been authorized in writing to act as federal, state and local ordinances. agent for the persons responsible for such decisions in certifying that such persons have not participated, The contracting agency shall have the right to audit, review, and will not participate in any action contrary to 2.1 examine, copy, and transcribe any pertinent records or through 2.3 above, and as their agent does hereby so documents relating to any contract resulting from this certify; and he/she has not participated, and will not bid/proposal held by the contractor. The contractor will retain participate, in any action contrary to 2.1 through 2.3 all documents applicable to the contract for a period of not above. less than three (3) years after final payment is made.
3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP: 8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, 3.1 Prior to award of any contract, a potential contractor and employees, in the performance of this agreement shall shall certify in writing to the procuring agency that no act in the capacity of an independent contractor and not as relationship exists between the potential contractor an officer, employee, or agent of the state. The contractor and the procuring or contracting agency that interferes agrees to take such steps as may be necessary to ensure with fair competition or is a conflict of interest, and no that each subcontractor of the contractor will be deemed to relationship exists between the contractor and another be an independent contractor and will not be considered or person or organization that constitutes a conflict of permitted to be an agent, servant, joint venturer, or partner of interest with respect to a state contract. The the state. Department of Administration may waive this provi- sion, in writing, if those activities of the potential con- tractor will not be adverse to the interests of the state. EXHIBIT 1
WISCONSIN EFFECTIVE DATE DEPARTMENT OF CORRECTIONS Division of Community Corrections July DOC-1356 (Rev. 05/96)
2001 PAGE 1 OF 1 MANUAL REFERENCE
New x Revision Administrative Directive 01-10 ORIGINATED BY William J. Grosshans, Replaces 99-15 Administrator SUBJECT: Kerr v. Farrey DISSEMINATION PRIORITY X All Staff X Supervisory Staff Only X Policy / Directive Information Discuss at Staff Meeting Read / Route / Post
The purpose of this directive is to ensure the Division of Community Corrections' procedures comply with the decision of the United States 7t' Circuit Court of Appeals in Kerr v. Farrey. 95 F.3d 472 (1996). In that decision, the court ruled that it was a violation of the 1St Amendment of the United States Constitution to order an offender to attend a treatment program with religious components. The court considered Alcoholics Anonymous, for example, to be a program with a religious component since the program refers to a "higher being" and to "God as we understand him." An agent may order an offender to attend a specific secular (non-religious) treatment or support program. An agent may not order an offender to attend a specific program with a religious component. An offender may voluntarily participate in a treatment or support program with a religious component as long as a non-religious program is offered. An agent may write a rule requiring an offender to attend and complete AODA treatment without naming a specific program. An agent may also provide an offender with a list of acceptable programs, as long as both secular and non-secular options are clearly identified. If an offender chooses to participate in a program having a religious component, the agent should document in the Chronological Log that a secular program was offered.
______William J. Grosshans Administrator
cc - DCC Administrative Directive Group Executive Staff EXHIBIT 2
DEPARTMENT OF CORRECTIONS WISCONSIN Division of Community Corrections DOC-1336 (Rev. 11/2006) REFERRAL FOR SERVICES PART A REFERRAL FOR SERVICES To be Completed by Referral Agent PROGRAM NAME PROGRAM LOCATION
REFERRAL DATE (Month/Day/Year) PROJECTED ELIGIBILITY DATE FOR SERVICES (Month/Day/Year)
AGENT NAME AGENT ADDRESS
AGENT TELEPHONE NUMBER (Include Area Code) AGENT AREA NUMBER
REFERRAL TYPE ALTERNATIVE TO REVOCATION (ATR) RESPONSE TO VIOLATION (NOT AN ATR)
COURT-ORDERED CONDITION PAROLE/ES CONDITION OTHER - SPECIFY: SERVICES REQUEST (Check All That Apply) Anger Management Domestic Violence Services Sex Offender Treatment Group AODA Group Services Education Services Transitional Living Program AODA Aftercare Services Emergency Housing Other (Specify) AODA Assessment/Evaluation Employment Services AODA Intensive Nonresidential Groups Family/Parenting Services AODA Relapse Prevention/Aftercare Halfway House (CBRF) Case Management Sex Offender Assessment/Evaluation Cognitive Interventions Groups Sex Offender Denial Focus Group Crisis Intervention Sex Offender Education Group Day Report Services Sex Offender Relapse Prevention/Aftercare OFFENDER LAST NAME (As Shown on Court Order) FIRST MI DOC NUMBER
DOB SEX RACE Male Female OFFENDER CURRENT ADDRESS
OFFENDER TELEPHONE NUMBER (Include Area Code)
MARITAL STATUS Single, never married Married Separated Widow/Widower Divorced OFFENDER STATUS AT TIME OF REFERRAL Probation Parole Extended Supervision 980 Case NGI Felony Misdemeanor SUPERVISION DISCHARGE DATE Habitual Deferred Prosecution One Year or Less Probation Reentry from Jail Reentry from Prison Reentry from DAI ATR DOES INDIVIDUAL HAVE OUTSTANDING WARRANT OR PENDING CHARGES? Yes No - If Yes, Explain: REASON FOR REFERRAL (List Problems Behaviors Evidenced By Offender And Specific Services Requested)
SPECIAL NEEDS (Check All Relevant Categories) Yes No Yes No Alcohol Problems History of Violence, attach description. Drug Problems (Specify) History of Committing Sexual Assaults Health Problems (Specify) Mental Health Problems (Specify) Pregnant Relationship Problems Developmental or Learning Disabilities OTHER (Specify) Financial Management Problems IS OFFENDER TAKING MEDICATION? Yes No - If Yes , List Reason: Prescription Self-Pay Insurance EDUCATIONAL ACHIEVEMENT Highest Grade Level Achieved EXHIBIT 2 THIS REFERRAL MUST INCLUDE THE FOLLOWING INFORMATION: Authorization for Use and Disclosure of Protected Health Information (DOC-1163A) Only required for information that involves personal health information, medical, mental health, AODA, or other confidential or services. Court Order, Criminal Complaint and Prior Record Social Information (DOC-179) Violation Report(s), if applicable. Information in Regard to Alcohol, other Drug Problems and Prior Treatment Experience, if applicable.
INSTRUCTIONS: Attach Part A and Part B to your agency’s “Offender Report Form Monthly" (DOC-386, DOC-1088A and DOC-1088) for each new intake and each offender who re-enters your program. PART B INTAKE DECISION To Be Completed by Provider Agency for Offender Entering or Re-entering The Program OFFENDER ACCEPTANCE / PROGRAM RETURN (Check Appropriate Box, Enter Appropriate Data) Offender accepted as new intake Offender returned to enter program RECOMMENDED PROGRAM
START DATE PROJECTED DISCHARGE DATE
REJECTION
OFFENDER REJECTED - FOR WHAT REASON (Specify):
EXHIBIT 3
DEPARTMENT OF CORRECTIONS 1.0.1 Division of Community Corrections DOC1088 (Rev. 2/97) OFFENDER REPORT – MONTHLY COMMUNITY - BASED PROGRAMS and SERVICES AGENCY NAME TELEPHONE NUMBER PURCHASE ORDER NUMBER
PROGRAM NAME FEDERAL FUNDS Yes No REPORT COMPLETED BY (Signature / Title) DATE SIGNED REPORT REVIEWED BY DPP STAFF (Signature) DATE SIGNED
INSTRUCTIONS: Use this form for all Community-based programs and services except Halfway House, use DOC-386 and Day Treatment, use DOC-1088A. Letters A through F must be completed; all other columns may REPORTING PERIOD be required in accordance with the agency’s contract/grant agreement or at the direction of the Contract Administrator. All columns which require a code are noted by an asterisk. All codes for the completion of this form are listed on the back of the form. If the Region needs assistance in developing the code for additional items, please contact the Adult Services Specialist at (608) 266-3989. (Month/Year)
A B C D E* F G* H OFFENDER AGENT ADMISSION TYPE OF STATUS OFFENDER I J K L OFFENDER NAME NUMBER AREA NO. DATE SERVICE SERVICE DATE OR DATES Discharge FEES Date Code COLLECTED THIS MONTH
M Total Number of Offenders N Total Units Provided* O Are Alcohol and Other Drug Abuse Services Provided Under This Contract/Grant YES NO P Other Information EXHIBIT 3 Discharge Codes Used For All
These codes are used in column “G” STATUS Discharge Date / Code of all billing forms including the TLP Billing. (01) Continues in Program. (02) Completed Service: Significant improvement in most or all areas has occurred and the offender is approaching or has attained full recovery (Good). (03) Completed Service: Improvement in some areas has occurred but the degree of improvement is minimal (Fair). (04) Completed Service: No positive change has occurred (Poor). (05) Referred to another agency. (06) Behavioral Termination: Staff / Program decision to terminate due to breaking internal program rules. (07) Withdrew against staff advice. (08) Funding / Authorization Expired (service not completed). (09) Program Hold: When offender is temporarily not involved in service. Each program hold incident must be 30 days or less. (10) Positive urinalysis screen, positive breathalyzer test or other indication of drugs. (11) Absconding (12) Rules Violation: Other than drug / alcohol or absconding. (13) New Offense (14) Hospitalized (15) Death (16) Other (specify in Field P “Other Information” at bottom of form. EXHIBIT 4
DEPARTMENT OF CORRECTIONS WISCONSIN Division of Community Corrections Wisconsin Statutes DOC-1026 (Rev. 2/97) Section 301.08 UNIT SERVICE MONTHLY REPORT
AGENCY NAME VENDOR ID NUMBER PURCHASE ORDER NUMBER
PROGRAM NAME TELEPHONE NUMBER
DOC CONTACT SIGNATURE REPORTING PERIOD (Month / Year)
As the authorized representative of the above named agency, I request that my agency is reimbursed for units of service provided to eligible Correctional offenders.
UNIT OF SERVICE(S) PROVIDED UNIT NUMBER OF COST PER TOTAL DESCRIPTION UNITS UNIT
Less Billing to Other Agencies - Less Offender Fees Collected - NET REIMBURSABLE =
I understand that my agency is required to submit a Offender Monthly Report within 30 days after the final day of the month for which this Unit Service Report is due.
I certify that the unit of services indicated for claiming State reimbursement are just, true and correct in the amount stated and have not been reimbursed, and represent actual services delivered and reimbursable under the laws, rules and regulation of the Wisconsin Department of Corrections.
PROVIDER AGENCY CONTACT SIGNATURE DATE SIGNED
DISTRIBUTION: Submit original and 2 copies to Grant/Contract Administrator