19-5753 RFP.docx

Proposal No. 19-5753

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

Request For Proposal

THIS IS NOT AN ORDER

OFFICIAL SEALED

NO PUBLIC OPENING

Proposal Number: 19-5753 Issued Date: 6/11/2018 Due Date: 07/02/2018 2:00 PM CDT Agent: Dave Brinkmeier

Questions regarding this proposal – see Section 2.6

For Submittal Instructions & Proposal Response Format – see Section 2.2 and 2.3

Proposal prices and terms shall be firm for sixty (60) days from the date of the proposal to the opening, unless otherwise specified in this Request for Proposal by the UW-Madison Purchasing Services.

If NO BID, check here ☐ and return.

REUSABLE TO-GO CONTAINER PROGRAM

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:

Signature:

Type or Print Name:

Title:

Email address:

Contents

1. General Information

1.1. 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 Dining & Culinary Services Department within the Division of Housing, hereinafter referred to as “Department”, requests proposals for a Reusable To-Go Container Program.

Scope The Dining & Culinary Services Department within the Division of Housing at the University of Wisconsin is requesting proposals for a sustainable and reusable solution for to-go containers.

This program will need to be in place by August 15, 2018.

Background Dining and Culinary Services provides students, faculty, staff, and visitors food on an item-priced basis and catering services for University programs and special events.

Approximately $28 million in revenue and $9.3 million in total food purchases.

Housing Dining and Culinary Services is comprised of:

• 5 Marketplace Dining Rooms – Carson’s Market, Four Lakes Market, Gordon Avenue Market, Liz’s Market and Rheta’s Market

• 3 Convenience Stores – branded Flamingo Run; located within Four Lakes Market, Gordon Avenue Market and Rheta’s Market

• 3 Coffee Houses – branded Bean & Creamery; located within Four Lakes Market, Gordon Avenue Market and Rheta’s Market

• 1 Deli - Newell’s Deli

• Catering Operation

• 2 Central Production Units

• Cook/Chill Operation

The Housing Dining facilities are located in six buildings throughout campus. Residents may dine at any location, regardless of where they live. Faculty, staff, and other guests are also welcome to dine in any of the facilities. The dining facilities operate like a restaurant with a la carte pricing for a wide selection of food. During the academic year, Housing Dining serves an average of 14,380 meals per day.

See Requirements and Specifications (Section 4) and/or Cost Proposal Form (Attachment B) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Cost Proposal Form are for proposal purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate proposals when deemed in the best interest of the University.

All University of Wisconsin-Madison departments must be eligible to purchase from this contract.

1.2. Organization of this Solicitation Document:

This document is divided into five (5) main sections. The sections also refer to “Attachments” when such organization assists in making this document more fluid. The five (5) main sections are:

1.3. Definitions:

The following definitions are used throughout this document:

Agent means UW Madison Purchasing Agent responsible for this Request for Proposal. Full contact information can be found in Section 2.6.

Contractor means successful proposer awarded a contract.

Department means the UW-Madison Dining & Culinary Services Department within the Division of Housing.

DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

Proposer means a firm submitting a Proposal in response to this Request for Proposal.

Purchasing card means State credit card.

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.

1.4. 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. Refer to Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

1.4.1. Registration for a bidders list for commodities/services that the vendor wants to sell to the state.

1.4.2. Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or Request for Proposal (RFP) with an estimated value over $50,000.00 in their designated commodity/service area(s).

1.4.3. Receive an e-mail notification of addendums/amendments relative to the RFB or RFP.

1.4.4. Only vendors registered, with a valid e-mail address, at the time of 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.

1.5. Parking:

University parking is very limited. Each Contractor and/or employee(s) shall make their own arrangements for parking through UW Transportation Services (website: http://transportation.wisc.edu/parking/parking.aspx). No additional 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.

1.6. 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.

2. Preparing and Submitting a Proposal

2.1. Applicable Dates:

2.2. Submittal Instructions:

PROPOSALS MUST BE DELIVERED TO:

Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218.

NUMBER OF COPIES TO BE SUBMITTED:

Four (4) hard copies of the completed proposals, including the signed original, may be mailed, delivered by Proposer, or by a third-party/courier service in a sealed envelope or package with the RFP number on the outside. Proposal must be received and date/time stamped prior to 2:00 p.m. CDT on the stated proposal due date. Proposals not so date/time stamped shall be considered late. Late proposals 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.

Proposals 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.

If faxing or emailing, the University will accept completed proposals e-mailed to bids@bussvc.wisc.edu or faxed to (608) 262-4467, provided they are date/time stamped prior to 2:00 p.m. CDT on the stated bid due date .

Submitting a proposal to any other e-mail address than bids@bussvc.wisc.edu does not constitute receipt of a valid proposal by Purchasing Services. Proof of transmission doesn't 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. CDT on the stated due date.

RETURN ADDRESS LABEL:

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

OFFICIAL SEALED PROPOSAL

NUMBER: 19-5753

SHIP FROM:

VENDOR NAME HERE:

ADDRESS:

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

2.3. Proposal Response Format:

Proposals should be typed and submitted on 8.5 by 11 inch paper and bound securely. The response should be organized and presented in the following order. Each section should be separated by tabs or otherwise clearly marked. The contents within each tab should reference the section or attachment number assigned in the RFP. Failure to submit as indicated may disqualify your proposal.

Tab 1:

· Request for Proposal form signed by an authorized representative of proposing company, Cover Page

· Vendor Information Form, Attachment A

· Client Reference List, Attachment D

2.4. Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.

2.5 Oral Presentations, Product Demonstrations and Proposer Location Site Visits (Pre Award):

The University at its sole discretion, may require oral presentations, product demonstrations and/or proposer location site visits to validate information submitted with the proposals. Failure of a proposer to conduct a presentation on the date scheduled or allow an on-site/proposer site visit may result in rejection of the proposal. These events cannot be used as an opportunity to alter proposals submitted.

2.6. 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 proposal number. Proposers are encouraged to e-mail written questions to the Agent. Verbal questions when permitted must be directed to the Agent.

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omissions or other deficiency in this RFP, they have five (5) business days after the RFP 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 RFP document.

ADMINISTRATIVE:

Dave Brinkmeier

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: david.brinkmeier@wisc.edu

PHONE (608)262-1323– FAX 608/262-4467

If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the Proposer, or which must have reasonably been known to the Proposer, then the Proposer shall submit a response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or 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 RFP, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

Any contact with University employees concerning this RFP are prohibited, except as authorized RFP manager during the period from date of release of the RFP until the intent to award is released. Contacting anyone other than the Designated Contacts(s) above may disqualify your RFP.

2.7. Multiple Proposals:

Proposers who wish to submit more than one proposal may do so, provided that each proposal stands alone and independently complies with the instructions, conditions and specifications of the request. If multiple responses are submitted, the University reserves the right to select the most advantageous proposal to the University.

2.8. Proprietary Information:

Any information contained in the Proposer’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. Terms and Conditions of Contract

3.1. Entire Contract:

A contract will be awarded based on the criteria established in this Request for Proposal, including attachments and any amendments issued. The RFP, the proposal 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 for Proposal Number 19-5753 dated June 11, 2018, including amendments/attachments C. Proposer response to RFP D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Proposer with the proposal 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 RFP 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 proposal 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.

A Word copy of this exceptions document must be submitted with your electronic proposal response.

Submitting a standard Proposer 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 proposal.

The University reserves the right to negotiate contractual terms and conditions or reject the Proposer‘s response and proceed to the next qualified proposer.

3.2. Contract Administrator:

Any correspondence must include reference to Contract number 19-5753 and be sent to the Contract Administrator. The Contractor Administrator is authorized to give the approvals required under this contract on behalf of the University.

A. University The Contract Administrator for the University is:

Dave Brinkmeier

University of Wisconsin-Madison

Purchasing Services

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: david.brinkmeier@wisc.edu

Phone: (608) 262-1323 Fax: (608) 262-4467

B. Day-to-day operations for the University will be handled by:

Angie Erickson University of Wisconsin-Madison

Dining and Culinary Services 770 W. Dayton St.

Madison, WI 53715 E-mail: angela.erickson@housing.wisc.edu Phone: (608) 262-9619

3.3. Term of Contract:

It is the intent of the University to start the resulting Contract upon successful negotiations. The contract shall be effective on the contract execution date and shall run for three years from that date, with an option to renew for two additional one-year periods.

This contract shall automatically be extended into its fourth and fifth years unless the Contract Administrator is notified in writing by the Contractor; or the Contractor is notified by the Contractor Administrator in writing 90 calendar days prior to expiration of the initial and/or succeeding contract term(s).

3.4 Contract Termination:

3.4.1 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.

3.4.2 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 5 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. Performance failure can be defined but not limited to: failure to provide any of the Terms, Conditions or Specifications.

3.4.3 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.

3.4.4 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.

3.4.5 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 10 calendar days’ notice in writing of such termination.

3.4.6 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.

3.5 Orders:

Under this contract, Specific order(s) or Contract blanket order(s) may be issued to the Contractor(s).

3.5.1 Specific order(s): issued as one-time orders

3.5.2 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.

3.6 Firm Prices:

Prices remain firm for one year from the date of the signed contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

Prices increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing 30 calendar days prior to the effective date or proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part. Acceptance of the price increases shall be in the form of an amendment to the contract.

Price increases must be labeled with the contract number and be submitted in the same format as the original Proposal. Any price increase requested that is not submitted in the proper format may be rejected.

Contractor should promptly notify Purchasing of new or discontinued items.

3.7 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 Contract Net 30 days as accepted by the University.

3.8 Invoicing Requirements:

Invoices for Purchase Orders:

Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts established for the items 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 by University Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices 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 proposal

· 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.

3.9 F.O.B.: Destination, All deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Contractor.

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 various locations. Proposal 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 Cost Proposal form. This additional cost will be added to the proposal total and will serve as the basis for determining the award.

Indicate on the Cost Proposal Form the Country of Origin and Shipping Point.

3.10 On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Proposers cost must include all transportation charges.

3.11 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.

3.12 Campus Delivery Requirements:

3.12.1 Delivery of orders shall be made to the University departments five days per week, Monday through Friday, during normal University business hours.

3.12.2 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.

3.12.3 This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 3.12.2 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.

3.13 Acceptance and Testing (Post Award):

Acceptance testing will occur within 5 days after the item/service has been installed. Acceptance testing will be performed by the University by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have 7 days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

Angie Erickson, or her designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

3.14 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.

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 liability policies." The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

3.15 Activity Reports:

Contractor must be able to report on annual 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 proposal

· Prices per the Contract

3.16 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.

3.17 Performance Meetings:

The Account Representative and/or Proposer 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.

3.18 Subcontracting:

3.18.1 Any Contract resulting from this proposal 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 for.

3.18.2 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.

3.18.3 Subcontractors must abide by all terms and conditions under this Contract.

3.19 Fair Price Analysis:

Purchases made under this contract may require further fair price analysis. The awarded Proposer will be required to provide documentation (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis.

3.20 Severability:

If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

3.21 Supplier Diversity:

3.21.1 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.aspx select the MBE box and click search.

3.21.2 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.

3.21.3 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.

3.22 Discriminatory Boycotts of 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.

3.23 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/browsefar.

3.24 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.

3.25 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.

3.26 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.

4 Requirements and Specifications Requirements that include the word “must” or “shall” describe a mandatory requirement. Failure to meet a mandatory requirement may disqualify your proposal.

-OR-

Proposer must: 1) indicate agreement on each mandatory requirement and, if requested, describe how the specifications will be met and/or provide additional information, 2) complete any required form(s) and 3) provide a complete and detailed response to any non-mandatory requirement that can be fulfilled. If supplemental materials will be provided, clearly mark all supplements with the corresponding section number.

4.1 Containers (300 Points):

Provide information on the containers available through your program.

4.1.1 Sizes and options available

4.1.2 Material used

4.1.3 Microwave safe?

4.1.4 Dishwasher safe?

4.1.5 BPA free?

4.1.6 NSF certified?

4.1.7 What is the life expectancy of the containers? (How many washes before they need to be replaced?)

4.1.8 Lead time to order containers? (Initial Order and any additional orders)

4.1.9 Customization options? (Color, logo, etc.)

4.2 Dispensing Containers (200 points):

How would the containers be dispensed to customers?

If using equipment or a machine:

4.2.1 Describe how this program works.

4.2.2 What is included in the costs of the machine?

4.2.3 Is there a rental program for the machine? If so, please describe.

4.2.4 Is there a program to own the machine? If so, please describe.

4.2.5 Who provides the maintenance on the machine?

4.2.6 Are there bags or containers or other replacement items that must be purchased if using a machine?

4.2.7 Are there customization options for the machine?

4.3 Collecting Containers (200 points):

How would the containers be returned to the dining facility?

If using equipment or a machine:

4.3.1 Describe how this program works.

4.3.2 What is included in the costs of the machine?

4.3.3 Is there a rental program for the machine? If so, please describe.

4.3.4 Is there a program to own the machine? If so, please describe.

4.3.5 Who provides the maintenance on the machine?

4.3.6 Are there bags or containers or other replacement items that must be purchased if using a machine?

4.3.7 Are there customization options for the machine?

4.4 Usage and Reports (100 points):

How does the program track the usage of containers?

Could we know how many containers are held by students, how many are dirty and how many are clean?

4.5 Costs (200 points):

Provide a breakdown of all costs associated with your program. Include the cost for all container options (initial purchase and replacement purchases). The initial purchase will be approximately 15,000 containers.

5. Evaluation and Award of Contract(s)

5.1. Proposal Scoring:

Proposals meeting mandatory requirements will be reviewed by an evaluation committee and scored against the stated criteria. If no proposer is able to comply with a given specification or mandatory requirement, Purchasing reserves the right to delete that specification or mandatory requirement. In the event that all proposers do not meet one or more of the mandatory requirements, Purchasing reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP. The committee may, at its sole discretion, review references, request oral presentations, and conduct an on-site visit and use the results in scoring the proposals. Proposals from certified Minority Business Enterprises or Disabled Veteran-Owned businesses may have points weighted by a factor 1.05 to provide a five percent (5%) preference to these businesses (Wis. Stats. 16.75(3m)). The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores calculated.

5.2. Scoring Criteria and Method:

For each response required of the Proposer in Section 4, the points provided in parentheses represents the total possible points available for each response. The responses will be evaluated based on the relative merits to the needs of the University (rather than relative to competing Proposer’s responses). The proposals will be scored independently by each committee member and the resulting scores will be averaged to determine the highest scoring proposal.

5.2.1 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 proposal when that qualified proposal is not more than 5% higher than the apparent low proposal 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.

5.2.2 Pricing

5.2.2.1 The lowest priced proposal will receive 100% of the allotted cost points. All other proposals will be scored using the formula as follows:

Lowest Proposed Cost (constant)

Other Proposer’s Cost (varies according to proposal being scored) Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This result will always be less than one. The result is then multiplied by the number of points given to the cost section of the RFP.

5.2.2.2 For all other non-pricing related responses, points will be awarded relative to the needs of the State of Wisconsin, as solely determined by the evaluation committee members.

5.2.3 Points

Evaluation and selection of a proposal will be based on the assignment of points by the evaluation committee, which is then combined with the Cost Proposal points for a final score. (See Point Matrix below.)

Only proposals that have received 500 points or greater on Sections 4.1 through 4.4 will have the Cost Proposals scored. A proposal that receives less than 500 points on Sections 4.1 through 4.4 will be ineligible for further consideration.

5.3. Best and Final Offers:

At the sole discretion of the University, those proposer(s) most likely to be awarded a contract may be requested to submit a Best and Final Offer in order to further clarify the deliverables, contract language, or costs presented in the Proposer’s RFP. If Best and Final Offers are requested, they will be evaluated against the stated criteria. There is no obligation on the part of the University to request Best and Final Offers from any or all of the Proposers responding to the RFP.

5.4. Contract Award:

The Contract will be awarded to the highest scoring Proposer providing contract negotiations are successful.

5.5. Notification of Award:

All proposers who respond to this RFP will be notified in writing of the University’s award contract(s) as a result of this RFP. After notification by Purchasing of the intent to award, file copies of proposals will be available for public inspection. Proposers must schedule document inspection with the Contract Administrator responsible for managing this RFP.

Attachment A – 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:

Email:

Contract Renewals/Problems

Name:

Telephone:

Fax:

Email:

Sales Representative

Name:

Telephone:

Fax:

Email:

Ordering/Expediting

Name:

Telephone:

Fax:

Email:

Returns

Name:

Telephone:

Fax:

Email:

Invoice Information

Name:

Telephone:

Fax:

Email:

Affirmative Action (see Section 17 in Standard Terms and Conditions)

Name:

Address:

City/State/Zip:

Telephone:

Fax:

Email:

Supplier Diversity Reporting (see Section 3.21)

Name:

Address:

City/State/Zip:

Telephone:

Fax:

Email:

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).

(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 Underutilized 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.

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).

6. Eligible Purchasers:

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities.

A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to award public contracts.

YES NO

Do you agree to extending the contract to other:

Attachment B – Cost Proposal Form

Cost which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFP.

List pricing for containers, include any options (colors, logos, etc.), list pricing for any equipment (purchase, monthly rental, etc.) and any replacement items (bags, tokens, cards, etc.).

Country of Origin

Shipping Point

Attachment C – Client Reference List Bidder Name:

The Bidder must provide a minimum of three (3) business references.

1. Reference Name:

Contact:

Address:

Phone #.

Email Address:

Fax/Internet Address:

Description and date(s) of commodities and services provided:

2. Reference Name:

Contact:

Address:

Phone #.

Email Address:

Fax/Internet Address:

Description and date(s) of commodities and services provided:

3. Reference Name:

Contact:

Address:

Phone #.

Email 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…