20-5008 RFP.docx

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ENTERPRISE ACCESS CONTROL SOLUTION(UW-MAD)[20-5008]
Solicitation number
20-5008
Issued by
Dane County, Madison City, Wisconsin

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Summary

This is a Request for Proposal (RFP) issued by the University of Wisconsin-Madison Purchasing Services on behalf of the UW-Madison Police Department, Division of Information Technology, and Facilities Planning and Management for an enterprise access control system. The University seeks proposals for an on-site hosted access control solution, implementation services, and ongoing maintenance, support, training, and licensing for approximately 5,000 existing access points across 150 buildings, with the potential to consolidate disparate systems currently in use. The proposal submission deadline is April 13, 2020, at 2:00 PM CDT, with written questions due March 16, 2020. A pre-proposal site visit may be required the week of March 30, 2020, at the UW-Madison Police Department. Product demonstrations and oral presentations are anticipated for the week of June 1, 2020, with intent to award notification expected June 22, 2020. The contract term is three years from execution with options to renew for three additional three-year periods. Proposal prices must remain firm for 60 days from submission and one year following contract execution.

The RFP is structured on a total point system of 2,500 points: 2,100 points for technical components covering qualifications, application functionality, infrastructure, user capabilities, hardware, identity and access management, video integration, integration capabilities, and implementation planning; and 400 points for cost proposals evaluating pricing over ten years. The University currently operates Schneider Electric's Andover Continuum Access Control System on the main campus and two separate instances for Select Agent Labs and University Ridge Golf Course, with approximately 4,700 of the 5,000 access points on this platform. Proposers must meet all mandatory requirements including on-site hosting, 24/7 support, multifactor authentication capability, compliance with federal security regulations for Select Agent and radiological areas, and integration with existing authentication methods. The evaluation committee will score proposals independently and award to the highest scoring proposer, with potential supplier diversity preferences available to certified Minority Business Enterprises or Disabled Veteran-Owned Businesses within five percent of the apparent low proposal. The expected project start date is approximately July 1, 2020, with full system implementation targeted for January 31, 2022.

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Proposal No. 20-5008

UNIVERSITY OF WISCONSIN

MADISON, WISCONSIN 53715-1218

University of Wisconsin – Madison Request For Proposal

THIS IS NOT AN ORDER

OFFICIAL SEALED

Proposal Number: 20-5008

NO PUBLIC OPENING

Issued Date: 03/03/2020

Due Date: 04/13/2020 2:00 PM CDT Agent: Brad Bauman

Questions regarding this proposal – see Section 2.7

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.

Enterprise Access Control Solution

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:

Proposer Street Address:

Proposer City, State & Zip:
Date:

Signature:

Type or Print Name:

Title:

Telephone Number: ( )
Fax Number: ( )

Email address:

Fein Number :
DUNS #:

Table of Contents

1.General Information5
1.1.Purpose:5
1.2.Scope:5
1.3.Organization of this Solicitation Document:6
1.4.Definitions:6
1.5.VendorNet Registration:7
1.6.Parking:7
1.7.Reasonable Accommodations:8
1.8.Digital Accessibility Statement:8
2.Preparing and Submitting a Proposal9
2.1.Applicable Dates:9
2.2.Submittal Instructions:9
2.3.Proposal Response Format:10
2.4.Incurring Costs:10
2.5.Pre-proposal Site visit (if deemed necessary by the University):10
2.6.Product Demonstrations, Oral Presentations, Sandboxes, and University Site Visits (Pre Award):10
2.7.Clarifications and/or Revisions through Designated Contact:11
2.8.Multiple Proposals:11
2.9.Proprietary Information:11
2.10.Appeals Process:11
3.Terms and Conditions of Contract13
3.1.Entire Contract:13
3.2.Contract Administrator:13
3.3.Term of Contract:14
3.4.Contract Termination:14
3.5.Orders:14
3.6.Firm Prices:14
3.7.Payment Terms:15
3.8.Invoicing Requirements:15
3.9.F.O.B.: All deliveries shall be F.O.B Destination and Installed. Delivery and risk of loss shall be borne by the Contractor:15
3.10.On Site Service:16
3.11.Requirements for Criminal Background Checks:16
3.12.Travel Per Diems:16
3.13.Campus Delivery Requirements:16
3.14.Insurance:17
3.15.Activity Reports:17
3.16.Record and Audit:17
3.17.Performance Meetings:17
3.18.Subcontracting:17
3.19.Fair Price Analysis:18
3.20.Severability:18
3.21.Environmentally Friendly (“Green”) Product:18
3.22.Supplier Diversity:18
3.23.Discriminatory Boycotts of Israel:19
3.24.Debarment:19
3.25.Electronic Commerce/Online Ordering:19
3.26.Promotional Materials/Endorsements:19
3.27.Additional Items/Services:19
4.Requirements and Specifications20
4.1.Purchased Services – USA Requirement (Mandatory):20
4.2.Proposal Requirements (Mandatory):20
4.3.Technical Components (2100 Points total):21
4.4.Cost Proposal (400 Points total):28
5.Evaluation and Award of Contract(s)30
5.1.Proposal Scoring:30
5.2.Scoring Criteria and Method:30
5.3.Best and Final Offers:31
5.4.Contract Award:31
5.5.Notification of Award:31
Attachment A: Vendor Information Form32
Attachment B: Equipment Listing34
Attachment C: Cost Proposal Form35
Attachment D: Client Reference List37
Attachment E: Standard Terms and Conditions38
Attachment F: On-Prem Software Rider44
Attachment G: Personal Services Rider (IT)50
Attachment H: UW-Madison Data Security Terms and Conditions53

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 UW Madison Police Department, hereinafter referred to as “UWPD”; the Division of Information Technology, hereinafter referred to as “DoIT”; and Facilities, Planning and Management, hereinafter referred to as “FP&M”, requests bids for the purchase of an on-site hosted Enterprise Access Control System, an integrator to perform the initial implementation of the access control system, and ongoing system software maintenance, support, training and licensing and system hardware support.

1.2. Scope:

The University of Wisconsin-Madison is soliciting proposals for an on-site (University) hosted enterprise access control system with an ability to support continued growth in size and complexity, an integrator to perform the initial implementation of the access control system, and ongoing system software maintenance, support, training, and licensing and system hardware support. Within the scope of this project is the implementation of the enterprise access control system to the existing access points at the time of implementation including bringing disparate access control systems under this enterprise access control system, with the potential exception of the high security federally regulated areas such as Select Agent labs.

The access control system shall meet all cybersecurity requirements as defined by the University, and shall meet all requirements for federally regulated high security research areas as defined in the requirements below.

The access control system, hardware, software, and integrator must meet all mandatory requirements listed in this document. Any proposals submitted not satisfactorily meeting all mandatory requirements as determined by UWPD, DoIT, and/or FP&M will not be considered. All work installations completed by the integrator is subject to inspection by UWPD, DoIT, or FP&M, respective to their area. Installations must meet the specifications of Division 26, 27, and 28 of the State of Wisconsin Department of Administration Master Specifications and the University of Wisconsin Technical Guidelines, specifically Division 26, 27 and 28 as outlined in section 4.3.1, and must meet fire code applicable codes in IFC Chapter 10, NFPA 70, 80, & 101. If the University determines the installation is not in compliance, then the University may require the work be re-done to meet all requirements at the integrator’s expense.

The integrator shall identify all subcontractors to be used and receive approval from Purchasing to use the specific subcontractors. The integrator is directly responsible for all subcontractors’ performance and work quality related to the scope of this project.

The University is currently using Schneider Electric’s Andover Continuum Access Control System for the main campus, and a second separate instance of Andover Continuum for Select Agent Labs. These two systems have been in place for approximately 15 years. In addition, a third instance of Andover Continuum is used as a standalone system at the University Ridge Golf Course, which will become part of the central system. The system uses Wiegand communications between the reader and the controller. In addition, three other separate systems are in use which will need to be replaced and incorporated into the central access control system. There are approximately 5,000 access points between the systems with approximately 4,700 of those points on the Andover Continuum Access Control System. The primary Andover Continuum Access Control System has approximately 425 building controllers. Some level of electronic access control is used in approximately 150 buildings. In addition, several areas use Schlage NDE/LE standalone wireless locks programmed by smartphone or use AD400 standalone or wireless locks to the Andover Continuum system with security modifications to work on that system. In addition, Princeton Identity Iris Scanners are being added to the Select Agent access control system.

Two areas out of scope but on our current system are UW Health University Hospital at 600 Highland Avenue and American Family Children’s Hospital at 1675 Highland Avenue. These areas are covered by UW Health, which is a separate entity from the University, and uses its own access control system. The University’s current access points at these locations will be converted to UW Health’s system. These two locations account for approximately 500 access points on the University’s system.

In addition to the above-described project, the University would like to explore two options. The first is to add electronic access control to the exterior of those buildings without electronic access control, and to complete the exterior electronic access control on those buildings with partial electronic access control. There are 25 additional buildings with some level of electronic access control in use with approximately 333 exterior access points to be covered. There are approximately 40 buildings currently not using any electronic access control with approximately 316 exterior access points to be covered. The second option the University would like to explore is the use of mobile credentials on the system. These two options will be covered as separate options from the main project and may or may not be acted upon by the University.

1.3. 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:

Section 1General Information (generally states the intent of the solicitation and submittal instructions).
Section 2Preparing and Submitting a Proposal.
Section 3Terms and Conditions of Contract (contains performance clauses that will become part of any awarded contract).
Section 4Requirements and Specifications (technical and other specifications for the proposal).
Section 5Evaluation and Award of Contract(s) (contains details of the evaluation process).

1.4. Definitions:

The following definitions are used throughout this document:

Access Door means any physical opening into or within a building that utilizes a card/credential reader and/or electronic locking hardware tied into the Campus Card Access System (CCAS).

Administrator mean a person with elevated permissions to configure and to control all or specific functions or areas of the system, including the ability to create users and assign permissions and roles to the users.

Agent means UW Madison Purchasing Agent responsible for this Request for Proposal. Full contact information can be found in Section 2.7.

Alert means an alarm sent via audible and/or visual means to a workstation monitoring the access control system. It may be for a system issue or access events set to alarm in certain conditions.

Cardholder means University of Wisconsin-Madison student, staff, faculty, affiliate, contractor, or other authorized person with the need to access university space controlled by the Campus Card Access System (CCAS) and is issued a credential/badge. This person does not have the ability to make any changes in the access control system.

CCAS means Campus Card Access System – this refers to the enterprise system that controls access to areas on campus. This may include wireless locks if they are connected to the enterprise access control system.

DoIT means UW-Madison Division of Information Technology.

Contractor means successful proposer awarded a contract.

Department means UW Madison ordering entity (DoIT, FPM, etc.).

DVB means Disabled Veteran-Owned Business.

FP&M means UW-Madison Division of Facilities Planning and Management.

Integrator means the entity that collaborates with the software vendor to implement and provide on-going support of the solution.

MBE means Minority Business Enterprise.

Notifications means alerts or other designated events that trigger communication to selected administrators and/or users via email, text message, or other reasonable communications.

Proposer means a firm submitting a response to this solicitation request.

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.

RFP means Request for Proposal.
State means State of Wisconsin.

Solution means the total proposed software application, hardware product(s), and implementation.

University and UW both mean University of Wisconsin-Madison.

UW System means any entities governed by the University of Wisconsin Board of Regents.

User means an authorized person with direct access and training on the enterprise access control system application. The user has the ability to grant and remove access, adjust schedules, or modify programs based on roles and permissions assigned to the user.

UWPD means University of Wisconsin Madison Police Department.

Web Client means any web-based version of the enterprise access control system not requiring a “thick client” or specific software install on a dedicated workstation.

WBE means Woman-Owned Business Enterprise.

1.5. 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:

1.5.1. Register for a bidders list for commodities/services that the vendor wants to sell to the state.

1.5.2. 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).

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

1.5.4. 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.

1.6. 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.

1.7. Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.

1.8. Digital Accessibility Statement:

The University of Wisconsin-Madison is committed to ensuring that our digital environment is accessible and free from barriers for all members of the campus community. For digital products or services, Contractor shall comply with the Americans with Disabilities Act (ADA) by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, screen readers, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines, version 2.1, at conformance level AA (“WCAG 2.0, AA”).

2. Preparing and Submitting a Proposal

2.1. Applicable Dates:

Date

Event

03/03/2020
Date of Issue of the RFP
03/16/2020
Written questions due from Proposers
03/20/2020
Answers to Questions Sent to Proposers (Estimated)
(Tentative) Week of 03/30/2020
Pre-proposal Site Visit (required, if deemed necessary by the University)
04/13/2020 – 2:00 PM CDT
RFP Due Date (Local Madison Time)
(Tentative) Week of 06/01/2020
Demonstrations and Oral Presentations
06/22/2020
Intent to Award notification (estimated)

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:

Two (2) identical hard copies and one (1) identical electronic copy of the completed technical proposals, including the hand-signed (no digital signatures) original, may be mailed, delivered by Proposer, or by a third-party/courier service in a sealed package with the RFP number on the outside. See Section 4.4 for instructions on submitting your cost proposal. Proposals must be received and date/time stamped prior to 2:00 p.m. CT 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 PROPOSAL 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 office hours of 7:00 AM and 4:00 PM prior to the due date and time.

If e-mailing, the University will accept completed proposals e-mailed to bids@bussvc.wisc.edu, provided they are date/time stamped prior to 2:00 p.m. CT 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 include a copy of the document with scanned ACTUAL signatures and initials (not typed or electronic signatures).

FAXED RESPONSES WILL NOT BE ACCEPTED.

VENDOR NOTE: FOR THE PURPOSE OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU LISTED ON THE REQUEST FOR PROPOSAL FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed 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: 20-5008

DUE DATE: 04/13/2020
TIME: 2:00 PM CDT

SHIP FROM:

VENDOR NAME HERE:

ADDRESS:

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

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 Tab 2: Responses to specifications in Section 4 – Requirements and Specifications (Sections 4.1 – 4.4) Tab 3: Cost Proposal, Attachment C Tab 4: Other/Supporting documentation

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. Pre-proposal Site visit (if deemed necessary by the University):

A site visit may be required at the discretion of the University. Tentative dates for the site visit, if necessary, will be the week of March 30, 2020 at UW-Madison Police Department, 1429 Monroe Street, Madison, WI 53711.

Any changes to the proposal as a result of the site visit shall be issued in the form of an Amendment which will be sent to all recipients of the initial RFP. If you think you need accommodations, contact the contract administer.

2.6. Product Demonstrations, Oral Presentations, Sandboxes, and University Site Visits (Pre Award):

The University, at its sole discretion, may require product demonstrations, oral presentations, sandboxes, and/or site visits to UW of the top scoring technically qualified proposal(s), to validate information submitted with the proposals. Failure of a Proposer to conduct a product demonstration or presentation on the date scheduled, participate in a UW site visit, and /or provide a sandbox may result in rejection of the proposal. These events cannot be used as an opportunity to alter proposals submitted.

2.7. Clarifications and/or Revisions through Designated Contact:

All communications and/or questions regarding 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:

Brad Bauman

Facilities, Planning & Management

1217 University Avenue

Madison, WI 53706

E-mail: brad.bauman@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 intent to award is released. Contacting anyone other than the Designated Contacts(s) above may disqualify your RFP.

2.8. 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.

2.9. 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

2.10. Appeals Process:

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code.

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

The Office of the Chancellor

The University of Wisconsin-Madison

500 Lincoln Drive

Madison, Wisconsin 53715-1218

With a copy to:

Director of Purchasing Services

University of Wisconsin-Madison

21 N Park St, Suite 6101

Madison, Wisconsin 53715-1218

The complete protest must be received by the Chancellor and the Director of Purchasing Services no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

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

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 20-5008 dated, 03/03/2020 including amendments/attachments C. Proposer response to RFP D. Statement of work where applicable E. 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.

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 20-5008 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:

Lyman Fuson

University of Wisconsin-Madison

Purchasing Services

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: lyman.fuson@wisc.edu

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 (3) years from that date, with an option to renew for three (3) additional three-year periods.

This contract shall automatically be extended into its consecutive terms unless the Contract Administrator is notified in writing by the Contractor with 180 days’ notice; or the Contractor is notified by the Contractor Administrator in writing 30 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 7 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 30 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 as failure to meet any of the Terms, Conditions or Specifications of this contract.

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), Contract blanket order(s), or Purchasing Card orders (defined below) 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.

3.5.3. Purchasing Card order(s): issued as one-time order(s).

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 90 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.

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:

The University will pay the Contractor based upon a payment plan accepted by the University in accordance with mutually agreed upon negotiated milestones and achievements.

3.8. Invoicing Requirements:

Invoices for Purchase Orders:

3.8.1. 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.

Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 3.8.1 and should be sent to the address given at the time of the order is placed.

Any fees charged for use of the University’s purchasing card program are not allowed.

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

Items are to be installed at various campus locations, F.O.B. DESTINATION INSTALLED. Proposal prices must include all packing, freight, insurance, set-up, instruction and operation manual charges, excluding any import/export costs. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified.

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. Requirements for Criminal Background Checks:

Background Checks This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

In addition, workers performing duties in Select Agent Lab areas and/or Radiological areas must receive clearances and training through the University to work in either type of area. The Proposer shall identify and have a minimum of four staff (Proposer or approved subcontractor) who will be assigned to do implementation work in areas of Select Agent labs complete and receive clearance and training for work in Select Agent areas through the University process. A similar process must be completed for work in radiological areas. This must be completed in advance of starting any work in those areas. In addition, workers performing duties inside UWPD spaces must pass a CJIS (Criminal Justice Information Services) background check.

3.12. Travel Per Diems:

All of the Contractor’s and subcontractor’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 unless otherwise negotiated in advance with the University.

3.13. Campus Delivery Requirements:

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

3.13.2. 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.

3.13.3. 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.

3.14. 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 and provided on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general 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.

Additional insurance requirements for this proposal are as follows:

· General Commercial Liability up to $5 Million per occurrence / $5 Million Aggregate.

· Cyber Insurance up to $5 Million per occurrence / $5 Million Aggregate.

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.

3.18.4. The University reserves the right to approve or reject subcontractors and/or employees and ask that any specific person be removed at the sole discretion of the University.

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. 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.

3.22. Supplier Diversity:

3.22.1. 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.

3.22.2. 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.

3.22.3. 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.

3.23. 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.

3.24. 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 proposal. Information on debarment is available at the following websites: https://www.sam.gov/SAM/ and https://acquisition.gov/browsefar.

3.25. 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.

3.26. 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.

3.27. 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.

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.

Only proposals submitted by Proposers that meet all mandatory specifications will be considered for evaluation.

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

4.1. Purchased Services – USA Requirement (Mandatory):

The State of Wisconsin requires purchased contractual services to be performed in the United States. Some exceptions apply, including procurements subject to the conditions of the World Trade Organization Government Procurement Agreement (WTOGPA) and those listed in (Wis. Stats. 16.705 (1r). Subject to these exceptions, Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform required services in the United States shall be grounds for disqualifying your proposal for this contract.

4.2. Proposal Requirements (Mandatory):

Please describe how the Proposer will meet each of the following requirements:

1. All University of…

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