20-0091 RFP.docx

Proposal No. 20-0091

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

University of Wisconsin – Madison Request For Proposal

THIS IS NOT AN ORDER

OFFICIAL SEALED

Proposal Number: 20-0091

NO PUBLIC OPENING

Issued Date: 05/13/2020

Due Date: 06/13/2020 2:00 PM CDT Agent: JEFF WHITMAN

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.

MAGNETO-TRANSPORT MEASUREMENT SYSTEM

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:

Table of 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 Materials Science & Engineering, hereinafter referred to as “Department” or “MSE”, requests bids for the purchase of a MAGNETO-TRANSPORT MEASUREMENT SYSTEM.

Scope Requesting an integrated system for measuring electrical resistivity of materials at variable temperature and magnetic field.

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.

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 and MSE both mean UW Madison’s Materials Science & Engineering.

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:

Date

Event

2.2. Submittal Instructions:

ONLY EMAILED PROPOSAL RESPONSES WILL BE ACCEPTED.

All completed proposals must be e-mailed to bids@bussvc.wisc.edu, with the RFP number and vendor name in the subject line. Proposals must be received and date/time stamped prior to 2:00 p.m. CDT on the stated bid due date.

RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

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 of signature pages must be a scanned copy of the document with ACTUAL signatures and initials (not typed or electronic signatures) and should be received prior to 2:00 p.m. CDT on the stated due date.

Contact Purchasing Services Agent listed in Section 2.6 with questions or for assistance.

The Maximum file size that can be accepted is 25MB.

2.3. Proposal Response Format:

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 C Tab 2: Responses to specifications in Section 4. – Requirements and Specifications (Sections 4.1 – 4.2) Tab 3: Cost Proposal, Attachment B Tab 4: Other

RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

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 should 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:

Jeff Whitman

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: jeff.whitman@wisc.edu

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 notice of 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. Official Purchase Order B. Original Request for Proposal Number 20-0091 dated, 05/13/2020 including amendments/attachments C. Proposer response to RFP 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.

3.2. 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.

3.3. 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 Materials Science & Engineering. 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.

For University Imports: See Section 3.4 Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in proposal price or discount may disqualify your proposal.

3.4. University Imports:

Definitions:

Custom Charges/Fees: typically includes, but is not limited to, United States duties, if applicable; port of entry documentation fees; custom clearance fees; applicable tax; etc.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

Proposals must include costs from proposer’s door to port of destination and local delivery charges. Custom Charges/Fees should not be included in the proposal price. The University will be responsible for determining Custom Charges/Fees from a University designated customs broker and adding the cost to the proposal price. If these charges are identified in your proposal, they will be deducted from your total proposal price and the University’s estimate added instead. This adjusted total cost will serve as the basis for award.

The University will be responsible for arranging the payment of all United States Custom Charges/Fees, if applicable. The awarded Contractor must use the University's contracted customs broker, as identified on the purchase order. Customs charges will not be paid to the awarded Proposer or anyone other than the University’s designated customs broker under any circumstances, unless previously agreed to in writing by the University.

3.5. 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.

3.6. Campus Delivery Requirements:

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

3.6.2. 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.

3.6.3. This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 3.13.2 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.

3.7. Acceptance and Test (Post Award):

Acceptance testing will occur within 30 days after the item/service has been delivered. 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 30 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.

Jason Kawasaki, or his designee, is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

3.8. 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 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.

3.9. Subcontracting:

3.9.1. 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.

3.9.2. 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.

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

3.10. 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.

3.11. 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.

3.12. 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.

3.13. Supplier Diversity:

3.13.1. 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.

3.13.2. 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.

3.13.3. 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.

3.14. 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 compliant with this provision. This provision applies to all contracts of all values.

3.15. 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: https://www.sam.gov/SAM/ and https://acquisition.gov/browsefar.

3.16. 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 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.

The Proposers response to this Section must clearly demonstrate the capacity to handle the needs stated in this RFP in addition to the Proposers current workload. The University reserves the right to request supplementary information deemed pertinent to assure Proposers competence, business organization, and financial resources are adequate to successfully perform.

4.1. Required Specifications:

Integrated system for measuring electrical resistivity of materials at variable temperature and magnetic field meeting the following:

Meet Specifications

4.2. Requested Options:

The following option is requested for the system.

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:

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.

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.

Pricing

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

Other Proposer’s Cost (Varies according to proposal being scored)

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 notice of 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: ALL 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 3.13) 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).

____ 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.)

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

MAGNETO-TRANSPORT MEASUREMENT SYSTEM

2.

Manufacturer

3.

Model No.:

4.

Maintenance after Expiration of Warranty

Attachment C: 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. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System, state agencies, or other state public institutions. The University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

Attachment D: Standard Terms and Conditions

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

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. 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.

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

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

5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

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

5.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

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

6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

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

8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University. No other purchase orders are authorized.

9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

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

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

13.0 APPLICABLE LAW AND COMPLIANCE: This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University.

16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 21 N Park St, Suite 6101, Madison, WI 53715 1218.

17.2 Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than fifty (50) employees. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

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

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

17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

17.6 Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract, subcontract or grant because of military or veteran status, gender identity or expression, marital or familial status, genetic information or political affiliation.

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

19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards.

20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy to UW Safety Department, 30 East Campus Mall, Madison WI 53715-2609.

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