20-5535 RFB.docx

Request for Bid

THIS IS NOT AN ORDER

Agent: Todd Pooler Questions regarding this bid – see Section 3.1.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 20-5535 Issued Date: June 24, 2019 Due Date: July 12, 2019 If NO BID ☐ and return.

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

Unless otherwise noted, public openings will be on the date and time specified.

Commercial Circuit Network Connections For the period 9/15/19 through 9/14/22 and may be automatically renewed for Three (3) additional one-year terms.

The current contract may be viewed at http://www.bussvc.wisc.edu/purch/contract.

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the UW-Madison Purchasing Services bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

Contents

1. Submittal Instructions

BIDS MUST BE DELIVERED TO:

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

NUMBER OF COPIES TO BE SUBMITTED:

One (1) hard copy of the completed bids, including the signed original, must be mailed, delivered by Bidder, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside. One (1) Flash Drive copy of the bid must also be submitted. Bids must be received and date/time stamped prior to 2:00 p.m. CT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES.

If hand delivering to Purchasing Services, please come to 6th Floor Reception Desk in Suite 6101 and call 608-262-1526 for assistance.

Bids may be dropped off at Purchasing Services, 21 N. Park Street, Suite 6101, Madison, WI 53715-1218, between the hours of 7:00 AM and 4:00 PM prior to the due date and time.

FAXED OR EMAIL 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 BID FORM – you do not need to fill out the Return Address Label.

RETURN ADDRESS LABEL:

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

OFFICIAL SEALED BID

NUMBER: 20-5535

SHIP FROM:

VENDOR NAME HERE:

ADDRESS:

CITY:

STATE:

ZIP:

SHIP TO:

UNIVERSITY OF WISCONSIN-MADISON

PURCHASING SERVICES

21 N PARK ST, SUITE 6101

MADISON, WI 53715-1218

1.1. Bid Response Requirements:

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide these forms/information with your bid submittal may disqualify your bid.

2. General Information Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, on behalf of The Division of Information Technology (DoIT), hereinafter referred to as “Department” or “DoIT”, requests bids for the purchase of data communications circuits throughout the State of Wisconsin, delivered as Layer 2 Ethernet LAN service. The University operates its own network to serve all UW institutions and their affiliated entities. This bid is designed to offer the University a variety of contractors from which they can purchase communication circuit services as needed during the contract term.

Bidders may bid all or any subset of circuits specifically listed in Attachment C: Itemized Bid List. The term for each individual circuit may be determined when the circuit is installed. The term for an individual circuit may be extended for a longer term if both parties mutually agree to the extension. Also see Section 3.3, Term of Contract, the term of each individual circuit will be clearly stated on the contract or applicable Order for Service (“OFS”). The service’s initial term will commence upon the successful installation of the circuit and continue until the circuit expires according to the term.

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

2.2. Scope:

The University of Wisconsin - System network provides services to the 13 UW System four-year campuses and their respective branch campuses (formerly UW Colleges), as well as UW-affiliated entities such as UW-Madison Extension locations across the state. The University of Wisconsin System Network is anticipating continuous increases in network activity within the University and its affiliated research communities and is prepared to meet those needs with robust network functionality.

Additional details regarding the UW network, including approximate fiber paths utilized, can be found at: https://it.wisc.edu/about/new-uw-system-network-completed/. The University seeks commercial circuit network connections with physically diverse fiber routes from the University’s existing fiber paths from bid respondents to ensure transport diversity for each UW-System facility connected to the University of Wisconsin System Network.

The University is looking to receive pricing on 1, 3, and 5 year leases. The award will be based solely on the 5 year pricing as this will be the bulk of the circuits that the University will be looking to lease. (See Specifications Section 6 and Attachment B and Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired) If the University (DoIT) identifies a need to order a specific circuit with a shorter term, they reserve the right to pursue the shorter term agreements as represented on Attachment C. They will do so by using the pool of awarded vendors, and their established prices to do a simplified bid. The simplified bid shall be awarded to the lowest bidder on the Itemized Bid List for that particular circuit and term, if DoIT determines fiber path physical diversity from existing University fiber paths. DoIT considers a fiber path diverse if it is a minimum of forty-five (45) feet apart from existing outdoor University fiber path(s) used to provide service to the same A and Z location – excluding the last three hundred (300’) feet entrance into an A or Z location where it may be closer.

The Itemized Bid List (Attachment C) will be the mechanism used to establish contract rates for EACH itemized circuit (Circuit Endpoint A – Circuit Endpoint Z) for the duration of the contract. Awards shall be made to the lowest bidder(s) judged by the Total 5-year term cost (Non-recurring and recurring) for EACH itemized circuit in Attachment C: (Circuit Endpoint A – Circuit Endpoint Z).

In the event that the lowest awarded bidder for a circuit path does not have the physical diversity that DoIT deems necessary, they reserve the right to go back to the awarded pool and use the second lowest awarded bidder to determine fiber path diversity. If neither lowest awarded bidders for a specific circuit path is found to be physically diverse than the lowest awarded bidder shall be utilized IF University decides to place an order for that specific circuit path and term. DoIT shall make the sole determination of commercial circuit fiber path physical diversity.

The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount if a bidder is awarded for a specific circuit Endpoint A – Circuit Endpoint Z connection.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards. Contract vendor(s) may be asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Bid/Request for Proposal.

This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

2.3. Definitions:

The following definitions are used throughout this document:

Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Department and DoIT both mean UW-Madison Department of The Division of Information Technology (DoIT).

Diversity when referring to fiber paths, a fiber path diverse if it is a minimum of forty-five (45) feet apart from existing outdoor University fiber path(s) used to provide service to the same A and Z location – excluding the last three hundred (300’) feet entrance into an A or Z location where it may be closer.

MBE means Minority Business Enterprise.

DVB means Disabled Veteran-Owned Business.

Purchasing means the Purchasing Services Department in the Division of Business Services responsible for the procurement of goods and services on UW-Madison campus, located at 21 N. Park St., Madison, WI 53715 RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

2.4. VendorNet Registration:

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that want to sell to the state. Refer to the Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

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

2.4.2. 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 a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

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

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website; or other means assume responsibility for checking for updates to the RFB or RFP.

2.5. Orders:

Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor(s). Bidder should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.).

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

2.5.2. Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

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

2.6. Electronic Commerce/Online Ordering:

Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

2.7. Campus Delivery Requirements:

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

2.7.2. 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.

2.7.3. This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced in Section 2.7.2 above. Any unique delivery arrangements must be pre-approved by contacting the ordering department or Material Distribution Services (MDS) at (608) 497-4432. MDS reserves the right to charge Contractor reasonable material handling fees for any deliveries they make for the Contractor.

2.8. 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.

2.9. Energy Star:

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet.

2.10. Supplier Diversity:

2.10.1. Minority Business Enterprise Program (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin-Madison is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified MBEs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms, go to https://wisdp.wi.gov/search.aspxhttps://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.10.2. 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.

2.10.3. Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned Business Enterprises certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Disabled Veteran-Owned Businesses or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 1% of the contract price to such enterprises.

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified DVBs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, State Supplier Diversity Program, 608/267-9550. To view all DVB firms, go to https://wisdp.wi.gov/search.aspx, select the DVB box, and click search.

2.11. 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. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contract:

All communications and/or questions in regard to this request must be in writing and must reference the bid number. Bidders should e-mail written questions to the Agent. Verbal questions, when permitted, must be directed to the Agent.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFB, they have five (5) business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.

ADMINISTRATIVE:

Todd Pooler

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: todd.pooler@wisc.edu

PHONE (608)263-3224– FAX 608/262-4467

TECHNICAL:

Patrick Christian

E-mail: patrick.christian@wisc.edu

PHONE 608/265-9699

If a Bidder fails to notify the Purchasing Office of an error in the RFB document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

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

3.2. Applicable Dates:

June 24, 2019

Date of Issue of the RFB

June 28, 2019

Written questions due

July 12, 2019 – 2:00 PM

RFB Due Date (Local Madison Time)

3.3. Term of Contract:

The initial term of this contract shall be 9/15/19, or date of award, through 9/14/22, or Three (3) years after date of award. This contract may be renewed for three (3) additional one-year terms, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days prior to expiration of the initial and/or succeeding Contract term(s).

3.4. Oral Presentations, Product Demonstrations and Site Visits (Pre Award):

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

3.5. Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.6. Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for your site visit, contact Agent.

3.7. Method of Bid:

The UW requests that Bidders submit a net price per circuit and extended total for both non-recurring and monthly recurring costs for the 1, 3, and 5 year terms specified in Attachment C (Itemized Bid List). Prices listed should be in US dollars unless otherwise indicated.

3.8. Method of Award:

The Itemized Bid List (Attachment C) will be the mechanism used to establish contract rates for EACH itemized circuit (Circuit Endpoint A – Circuit Endpoint Z) for the duration of the contract. Awards shall be made to the lowest bidder(s) judged by the Total 5-year term cost (Non-recurring and recurring) for EACH itemized circuit in Attachment C (Circuit Endpoint A – Circuit Endpoint Z).

If the University (DoIT) identifies a need to order a specific circuit with a shorter term, they reserve the right to pursue the shorter term agreements as represented on Attachment C. They will do so by using the pool of awarded vendors, and their established prices to do a simplified bid. The simplified bid shall be awarded to the lowest bidder on the Itemized Bid List for that particular circuit and term, IF DoIT determines fiber path physical diversity from existing University fiber paths, as defined above.

In the event that the lowest awarded bidder for a circuit path does not have the physical diversity that DoIT deems necessary, they reserve the right to go back to the awarded pool and use the second lowest awarded bidder to determine fiber path diversity. If neither lowest awarded bidders for a specific circuit path is found to be physically diverse than the lowest awarded bidder shall be utilized IF University decides to place an order for that specific circuit path and term. DoIT shall make the sole determination of commercial circuit fiber path physical diversity.

The award of a circuit(s) is not a guarantee of purchase for those circuits. Pricing on New or alternate circuits may be solicited for after the contract awards. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

For University Imports: See Section 5.4 Supplier Diversity Preferences:

State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.8.1 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

4. Bidder Qualifications To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified (respond on “Bidder Response Sheet”.)

4.1. Bidder Information:

Bidder must complete the attached Vendor Information Form (Attachment D) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

4.2. Bidder Experience:

Bidder’s company or its principals must be in the business of providing communications circuit items/service and must have done so for the past three (3) years.

4.3. Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item.

4.4. Client List/References:

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5. Fair Price Analysis:

Purchases made under this contract may require further price analysis. Bidders should identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

4.6. Minimum Order:

Bids that require any minimum order quantity or dollar amount may be disqualified.

4.7. Debarment:

Federal Executive Order (E.O.) 12549 “Debarment” requires that all contractors receiving individual awards, using federal funds, and all sub recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

5. Performance and Contract Requirements

5.1. Firm Prices/University Requirements:

5.1.1. Prices must remain firm for the intitial contract term. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University. Price increases after the initial period must be submitted 60 prior to the beginning of the next contract term, with supporting documents justifying the increase. The University also reserves the right to negotiate pricing if other, lower cost options become available.

5.1.2. Contractor should promptly notify Purchasing of new or discontinued items.

5.1.3. UNIVERSITY CANNOT ACCEPT, OR UTILIZE AT ANY TIME, ANY CIRCUIT THAT UTILIZES HUAWEI OR ITS ASSIGNS’ EQUIPMENT AS A NETWORK ELEMENT ON ANY PART OF ANY CIRCUIT DURING ANY PORTION OF THE TERM FOR ANY ORDERED CIRCUIT. The University may immediately terminate any circuit order without penalty, fees or other liability if University determines Huawei equipment is used in the transmission path or endpoint termination of any University circuit.

5.2. DDP Destination:

All deliveries shall be DDP Destination. Delivery charges and risk of loss shall be borne by the Contractor.

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at various locations. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than DDP Destination, as stated, DDP point and shipping charges must be identified on the Itemized Bid List. This additional cost will be added to the bid total and will serve as the basis for determining the award.

Indicate on the Bidder Response Sheet the Country of Origin and Shipping Point.

For University Imports: See Section 5.4 Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

5.3. On Site Service:

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

5.4. University Imports:

All pricing must include Incoterms 2010 DDP shipping costs.

5.5. Requirements for Criminal Background Checks:

Background Checks of Contracted Individuals This contract is contingent upon, prior to the commencement of services, the independent Contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services. This background check will evaluate whether the individual has any pending charges or convictions 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, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

5.6. Timeliness of Delivery:

Delivery is desired as soon as possible after receipt of an order. State on the Bidder Response Sheet when delivery can be made. Timeliness of delivery may be used in evaluation for bid award.

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 10 working days of a receipt of order or release against existing order(s).

5.7. Item Return Policy:

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.

5.8. Additional Items/Services:

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

5.9. Invoice Requirements:

Invoice for Purchase Orders:

5.9.1 Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the items/services on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order or at time of purchasing card order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment. The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

· item manufacturer’s name or abbreviation (if applicable)

· complete item description including catalog, model and/or stock number(s) identical to those stated in bid

· prices per the Contract

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI 53715-1218 unless the customer identifies and establishes a different bill-to location.

Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.9.1 and should be sent to the address given at the time of the order is placed.

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

5.10. Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days as accepted by the University.

5.11. Training:

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

5.12. Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and Contractor's liability policies the certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

5.13. Performance Meetings:

The Account Representative and/or Contract Administrator must be available to meet as required with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

5.14. Subcontracting:

5.14.1. Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Purchasing. Upon request, Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.14.2. The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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

5.14.4. If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

5.15. Activity Reports:

Contractor should be able to report on an 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

5.16. Contract Termination:

5.16.1. The University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses for order placed up to the date of the termination

5.16.2. 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 but not limited to: three (3) separate failures of at least eight (8) hours each, within a thirty (30) day period or failure to provide any of the Terms, Conditions or Specifications.

5.16.3. If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

5.16.4. Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

5.16.5. If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

5.16.6. All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.17. Other Eligible Purchasers:

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities, may desire to purchase from this contract.

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

5.18. Record and Audit:

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.19. Entire Contract:

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Contract Award Letter B. Original Request Bid Number 20-5535, dated June 24, 2019 including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed. 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 bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable. A Word copy of this exceptions document must be submitted with your electronic bid response.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

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

5.20. Travel Per Diems:

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose.

6. Specifications Specifications of Items/Services to be provided:

See Specifications in Section 6, Attachment B and Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired.

UW Specifications may not be revised without an official written amendment issued by Purchasing.

6.1. Maintenance and Repair:

6.1.1 Contractor must perform all maintenance on site unless University grants permission to remove equipment from site.

6.1.2 Contractor must provide in-store or depot repair service for items purchased as result of this bid. Contractor must return repaired item within one (1) business day of receipt at the Contractor’s location.

6.1.3 Contractors must have access to replacement parts within 8 hours to service all machines identified under this bid.

6.1.4 Service calls received must be acknowledged within 2 hours and machine must be serviced within 24 hours of initial call. The service representative shall leave the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the University employee in charge of the machine. Failure to provide the UW with a written report with a UW signature will be grounds for nonpayment.

6.1.5 Contractor must complete all maintenance or repair services within twenty-four (24) hours of the initial call. If Contractor cannot complete all services within this time, the Contractor must provide a progress report of the repair to the department. The service representative shall leave with the ordering department a copy of a dated written report indicating the service performed. This report must be signed by the University employee in charge of the machine.

6.1.6 Contractor shall provide unlimited call-back maintenance service during normal business hours.

6.1.7 Bid should include labor and travel time costs to restore service during the term.

6.2. Maintenance Inspections:

Contractor must provide a minimum of one (1) maintenance inspections per year. Contractor must coordinate and schedule dates and times with the University contact person.

6.3. Emergency Situations:

Bid should include labor and travel time during stated emergency hours to the department. Emergency Service hours shall be defined 5:01 p.m. to 7:59 a.m.

6.4. Additional Vendors:

Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.5. Employee Identification:

All the Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

6.6. Third Party Financing:

Bidders that are bidding on Leases or Rentals using a third party for financing must identify the company, quote the interest rate, and include a copy of their lease or rental contract.

6.7. Environmentally Friendly (“Green”) Product:

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

Attachment A: Bidder Response Sheet NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

SUBMITTAL INSTRUCTIONS