19-5062 RFB.docx
DOCX document 270 KB Posted
- Attached to
- Football Equipment (UW-MAD) [19-5062]
- Solicitation number
- 19-5062
- Issued by
- Dane County, Madison City, Wisconsin
About this file
This is a Request for Bid (RFB) document issued by the University of Wisconsin-Madison Purchasing Services on behalf of the Department of Intercollegiate Athletics for the procurement of football equipment. The solicitation requests bids for Riddell football equipment, including helmets, pads, and related football equipment items. The RFB was issued on July 16, 2018, with written questions due by July 23, 2018, and bids due by July 30, 2018, at 2:00 p.m. CDT. The contract term runs from October 1, 2018, through September 30, 2019, with automatic renewal for four additional one-year terms unless written notice is provided 90 days prior to expiration. The estimated annual value is $125,000. No bidders' conferences or site visits were specified as mandatory, though the University reserves the right to request oral presentations, product demonstrations, or vendor site visits at its discretion to validate submitted information.
Bidders must submit percentage discounts from the manufacturer's current price list, with all bids submitted on an F.O.B. Destination basis including all packing, freight, insurance, and delivery charges. Award will be made to the bidder offering the highest percentage discount for each manufacturer identified. The University qualifies for governmental and educational discounts, which must be reflected in unit pricing. Bidders must have five years of experience providing football equipment and must be original manufacturers, authorized distributors, or dealers authorized by the manufacturer. The RFB encourages use of Wisconsin-certified Minority Business Enterprises (MBEs), Woman-Owned Businesses (WBEs), and Disabled Veteran-Owned Businesses (DVBs), with goals of awarding at least 5% to MBEs and 1% to DVBs where applicable. Bidders must maintain commercial general liability insurance of at least $1,000,000 and provide certificates of insurance upon award. Payment terms are Net 30 days following acceptance of goods and services.
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Bid No: 19-5062
UNIVERSITY OF WISCONSIN
MADISON, WISCONSIN 53715-1218
Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the UW-Madison Purchasing Services.
Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible.
The bid abstract will be on file and is open to public inspection only after award determination has been made.
If NO BID (check here) ☐ and return.
FOOTBALL EQUIPMENT
In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.
By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.
The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
Company Name:
Company Street Address:
Company City, State & Zip: Date:
Signature:
Type or Print Name:
Title:
Telephone Number: ( ) Fax Number: ( ) Email address:
Fein Number : DUNS #:
Contents
| 1. | Submittal Instructions | 4 |
| 1.1. | Bid Response Requirements: | 5 |
| 2. | General Information | 6 |
| 2.1. | Purpose: | 6 |
| 2.2. | Scope: | 6 |
| 2.3. | Definitions: | 6 |
| 2.4. | VendorNet Registration: | 6 |
| 2.5. | Orders: | 7 |
| 2.6. | Electronic Commerce/Online Ordering: | 7 |
| 2.7. | Campus Delivery Requirements: | 7 |
| 2.8. | Parking: | 8 |
| 2.9. | Promotional Materials/Endorsement: | 8 |
| 2.10. | Energy Star: | 8 |
| 2.11. | Supplier Diversity: | 8 |
| 2.12. | Discriminatory Boycotts in Israel: | 9 |
| 3. | RFB Process Instructions | 10 |
| 3.1. | Clarifications and/or Revisions through Designated Contact: | 10 |
| 3.2. | Applicable Dates: | 10 |
| 3.3. | Term of Contract: | 11 |
| 3.4. | Oral Presentations, Product Demonstrations and Site Visits (Pre Award): | 11 |
| 3.5. | Proprietary Information: | 11 |
| 3.6. | Reasonable Accommodations: | 11 |
| 3.7. | Method of Bid: | 11 |
| 3.8. | Method of Award: | 12 |
| 3.9. | Samples and Evaluation: | 12 |
| 4. Bidder Qualifications | 13 | |
| 4.1. | Bidder Information: | 13 |
| 4.2. | Bidder Experience: | 13 |
| 4.3. | Authorization: | 13 |
| 4.4. | Client List/References: | 13 |
| 4.5. | Fair Price Analysis: | 13 |
| 4.6. | Trademark: | 13 |
| 4.7. | Debarment: | 13 |
| 5. | Performance and Contract Requirements | 15 |
| 5.1. | Firm Discounts: | 15 |
| 5.2. | F.O.B. Destination: | 15 |
| 5.3. | Timeliness of Delivery: | 16 |
| 5.4. | Item Return Policy: | 16 |
| 5.5. | Additional Items/Services: | 16 |
| 5.6. | Invoicing Requirements: | 16 |
| 5.7. | Payment Terms: | 17 |
| 5.8. | Shipping, Duplicates, and Over shipments: | 17 |
| 5.9. | Training: | 18 |
| 5.10. | Insurance: | 18 |
| 5.11. | Performance Meetings: | 18 |
| 5.12. | Subcontracting: | 18 |
| 5.13. | Activity Reports: | 18 |
| 5.14. | Contract Termination: | 19 |
| 5.15. | Record and Audit: | 19 |
| 5.16. | Entire Contract: | 20 |
| 5.17. | Random Sampling: | 20 |
| 5.18. | Travel Per Diems: | 21 |
| 6. Specifications | 22 | |
| 6.1. | Bid Response: | 22 |
| 6.2. | Warranty: | 22 |
| 6.3. | Environmentally Friendly (“Green”) Product: | 22 |
| Attachment A: Bidder Response Sheet | 23 | |
| Attachment B: Specifications | 26 | |
| Attachment C: Itemized Bid List | 27 | |
| Attachment D: Vendor Information Form | 28 | |
| Attachment E: Client Reference List | 30 | |
| Attachment F: Standard Terms and Conditions | 31 |
1. Submittal Instructions
BIDS MUST BE DELIVERED TO:
Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.
NUMBER OF COPIES TO BE SUBMITTED:
One (1) hard copy of the completed bids, including the signed original, may be mailed, delivered by Bidder, or by a third-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. CT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.
RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES
If hand delivering to Purchasing Services, please come to 6th Floor Reception Desk in Suite 6101 and call 608-262-1526 for assistance.
Bids may be dropped off at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, between the hours of 7:00 AM and 4:00 PM prior to the due date and time.
FAXED AND EMAILED RESPONSES WILL BE ACCEPTED.
If faxing and emailing, the University will accept completed bids e-mailed to bids@bussvc.wisc.edu and faxed to (608) 262-4467, provided they are date/time stamped prior to 2:00 p.m. CT on the stated bid due date.
Submitting a bid to any other e-mail address than mailto:bids@bussvc.wisc.edu does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission does not constitute proof of receipt. E-mail submissions must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures), or those pages that require signatures and/or initials must be signed and returned via fax (608-262-4467) and should be received prior to 2:00 p.m. CT on the stated due date.
VENDOR NOTE:
For the purpose of the return address label, if the address is the same as you listed on the REQUEST FOR BID FORM – you do not need to fill out the Return Address Label.
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: 19-5062
| DUE DATE: 7/30/2018 |
| TIME: 2:00 PM CDT |
SHIP FROM:
VENDOR NAME HERE:
ADDRESS:
SHIP TO:
UNIVERSITY OF WISCONSIN-MADISON
PURCHASING SERVICES
21 N PARK ST, SUITE 6101
MADISON, WI 53715-1218
1.1. Bid Response Requirements:
In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.
| 1. | Request for Bid Form (signed) |
| 2. | Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A) |
| 3. | Specifications, descriptive brochure and detail for the item(s) bid (Section 6) (Attachment B) |
| 4. | Itemized Bid List (Attachment C) |
| 5. | Vendor Information Sheet (Attachment D) |
| 6. | Client Reference List (Attachment E) |
2. General Information
2.1. Purpose:
The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, on behalf of the Department of Intercollegiate Athletics, hereinafter referred to as “Athletics”, requests bids for the purchase of Football Equipment.
2.2. Scope:
See Specifications Section 6 and Attachment B or Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount.
2.3. Definitions:
The following definitions are used throughout this document:
Agent means UW Madison 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.
Department means UW-Madison Department of Intercollegiate Athletics,.
MBE means Minority Business Enterprise.
DVB means Disabled Veteran-Owned Business.
Purchasing means the Purchasing Services Department in the Division of Business Services responsible for the procurement of goods and services on UW-Madison campus, located at 21 N. Park St., Madison, WI 53715 RFB means Request for Bid.
State means State of Wisconsin.
University and UW both mean University of Wisconsin-Madison.
WBE means Woman-Owned Business Enterprise.
2.4. VendorNet Registration:
Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that want to sell to the state. Registration allows a vendor to:
2.4.1 Register for a bidders list for commodities/services that the vendor wants to sell to the state.
2.4.2 eceive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).
2.4.3 Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.
Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website; or other means assume responsibility for checking for updates to the RFB or RFP.
2.5. Orders:
Under this contract, Specific order(s), Contract Blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.)
| 2.5.1. Specific Order(s): | issued as one-time orders. |
| 2.5.2. Contract Blanket order(s): | issued for a specified period of time, to allow departmental personnel to issue releases against the Contract Blanket order(s) as needed. |
| 2.5.3. Purchasing Card order(s): | issued as one-time order(s). |
2.6. Electronic Commerce/Online Ordering:
Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.
2.7. Campus Delivery Requirements:
Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.
The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.
This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 2.5.2 above. Any unique delivery arrangements must be pre-approved by contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4432. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for the Contractor.
2.8. Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room #120, Madison, WI 53726 (608) 263-6667. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.
2.9. Promotional Materials/Endorsement:
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.
2.10. 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.
2.11. Supplier Diversity:
2.11.1 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-Madison 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 may be requested to provide information about its purchases from Wisconsin certified MBEs.
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. To view all MBE firms, go to https://wisdp.wi.gov/search.aspxhttps://wisdp.wi.gov/search.aspx select the MBE box and click search.
2.11.2 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 Administration 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.
2.11.3 Disabled Veteran Owned Business (DVB)
The State of Wisconsin policy provides that Disabled Veteran-Owned Business Enterprises certified by the Wisconsin Department of Administration 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, with a goal of awarding at least 1% of the contract price to such enterprises.
The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified DVBs.
A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, State Supplier Diversity Program, 608/267-9550. To view all DVB firms, go to https://wisdp.wi.gov/search.aspx, select the DVB box, and click search.
2.12. Discriminatory Boycotts in Israel:
Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not complaint with this provision. This provision applies to all contracts of all values.
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 should 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 the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.
ADMINISTRATIVE:
Sarah Martin
UW Purchasing
21 N Park St, Suite 6101
Madison, WI 53715-1218
E-mail: sarah.martin@wisc.edu
PHONE (608)265-0443 – FAX 608/262-4467
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, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.
Any contact with University employees concerning this RFB are prohibited, except as authorized by the RFB manager during the period from date of release of the RFB until the notice of award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your RFB.
3.2. Applicable Dates:
07/16/2018
Date of Issue of the RFB
7/23/2018
Written questions due
7/30/2018 – 2:00 PM CDT
RFB Due Date (Local Madison Time)
3.3. Term of Contract:
The initial term of this contract shall be October 1, 2018, or date of award, through September 30, 2019, or one (1) year after date of award. This contract will be automatically renewed for four (4) additional one-year terms, unless Purchasing is notified, in writing, by the Contractors; or notifies the Contractor, in writing, 90 days prior to expiration of the initial and/or succeeding Contract term(s).
3.4. Oral Presentations, Product Demonstrations and Site Visits (Pre Award):
The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the bids. Failure of a bidder to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.
3.5. 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 27.0). 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
3.6. 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.
3.7. Method of Bid:
Bidder must submit a bid in the form of a percent discount from the most current price list identified on the Itemized Bid List for each manufacturer. Bidder must identify current price list by title and date on the Itemized Bid List if the University has not identified it above.
3.7.1 For Non-Listed, Related Items: Bidder shall submit on the Itemized Bid List a discount from current manufacturer's published price list. Bidder must identify by title and date which price list is being used. Discounts bid must be rounded to whole numbers, (e.g., 54% or 48%, NOT 54.2% or 48.1%) from the price list. Failure to provide the rounded discount as requested may result in rejection of your bid for non-specified, related items.
If there is more than one price list, each price list and the related discounts should be identified. If the price list(s) has more than one price column, Bidder must identify from which price column discounts are taken.
3.8. Method of Award:
Award(s) shall be made on the basis of the highest percentage discount(s) bid for each manufacturer identified on the Itemized Bid List. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.
Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m) (b)2,3, 16.75(3m) (c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.
| 3.9. | Samples and Evaluation: |
| 3.9.1 | Bidder may be requested to submit a no-charge, non-returnable sample(s) upon request after bids are opened for bid evaluation purposes or verification of item/service bid. |
| 3.9.2 | Non-returnable samples should be clearly labeled as "sample" and should be identified with the bidder's name, bid number, due date and bid item number. |
| 3.9.3 | Samples requested shall be delivered to the designated location no later than the date and time specified by the University. |
| 3.9.4 | Failure to deliver samples within time designated may disqualify your bid. |
| 3.9.5 | All samples provided by the Bidder(s) shall be evaluated by the University in an identical manner to determine whether the items/services conform to bid specifications. |
| 3.9.6 | Samples provided by the bidder and NOT meeting bid specifications shall be rejected and the bid submitted may be disqualified if the Bidder cannot provide a sample meeting specifications. |
| 3.9.7 | The Bidder may be notified in writing by the University to pick up samples, at the bidders’ expense, within seven (7) working days of date of such notification. Any samples not picked up in the designated time period may be disposed of as the University sees fit. |
4. Bidder Qualifications
4.1. Bidder Information:
Bidder must complete the attached Vendor Information Form (Attachment D) 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, company or its principals, must be in the business of providing Football Equipment to include helmets, pads and other equipment related to football and must have done so for the past five (5) years.
4.3. Authorization:
Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer.
4.4. Client List/References:
Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). 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.
4.5. Fair Price Analysis:
Purchase made under this contract may require further fair price analysis. Bidders must identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.
4.6. Trademark:
Bidder must be able to be a UW-Madison Licensee for items bearing trademarks, logos or other symbols of the University in which the University has a proprietary, licensed or copyright interest.
4.7. Debarment:
Federal Executive Order (E.O.) 12549 “Debarment “requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document, you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.
5. Performance and Contract Requirements
| 5.1. | Firm Discounts: | |
| 5.1.1 | Specific Items Listed on Itemized Bid List: | |
| 5.1.1.1 | Prices for the items listed on this contract shall be based on a firm discount from the price list identified on the Itemized Bid List. The percentage must remain firm during the initial and each succeeding contract term; or may be renegotiated by the University and the Contractor. | |
| 5.1.1.2 | One (1) paper copy and one (1) CD/DVD/Flash Drive copy of the price list in searchable Excel, Word or PDF format should accompany your bid response. Referencing your website for pricing information is not sufficient. After award, Contractor must provide additional copies to Purchasing and University departments upon request. | |
| 5.1.1.3 | Should prices change during the contract term, it is the responsibility of the Contractor to submit a letter, referencing the contract number, and/or one (1) paper copy and/or one (1) CD/DVD/Flash Drive copy of the price list in searchable Excel, Word or PDF format of the new price list or revised portions, to Purchasing, 30 days prior to any price increases becoming effective. Proposed price increases are limited to fully documented costs increases submitted with the request. Invoices shall be audited using the most current price list on file in Purchasing on the date the order was placed. An acceptance of the price list change will be in the form of an amendment to the contract or a letter to the Contractor. | |
| 5.1.1.4 | Price lists should be labeled with the contract number and lot(s) if applicable, to which they apply. | |
| 5.1.2 | Non-Listed, Related Items: | |
| 5.1.2.1 | The University requests that all non-listed, related items available from the manufacturer be made available at a single percentage discount from the manufacturer's catalog or price list identified by the bidder on the Itemized Bid List. | |
| 5.1.2.2 | Percentage discount(s) for non-listed, related items must remain firm during the initial and each succeeding Contract term; or may be renegotiated by the University and the Contractor. |
5.2. F.O.B. Destination:
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at 1440 Monroe St, Madison, WI 53711. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.
If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. This additional cost will be added to the bid total and will serve as the basis for determining the award.
Indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.
Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.
5.3. Timeliness of Delivery:
Delivery is desired as soon as possible after receipt of an order. State on the Bidder Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.
The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 24 hours of receipt of order or release against an existing order(s).
Once awarded, failure to meet this delivery date may result in cancellation of order (award). The University reserves the right to contract with a second vendor/contractor to receive items/services per delivery request.
5.4. Item Return Policy:
Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.
5.5. Additional Items/Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.
5.6. Invoicing Requirements:
5.6.1 Invoices for Purchase Orders:
Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card 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
· release number if given
· date of order/release
· item manufacturer’s name or abbreviation (if applicable)
· complete item description including catalog, model and/or stock number(s) identical to those stated in bid
· prices per the Contract
At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.
The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI 53715-1218 unless the customer identifies and establishes a different bill-to location.
5.6.2 Purchasing Card:
Order confirmation shall contain the same detail as listed in Section 5.6.1 and should be sent to the address given at the time of the order is placed.
Any fees charged for use of the University’s purchasing card program are not allowed.
5.7. Payment Terms:
Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days as accepted by the University.
5.8. Shipping, Duplicates, and Over shipments:
Upon notification by the University of a duplicated order or over shipment, the items identified must be removed at the Contractor's expense. If the duplicated or over shipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.
5.9. Training:
If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.
5.10. Insurance:
The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.
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, automobile and Contractor's liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.
5.11. Performance Meetings:
The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.
5.12. Subcontracting:
5.12.1. Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.
5.12.2. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.
5.12.3. Subcontractors must abide by all terms and conditions under this Contract.
5.12.4. If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.
5.13. Activity Reports:
Contractor should be able to report on a quarterly basis all items/services purchased against this contract during the designated report period, including but not limited to:
| • | Date of order/release |
| • | Item manufacturer’s name or abbreviation (if applicable) |
| • | Complete item description including catalog, model and/or stock number(s) identical to those stated in bid |
| • | Prices per the Contract |
5.14. Contract Termination:
| 5.14.1 | The University may terminate the Contract at any time, without cause, by providing 30 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. |
| 5.14.2 | Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 7 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. |
| 5.14.3 | 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. |
| 5.14.4 | 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. |
| 5.14.5 | 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 10 calendar days notice, in writing, of such termination. |
| 5.14.6 | All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department. |
5.15. 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 years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.
5.16. 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 Number 19-5062, dated 7/16/2018 including |
amendments/attachments
| C. | Bidder response to RFB. |
| D. | Official Purchase Order (when applicable) |
Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; 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 University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed.
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.
5.17. Random Sampling:
Upon delivery and before payment of the final invoice, up to 1% of the final product may be pulled from the Contractor's delivery truck and inspected to assure the University that the specifications have been met in all respects. Failure to meet any specification will mean rejection of the entire order at no cost to the University. No changes in the specifications will be permitted without written authorization from Purchasing Services.
5.18. Travel Per Diems:
All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose.
6. Specifications
SPECIFICATIONS OF ITEMS/SERVICES TO BE PROVIDED:
See Specifications (Section 6 and Attachment B) for the minimum acceptable specifications for items/services desired.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
6.1. Bid Response:
Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. Adequate detailed specifications of the items/services being offered or bid must be included with your bid. The bidder may offer alternate items/services believed to be an equal. Any alternate items/services bid must be clearly identified by manufacturer, catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items/services offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.
6.2. Warranty:
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid.
6.3. Environmentally Friendly (“Green”) Product:
Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.
Attachment A: Bidder Response Sheet NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.
SUBMITTAL INSTRUCTIONS
| Yes |
| No |
Have you included one (1) complete set of your bid? (Only one (1) copy required if faxing or e-mailing)
| ☐ |
| ☐ |
| 1.1. |
| Have you completed and returned all forms required? |
| ☐ |
| ☐ |
| 2.6. |
| Do you have the capability of putting the University’s specific pricing on a WEB site that is accessible to University Purchasers through a unique logon ID? |
| ☐ |
| ☐ |
If yes, does your Website provide a means of on-line ordering with our specific pricing being applied automatically?
| ☐ |
| ☐ |
If yes, does your Order System accept Purchasing Cards for payment?
| ☐ |
| ☐ |
If yes, does your Order System provide a self-service means for the customer to track their order via Internet?
| ☐ |
| ☐ |
| 2.10. |
| Which of your items meet the Energy Star requirements? |
| 2.12. |
| Do you certify that neither your organization nor your principals are presently engaged in a boycott in the State of Israel? |
| ☐ |
| ☐ |
Do you certify that neither your organization nor your principals will, during the term of the contract, engage in a boycott in the State of Israel?
| ☐ |
| ☐ |
| 3.9. |
| Will you meet all the requirements for samples and evaluation? |
| ☐ |
| ☐ |
| 4.2. |
| Are you in a business providing Football Equipment to include helmets, pads and other equipment related to football items/services and has your company or its principals done so for the past five (5) years? |
| ☐ |
| ☐ |
| 4.3. |
| Are you an original manufacturer, authorized distributor, or dealer authorized by manufacturer? |
| ☐ |
| ☐ |
| 4.4. |
| Have you provided a client list? (See Attachment E) |
| ☐ |
| ☐ |
| 4.5. |
| What type of documentation (i.e. published price list, list of previous buyers, etc.) will you provide to assist the University in its fair price analysis? |
| 4.6. |
| Are you a licensee for items bearing trademarks, logos or other symbols of the University? |
| ☐ |
| ☐ |
If not, and if necessary, will you become a licensee upon award
| ☐ |
| ☐ |
| 4.7. |
| Do you certify that neither your organization nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency? |
| ☐ |
| ☐ |
| 5.2. |
| Are you bidding all prices F.O.B. Destination, delivery charges and risk of loss borne by the Contractor? (Be sure to read Section 5.2 carefully) |
| ☐ |
| ☐ |
Country of Origin
Shipping Point
| 5.3. |
| State delivery time ______ days After Receipt of Order (ARO). |
| 5.8. |
| Do you agree to the terms regarding duplicates and overshipments? |
| ☐ |
| ☐ |
| 5.9. |
| Will you provide instructions on set-up and operations as required? |
| ☐ |
| ☐ |
| 5.10. |
| Will you provide insurance certificate(s) indicating coverage and agree to maintain coverage as required in 5.9 and have you added the following language to the insurance certificate? |
“The Board of Regents of the University of Wisconsin System, its officers, employees and agents” are added as an ‘additional insured’ under the commercial general, automobile and Contractor's liability policies on any insurance certificate provided.
| ☐ |
| ☐ |
| 5.12. |
| Do you agree to subcontracting terms and conditions |
| ☐ |
| ☐ |
| 6.1. |
| Are you bidding items as specified on the Itemized Bid List? |
If “No”, include information on alternates as required in Section 6.1 with your bid response.
| ☐ |
| ☐ |
| 6.2. |
| Will you honor manufacturer standard warranty? |
| ☐ |
| ☐ |
If YES, have you enclosed standard warranty documents?
Warranty Term: _________________________
| ☐ |
| ☐ |
| 6.3. |
| Have you identified products that are made of recycled products that use environmentally friendly production methods, or that can be recycled at the end of their service life? |
| ☐ |
| ☐ |
Attachment B: Specifications
Meet Specifications
| Item |
| Description |
| Yes |
| No |
| 1 |
| Riddell Football Equipment |
Attachment C: Itemized Bid List Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.
| Item |
| Manufacturer |
| FOB Destination Door Delivery Discount |
| 1. |
| Riddell Football Equipment |
| 2. |
| Delivery ARO |
| 3. |
| Most Current Price List |
| 4. |
| Estimated Annual Value |
$125,000.00
All non-listed, related items from manufacturer's catalog or product list are available at ____% discount. The current manufacturer’s catalog/price list is titled ______________________ and is dated _______ and/or numbered ____________. (Attach additional pages as needed to identify all catalog and price lists and identify on the Itemized Bid List the discounts for each of the catalogs or price lists offered.) If more than one price column exists on the price list, Bidder must identify which column will be used as the "list price" from which the discount would be applied.
Attachment D: Vendor Information Form VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE.
1. Company and Contact Information
Company Name:
Company Website
Contact for questions regarding this Bid Name:
Telephone:
Fax
Contract Renewals / Problems Name:
Telephone:
Fax
Sales Representative Name:
Telephone:
Fax
Ordering / Expediting Name:
Telephone:
Fax
Returns Name:
Telephone:
Fax
Invoice Information Name:
Telephone:
Fax
Affirmative Action (see Section 17 in Standard Terms and Conditions)
Name:
Address:
City/State/Zip:
Telephone:
Fax
Supplier Diversity Reporting (see Section 2.11) Name:
Address:
City/State/Zip:
Telephone:
Fax
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:
https://wisdp.wi.gov/Home.aspx 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) |
4. AMERICAN MADE: Wisconsin Statutes 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. “Substantially equal” means when bids are tied or proposal scores are equal. Indicate whether the material covered in your bid/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
5. RECYCLED PRODUCTS/PACKAGING/DISPOSAL TECHNIQUES: The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK (or similar), Vermiculite or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).
Attachment E: Client Reference List
Bidder Name:
The Bidder must provide a minimum of three (3) business references.
1. Reference Name: Contact:
Address:
Phone #: ( ) E-mail address:
Fax/Internet address:
Description and date(s) of commodities and services provided:
2. Reference Name: Contact:
Address:
Phone #: ( ) E-mail address:
Fax/Internet address:
Description and date(s) of commodities and services provided:
3. Reference Name: Contact:
Address:
Phone #: ( ) E-mail address:
Fax/Internet address:
Description and date(s) of commodities and services provided:
References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s response.
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