2-2025025 HVAC Filters Terms and Conditions.pdf

Waukesha County Bid #2025025 June 3, 2025

WAUKESHA COUNTY GENERAL TERMS AND CONDITIONS

FOR HVAC FILTERS

GENERAL: It is the intent of this specification to describe the minimum requirements for HVAC Filters for Waukesha County. All items, details of construction, services or features not specifically mentioned which are regularly furnished in order to provide the services described herein shall be furnished at the bid price and shall conform in strength, quality, and workmanship to that usually provided by the practice indicated in the Invitation to Bid.

ELIGIBILITY: Organizations Transacting Business in Wisconsin: Chapters 178, 179, 180, 181, and 183 of the Wisconsin Statutes contain a general provision that the following shall not transact business in this state until it has obtained a certificate of authority or registration from the Department of Financial Institutions:

A foreign (out-of-state) corporation, Nonstock Corporation, limited partnership, limited liability Company, cooperative association, or limited liability partnership.

Therefore, in order to be eligible for award, Firms meeting the above criteria must be registered to do business in the State of Wisconsin with the Department of Financial Institutions (https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/ForeignEntities.aspx) within ten (10) business days after award but no later than prior to contract execution. Note: For assistance, please contact the State of Wisconsin Department of Financial Institutions directly. Waukesha County cannot provide any advice, legal or otherwise, related to this matter.

REQUEST FOR CLARIFICATION OR CHANGE: Bidders are reminded to carefully examine the bid and specifications upon receipt. Bidders should make a request for interpretation or correction of any ambiguity, inconsistency, or error.

Additionally, if in your opinion, any of the terms and conditions of this bid or specification causes your firm to be noncompliant with the specifications and prevent you from bidding, consideration will be given to a bidder's request for change.

Any requests for changes, clarifications, etc., MUST be submitted in writing to the Waukesha County Purchasing Division, to the attention of the Buyer whose name appears on the Pricing Document, at least five working days prior to the bid opening. Requests received after that time will not be considered.

Any changes made as a result of a written request will be issued via a bid amendment to all prospective bidders and, if necessary, an extension will be made to the bid opening date. Amendments will be posted to the Waukesha County Bonfire website (https://waukeshacounty.bonfirehub.com/). Bidders are responsible for checking this website for any future amendments, etc., prior to the opening date. If an amendment is issued, it must be acknowledged on the signature page by placing the amendment number(s) in the box located above the signature area. Bidders who do not acknowledge the amendments may have their bids rejected.

Bidders are cautioned not to change any of the terms or conditions in the bid and/or any of the specification requirements without the written approval of the Purchasing Division. Any unauthorized changes will constitute a counteroffer and will subject the bid to rejection.

BID RESPONSE: Your bid response must be submitted electronically using Waukesha County’s Bonfire website and following the directions contained therein. Submissions by other methods will not be accepted. Browser cookies must be enabled. Respondents should contact Bonfire at https://dfi.wi.gov/Pages/BusinessServices/BusinessEntities/ForeignEntities.aspx

June 3, 2025

Support@GoBonfire.com for technical questions related to submissions or visit Bonfire’s help forum at https://bonfirehub.zendesk.com/hc. Vendors will have the ability to modify their submissions up to the Submission Deadline in Bonfire. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1,000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. Supported browsers include Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox (JavaScript must be enabled).

Fax or email responses are not considered electronic responses and will not be accepted.

AWARD AUTHORITY: The Waukesha County Purchasing Division will be the sole judge of the quality and suitability of the equipment, materials and/or services offered in its determination of the successful bidder. Award will be made in the aggregate to the lowest responsible, responsive bidder who complies with the specifications and can meet the delivery requirements. Note: Award will NOT be made to firms that check “Does Not Comply” for any of the requirements. Please see the “Request for Change” paragraph above if you are unable to comply with the specifications.

BID MODIFICATIONS: The Purchasing Division has the sole authority for the modification of this specification and/or bid. Information provided verbally by any County official shall not be considered binding or relevant.

STATE SALES TAX/FEDERAL EXCISE TAX: Bids should not include Federal Excise and Wisconsin State Taxes, as the County is exempt from payment of such taxes. Wis. Stat. § 77.54(9a).

BID OPENING: Waukesha County conducts Bid/RFP openings telephonically instead of in-person. If you desire to attend the telephonic opening for this RFP, please use the following dial-in access code to join in on the opening. We ask that participants mute their phones except for when they need to speak during the opening. Waukesha County complies with the Americans with Disabilities Act. Please contact us at (262) 548- 7888 in advance of the proposal opening and efforts will be made to accommodate your needs.

Dial-In Numbers:

262-896-8001 Participant Access Code: 2176082

BRAND NAMES: If articles have been identified in the bid by a Brand Name and model number, such reference is intended to be descriptive but not restrictive. It is for the sole purpose of indicating to the prospective bidders a description of articles that will be satisfactory. Current item numbers are listed in the description on the bid table. Other items of equal quality may be considered. Samples and/or demonstrations may be required.

Unless the bidder clearly indicates in his bid that he is offering a different article, his bid shall be considered as an offering of the brand name article.

NON-APPROPRIATION CLAUSE: Continuation of this agreement beyond 12/31 of any year is contingent upon appropriation of funds by the proper County Officials.

PRICING/TERM: Vendors are to provide a price per each but also note the case size in the area provided on the bid table. Minimum order quantities are not allowed. Pricing must be firm for the first year of the three-year contract (October 1, 2025, thru September 30, 2028). This agreement may be extended by mutual consent for two additional one-year periods with escalation/de-escalation allowable for each one-year extension as follows:

https://bonfirehub.zendesk.com/hc

For the 2nd year and each contract year thereafter, including any extensions exercised, pricing may increase/decrease in accordance with Energy commodities in Midwest urban, all urban consumers, not seasonally adjusted, Increase/Decreases will be based on the “Change from Year Ago” from the first week of August of the prior year to the first week of August of the current year.

NOTE: Contractor is responsible for submitting price requests including supporting documentation, a minimum of 30 days prior to the beginning of each one-year period. Approval of price increases is at the sole discretion of the County. If increases are not approved or not approved in the amount requested, Contractor may discontinue the agreement upon a 30-day notice.

ORDER PLACEMENT/PAYMENT: Purchase Orders will be issued as a result of this bid for material to be delivered on an as-needed basis. The vendor’s obligation to deliver on such purchase orders shall not take effect until a blanket purchase order is issued by Purchasing. The department may order filters using a P-Card for payment, invoice must be sent to each department confirming receipt of order. Successful vendors are cautioned not to deliver any materials unless they have received the actual blanket purchase order.

ORDERING DEPARTMENTS: Although the DPW Facilities Management Department will place the bulk of the orders, there are other departments that will place smaller orders as well, Reference Exhibit A, Park locations.

CANCELLATION: Waukesha County reserves the right to cancel this contract upon thirty days written notice if vendor deviates from the requirements of this bid/specification.

REJECTION: The County reserves the right to reject any items that do not conform to the Invitation to Bid and/or the specifications. All return freight charges associated with the rejected materials shall be borne by the vendor.

GENERAL REQUIREMENTS: Bidders must be able to provide delivery within 3 days of request. The County reserves the right to inspect bidder’s facility prior to award. There may be no minimum quantity order requirements.

PAYMENT: Waukesha County’s preference is to pay for goods/services on a P-Card. Indicate in the pricing document whether you will accept VISA for payment purposes. If so, all pricing must be inclusive of any and all fees associated with the acceptance of VISA; i.e., vendors are not to add notations such as “+3% service fee.”

In addition, vendor should note how many days after receipt and acceptance of goods/services or receipt of invoice (whichever is later), payment must be processed to accept the credit card. Please keep in mind that we will not process payment until/unless compliance with the requirements/receipt of goods are confirmed and that Waukesha County requires a minimum of two (2) days to process p-card payments.

If you are unable to accept credit card, payment will be made within thirty (30) days after acceptance of goods/services and receipt of a properly documented invoice. Note: Invoice must be sent to the location specified on the purchase order to avoid delays in payment. Vendors who wish to quote a discount for early payment against a purchase order may do so (reference the payment terms of the Pricing Document). For example: 1%/10 days. Discounts will be taken into consideration when evaluating costs.

“PIGGYBACK” PROVISION: This commodity has been selected to be made available for use by other units of local government in Southeastern Wisconsin, within a 50-mile radius of Milwaukee. These subdivisions include cities, towns, villages, school and special districts that are members of V.A.L.U.E. in Local Government. A current list of members is available at www.value4gov.org (select FAQ).

http://www.value4gov.org/

Indicate on the Pricing Document in the area provided if the prices offered on this proposal will be extended to the above-mentioned governmental units. If the prices, terms, or conditions are not the same, include a statement completely detailing the changes.

Any resulting contract is solely between supplier and third-party unit of government. Billings for items purchased under this agreement shall be directed to the governmental agency purchasing these items.

Waukesha County shall not be responsible for any problems, which may arise between other units of government and the contractor as a result of any sales and/or purchases made. Your response to this request will not affect the award.

END OF DOCUMENT