18-GA8134 Classroon Response System Final 042518.pdf

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 form)

AGENCY ADDRESS:

UNIVERSITY OF WISCONSIN-RIVER FALLS

PURCHASING OFFICE, 8 NORTH HALL

410 SOUTH 3RD STREET

RIVER FALLS, WISCONSIN 54022

REQUEST FOR BID

THIS IS NOT AN ORDER

BIDDER (Name and Address)

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 Purchasing, 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

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #18-GA8134. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract.

Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award

Bids MUST be in this office no later than

May 9th 2018 , 2:00 PM CST

Name (Contact for further information) Gail Anderson

Phone Date 715-425-3232 April 25, 2018

Quote Price and Delivery FOB

DESTINATION/PREPAID

Fax bids are accepted X Fax bids are not accepted Item No.

Quantity and Unit

Description Price Per Unit

Total University of Wisconsin-River Falls is accepting bids for a classroom response system to include 2000 remote control units with basic functionality of five button response for student use and up to 35 base units (may be less) for recording student responses in the classroom.

NOTE: All late bids will be rejected. Bid that are received by another department on campus (ex. Mailroom) do not constitute receipt in the

Purchasing Office and thus would be rejected if not forwarded to the

Purchasing Office by the due date and time. Please state this requirement to chosen delivery carrier as some will only deliver to the campus Mailroom.

Payment Terms Delivery Time

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.

TABLE OF CONTENTS

PAGE

SECTION #1: SUBMITTAL INSTRUCTIONS 5

SECTION #2: GENERAL INFORMATION 6 - 8

2.1 Purpose

2.2 Scope

2.3 Definition

2.4 Wisconsin Sales and Use Tax Registration

2.5 Wisconsin eSupplier Portal Registration

2.6 Campus On-site/End of Workday Requirements

2.7 Promotional Materials/Endorsements

2.8 Energy Star

2.9 Supplier Diversity

SECTION #3: RFB PROCESS INSTRUCTIONS 8 - 11

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Parties to the Contract

3.4 Term of the Contract

3.5 Excused Performance

3.6 Proprietary Information

3.7 Reasonable Accommodations

3.8 Appeals Process

3.9 Method of Bid

3.10 Method of Award

SECTION #4: BIDDER QUALIFICATIONS 11

4.1 Bidder Information

4.2 Bidder Experience

4.3 Client List/References

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS 11 - 13

5.1 Firm Prices

5.2 Invoicing Requirements

5.3 Payment Terms

5.4 Contract Termination

5.5 Entire Contract

5.6 Special Conditions/Warranty

ATTACHMENT A PRICING SHEET 14

ATTACHMENT B VENDOR INFORMATION FORM 15-16

ATTACHMENT C CLIENT REFERENCE LIST 17

ATTACHMENT D STANDARD TERMS & CONDITIONS OF BID 18-22

INTRODUCTION

SECTION #1: SUBMITTAL INSTRUCTIONS

BIDS MUST BE DELIVERED TO:

UW-River Falls Purchasing Office, 410 South 3rd Street, North Hall- Rm # 8, River Falls, WI 54022

NUMBER OF COPIES TO BE SUBMITTED:

One (1) hard copy of the completed bid, including the signed original, may be mailed, delivered by Bidder or by a 3rd-party/courier service in a sealed envelope or package with the RFB number on the outside. Bids must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

FAXED RESPONSES WILL NOT BE ACCEPTED.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed bid response. If returning your bid response by mail or in person, please fill out the information and tape to the outside of your bid package.

OFFICIAL SEALED BID

NUMBER: 18-GA8134

DUE DATE: 05/09/2018 2:00 PM CDT

FROM:

VENDOR NAME HERE:

ADDRESS:

SHIP TO:

UNIVERSITY OF WISCONSIN-RIVER FALLS

PURCHASING OFFICE

410 SOUTH 3RD STREET

RIVER FALLS, WI 54022

EMAIL BIDS CAN BE SUBMITTED to bids@uwrf.edu by deadline noted and followed up with a hard copy within 3 business days following.

SECTION #2: GENERAL INFORMATION

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. Failure to meet a mandatory requirement shall disqualify your bid. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1 Purpose:

The University of Wisconsin-River Falls hereinafter referred to as the "University" or “Owner”, through its Purchasing Office, hereinafter referred to as "Purchasing," requests bids for the purchase of a classroom response system, accessories and installation/implementation with existing equipment.

2.2 Scope:

Furnish materials necessary to replace an existing classroom response system or change out equipment.

Equipment delivery, licensing if applicable, and factory warranty are required to be included in the bid price.

All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid without having to repeat the bid process.

See Specifications for the minimum acceptable specifications for products desired. No alternative brand will be allowed to be bid to ensure compatibility with existing equipment. Substitutions must be of equal or superior quality. Revisions to this bid may be made only by an official written amendment issued by Purchasing.

2.3 Definitions:

The following definitions are used throughout this document:

Agent means UW-River Falls Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

Owner means University of Wisconsin-River Falls RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-River Falls.

WBE means Woman-Owned Business Enterprise.

2.4 Wisconsin Sales and Use Tax Registration:

No award can be made to a vendor who is not in compliance with Sec. 77.66 of the Wisconsin State Statutes (vendornet.state.wi.us/vendornet/wocc/certtax.asp) relating to sales and use tax certification.

If you have not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University 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

2.5 Wisconsin eSupplier Portal Registration:

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities. Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

2.6 Campus On-site/End of Workday Requirements:

Campus on-site work requirements shall be available to take place at the University five days per week, Monday through Friday, during normal University business hours.

2.7 Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.8 Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.9 Supplier Diversity

2.9.1 Minority Business Enterprise Program (MBE)

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 University of Wisconsin-River Falls is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises 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 information at least once per year, in the format specified by the University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal.

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/mbe/report2.asp?locid=0

2.9.2 Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Commerce 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 Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.9.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce 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 Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

SECTION #3: RFB PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this request must be in writing and must reference the bid number. Bidders are encouraged to FAX or e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFB, they have five (5) business days after receipt of RFB to notify, in writing, the 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.

ADMINISTRATIVE: Gail Anderson

UW River Falls Purchasing Office 410 South 3rd Street River Falls, WI 5402

E-mail: bids@uwrf.edu

PHONE 715.425.3232

FAX 715.425.4980

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, amendments and revisions will be provided to all recipients of this initial RFB.

3.2 Applicable Dates:

Date

April 25th, 2018

May 2nd, 2018 -4:30 PM CDT

May 4th, 2018 –10:00 AM CDT

May 9th, 2018 2:00 PM CDT

Event

Date of Issue of the RFB

Any Questions need to be submitted in writing

Answers to Questions will be emailed to bidders

RFB Due Date

3.3 Parties to the Contract

The contract shall be between the State of Wisconsin, Board of Regents of the University of Wisconsin-System doing business as the University of Wisconsin-River Falls, hereafter referred to as the “University” and the successful bidder hereafter referred to as the “Contractor” for the provision of the equipment and installation according to the terms set forth herein.

Gail Anderson, Senior Purchasing Agent, shall be the representative of the University responsible for the administration of the contract.

3.4 Term of Contract

It is the intent of the University to award the contract after May 9th, 2018 and commence the purchasing of equipment immediately afterwards. E x p e c t e d d e l i v e r y o f e q u i p m e n t b y J u l y 1 , 2 0 1 8 .

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

3.5 Excused Performance

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused.

3.6 Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The

University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 28.0).

A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.7 Reasonable Accommodations:

The University 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 for your site visit, contact Agent.

3.8 Appeals Process: (THIS SECTION DOES NOT APPLY TO EQUIPMENT W/O INSTALL) Any protest of the University's intent to award must be based on an alleged violation of the Wisconsin State

Statute or a provision of a Wisconsin Administrative Code.

No later than five working days after the date of intent to award notice, written notice of intent to protest must be received by:

with a copy to:

Elizabeth Frueh, Assistant Chancellor for Business & Finance University of Wisconsin-River Falls Chancellor’s Office, 410 South 3rd Street

River Falls, WI 54022

Gail Anderson, Purchasing Agent University of Wisconsin-River Falls

Purchasing Office, 410 South 3rd Street River Falls, WI 54022

The complete protest must be received by the Assistant Chancellor and the Purchasing Agent no later than ten

(10) working days after the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five (5) working days after denial by the University, with a copy of such appeal filed with the University.

3.9 Method of Bid:

It is the purpose of this Request for Bid to obtain complete data (including pricing sheet) from each bidder to enable the University to determine which bidder is best able to meet and serve all of the criteria which are to be considered in the award of this contract. To this end, each bidder shall furnish as a part of this bid a written response to all required bidder’s information.

Each response to the required information shall be numbered to coincide with the bidder’s information numbering and presented in the sequence listed below. The bidder’s information should be prepared simply and economically, providing a straightforward, concise description of that which is required. Emphasis should be on completeness and clarity of content. Statements are required to be complete and accurate. Omission, inaccuracy or misstatement may be sufficient cause for rejection of bid.

Required Information:

1. Completed request for bid form with cost sheet.

2. The duration and extent of experience in the sale of classroom response systems.

3. List a minimum of three clients of similar operations where you have provided similar services (or have within the last year).

4. Other such information as the bidder deems pertinent for consideration by the University.

The University may request supplementary information as is sufficient, in the opinion of the University, to assure the University that the bidder’s competence, business organization and financial resources are adequate to successfully perform the specified service.

3.11 Method of Award:

Award(s) shall be made on the basis of the lowest total cost from a responsive, responsible bidder. Timelines of delivery may be used in the evaluation of bid submittals. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award. If no formal contract is executed, the effective date of the contract is the date of the purchase order.

SECTION #4: BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified.

4.1 Bidder Information:

Bidder must complete the attached Vendor Information Form (Attachment C) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested.

All sections of this form must be completed.

4.2 Bidder Experience:

Bidder must be in the business of providing classroom response systems and must have done so for the past five

(5) year

4.3 Client List/References:

Bidder must supply with their bid, a client list of at least three (3) firms to which similar services have been provided during the past three (3) years to a comparable-sized institution or company (see Attachment D). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

SECTION #5: PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices:

5.1.1 Prices must remain firm for the duration of the contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.2 Contractor should promptly notify Purchasing of new or discontinued services.

5.2 Invoicing Requirements:

Invoices for Purchase Orders:

5.2.1 Contractor must agree that all invoices shall reflect the discounts and net prices established for the services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• Remit to address

• Purchase order number

• Complete service description identical to those stated in bid

• Prices per the Contract

The original invoice must either be sent to UW-River Falls Accounts Payable, 410 South 3rd Street, River Falls, WI 54022 or emailed to ap@uwrf.edu

5.3 Payment Terms

Payment will not be made until the service is determined to meet all specifications and has been accepted by the University of Wisconsin-River Falls. The University will pay the Contractor Net 30 days as accepted by the University.

5.4 Contract Termination

5.4.1 The University may terminate the Contract at any time, without cause, by providing 90 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

5.4.2 The University may cancel this contract for breach, as determined by the University, and shall provide the Contractor ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangement made to correct, the University may cancel the contract by giving sixty (60) days notice in writing by registered or certified mail or its intention to cancel this contract. Performance failure (breach) can be defined as, but not limited to, failure to comply with environmental or safety regulations and laws, insufficient insurance coverage, failure to provide required period statements, failure to enforce required standards or the quality of service as satisfactory to the University (including, but not limited to: timeliness, safety, costs and community relations). This may include any cessation or diminution of service, including, but not limited to: failure to maintain adequate personnel, whether arising from labor disputes or otherwise any substantial change in ownership or proprietorship of the Contractor which in the opinion of the University is not in its best interest, or failure to comply with the terms of this Contract.

Should the University breach any terms or provisions of this contract, the Contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract.

Unless within ten (10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangement be made for corrections, the Contractor may cancel the contract by giving sixty (60) days notice, in writing, by registered or certified mail of its intention to cancel this contract.

5.4.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

5.4.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

5.4.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving ten (10) calendar days notice in writing of such termination.

5.4.6 All notices of performance failure must be submitted in writing to UW-River Falls Purchasing, 410 South 3rd Street, River Falls, WI 54022. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.5 Insurance (NOT APPLICABLE TO THIS BID)

The Contractor shall maintain insurance levels as required in the Standard Terms & Conditions, Section

24. A certificate of insurance must be provided upon request and be provided on an annual basis throughout the term of the Contract. The Certificate must be issued by an insurance company licensed to do business in the State of Wisconsin and signed by an authorized agent.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an additional insured under the commercial general and Contractor’s liability policies. The Certificate holder shall be listed as the University of Wisconsin-River Falls.

Coverage & Minimum Limits

Coverage Minimum Limits Worker’s Compensation (WC) Required – No Exceptions Commercial General Liability $1,000,000 General Aggregate Including Product & Completed Operations $2,000,000 Automobile Liability (including hired-non-owned)

• Combined Single Limit

$1,000,000 Contractor’s Pollution Liability (with 1-yr extended reporting period)

• Each Occurrence

• Aggregate

N/A N/A

Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The Contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause including that of subcontractors and shall not penalize the University for any losses incurred related to this contract.

The Contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin-System, its officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as “claims”) occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the Contractor, its agents, employees or subcontractors.

5.6 Personnel, Employment Practices & Staffing

Personnel relations of employees on the Contractor’s payroll shall be the Contractor’s responsibility. The Contractor shall comply with all applicable government regulations related to the employment and compensation of payment of personnel.

5.7 Liability

During the course of performing the services necessary to satisfy the requirements of this bid, the Contractor is fully liable for public and private protection while work is in process or at any disposal site exposed as a potential hazard. The Contractor shall have the full responsibility for the costs of any damage or loss to its equipment or premises and equipment of the University caused by the negligence of the Contractor or its employees.

5.8 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five (5) years after the final contract payment is made.

5.9 Entire Contract

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter B. Original Request Bid # 18-GA8134, dated April 24th, 2018 including amendments/ attachments C. Bidder response to RFB.

D. Official Purchase Order

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the UW- River Falls Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder

5.10 Special conditions (Delivery and warranty)

The supplier will provide the following services related to delivery, installation, training, and warranty:

1. The vendor shall provide in the bid documentation an estimated shipping date for the classroom response system equipment.

2. The vendor shall contract for shipping and will bear the delivery costs from point of origin to the delivery location.

The vendor will notify UW-River Falls of the precise delivery date at least one week in advance of shipment.

3. The delivery location shall be to Central Receiving at University of Wisconsin River Falls, 716 Wild Rose

Avenue, River Falls WI, USA. The vendor shall include a user manual for all equipment, describing the safe operation and maintenance of the unit.

4. The vendor shall include a warranty, which must cover all defects in materials and workmanship.

5.11 Warranty

A. General Warranty: Special warranties specified in this Article will not deprive Owner of other rights Owner may have under other provisions of the Contract Documents and are in addition to, and run concurrent with, other warranties made by Contractor under requirements of the Contract Documents

ATACHMENT A -RFB# 18-GA8134 COST SHEET

Item Qty Unit Item Description

Unit Price Total

1 2000 EA Classroom Response Remote Control Units ( Basic Five-button functionality)

2 35 EA Classroom Response Base Units to record student responses from remote control units

TOTAL

ATTACHMENT B – VENDOR INFORMATION FORM

PLEASE COMPLETE AND RETURN BOTH PAGES WITH YOUR BID RESPONSE.

1. Company and Contact Information

Company Name:

Company Website

Telephone: Fax Email

Contract Renewals / Problems

Name:

Sales Representative

Ordering / Expediting

Returns

Invoice Information

Affirmative Action

Address:

City/State/Zip:

Supplier Diversity Reporting (see Section 2.9)

Address:

City/State/Zip:

VENDOR INFORMATION FORM CONT.

2. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, indicate below if you are a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:

http://www.doa.state.wi.us/section.asp?linkid=232&locid=0 or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).

Minority (MBE) Work Center (WC) Disabled Veteran-Owned Business (DVB) Woman Owned Business Enterprise (WBE) Not applicable (If no answer is indicated above, we will assume that you are none of the above when making the award.)

3. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all that apply.)

LARGE BUSINESS (LG)

SMALL BUSINESS (SB)

VETERAN OWNED SMALL BUSINESS (VOSB)

SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

SMALL DISADVANTAGED BUSINESS (SDB)

WOMAN-OWNED SMALL BUSINESS (WOSB)

CLIENT REFERENCE LIST – ATTACHMENT C

STATE OF WISCONSIN

DOA-3478 (R12/96)

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a 3rd party, the named references should also be involved in a similar arrangement.

Company Name

Address (include Zip + 4)

Contact Person Phone No.

Product(s) and/or Service(s) Used

Contact Person Phone No

This document can be made available in accessible formats to qualified individuals with disabilities.

Wisconsin Department of

Administration Chs. 16, 19, 51

DOA-3054 (R10/2005)

STANDARD TERMS & CONDITIONS - ATTACHMENT D

(Request for Bid/Proposals)

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.1 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.2 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

6.3 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the contracting agency thirty

(30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.4 In determination of award, discounts for early payment will only be considered when all other con-ditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0 PAYMENT TERMS AND INVOICING: The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed

(if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and

Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The

State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

14.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of

Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0 ANTITRUST ASSIGNMENT: The contractor and the State of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of

Wisconsin (purchaser). Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.1 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.2 Contracts estimated to be over twenty-five thousand dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees. Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.3 The contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.4 Failure to comply with the conditions of this clause may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

20.0 REPORT OF CHILD ABUSE OR NEGLECT: If in the course of providing services to University of Wisconsin

System Institutions, contractor (or its agent or employee) observes an incident of threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in University of Wisconsin System Institution’s Child Abuse & Neglect Policy.

If the suspected child abuse or neglect involves University of Wisconsin Institution, the contractor shall also report that abuse to the University of Wisconsin System Institution Office of Equity & Diversity Services.

21.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

22.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

23.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

24.1 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:

24.2 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

24.3 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations.