State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

University of Wisconsin Oshkosh Planning and Construction - Purchasing 800 Algoma Blvd Oshkosh, WI 54901

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid

#SP-17-123. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record.

Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID THIS IS NOT AN ORDER Bids MUST be in this office no later than

May 15, 2017, 2:00pm BIDDER (Name and Address)

Name (Contact for further information)

Susan Poff

Phone

920-424-2006

Date

May 3, 2017

Quote Price and Delivery FOB

Destination

Fax bids are accepted x Fax bids are not accepted

Item No.

Quantity and Unit

Description Price

Per Unit

Total

1. 500 Each The University of Wisconsin Oshkosh requests bids for compact refrigerators for resident halls.

2. 25 Each The University of Wisconsin Oshkosh requests bids for midsize refrigerators for resident halls.

Bid Request SP 17-123 per attached Specifications, Special

Conditions of Bid, Bid Sheet, Standard Terms & Conditions and

Supplemental Standard Terms & Conditions for Procurements for Services

Questions regarding this bid will be answered by the following:

Susan Poff phone # 920-424-2006 email: poffs@uwosh.edu

Payment Terms Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown in signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement 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 above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print)

Title

Phone ( )

Fax ( )

Signature of Above

Date e-mail.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

STATE OF WISCONSIN

REQUEST FOR BIDS (RFB) # SP 17-123

FOR: COMPACT REFRIGERATORS

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

2.0 BID PROCEDURE AND INSTRUCTIONS

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

4.0 TECHNICAL SPECIFICATIONS

5.0 PERFORMANCE REQUIREMENTS

6.0 BID SUBMITTAL

7.0 STANDARD TERMS AND CONDITIONS SUPPLEMENTAL STANDARD TERMS AND

CONDITIONS FOR PROCUREMENTS FOR SERVICES

REQUIRED FORMS

Vendor Information (DOA-3477)

Vendor Reference (DOA-3478)

Vendor Agreement (DOA-3333)

1.0 INTRODUCTION AND PURPOSE:

1.1 SCOPE: University of Wisconsin Oshkosh Residence Life Department swaps out their older compact dorm refrigerators on an annual rotation cycle and will be replacing 250 refrigerators in our North Scott

Hall this summer. Also, this year the university will be purchasing another 250 compact refrigerators and

25 midsize refrigerators due to the construction project at Fletcher Hall. UW Oshkosh must have two separate delivery days for each hall.

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for 500 compact refrigerators and 25 midsize refrigerators that comply with our specifications and must all be delivered by July 24, 2017. It is the intent of the University of Wisconsin

Oshkosh to use the results of this process to award this purchase only.

1.2 CONTRACTING AGENCY: This Request for Bid (RFB) is issued by the University of Wisconsin

Oshkosh which is the sole point of contact for this RFB. The contact person for managing the procurement process is:

Susan Poff

Planning & Construction – Purchasing

University of Wisconsin Oshkosh

650 Witzel Ave

Oshkosh, WI 54902

Phone: 920-424-2006

Fax: 920-424-0259

E-mail: poffs@uwosh.edu

1.3 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 at a bid opening/vendor conference, contact Susan Poff, Planning & Construction – Purchasing at 920-424-2006.

1.4 CLARIFICATION AND / OR REVISIONS TO THE SPECIFICATIONS AND REQUIREMENTS: Any questions concerning this RFB must be submitted in writing on or before May 10, 2017 to:

Susan Poff

Planning & Construction – Purchasing

University of Wisconsin Oshkosh

650 Witzel Ave

Oshkosh, WI 54902

Fax: 920-424-0259

E-mail: poffs@uwosh.edu

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFB document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, revisions/amendments and/or supplements will be provided to all recipients of this initial

RFB.

Each bid shall stipulate that it is predicated upon the requirements, terms and conditions of this RFB and any supplements or revisions thereof.

Any contact with State employees concerning this RFB are prohibited, except as authorized by Susan

Poff, UW Oshkosh, Planning and Construction – Purchasing, during the period from date of release of the RFB until the notice of intent to contract is released.

mailto:poffs@uwosh.edu

1.5 CALENDAR OF EVENTS:

DATE TIME EVENT

May 3, 2017 Date of issue of the RFB.

May 10, 2017 Last day for submitting written inquires.

May 15, 2017 2:00 PM Bids due from vendors.

May 2017 Notification of intent to award sent to vendors.

May 2017 Contract start date

July 14, 2017 North Scott refrigerators must be delivered by

July 24, 2017 Fletcher Hall refrigerators must be delivered by

1.6 PARTIES TO THE CONTRACT: The contract shall be between the State of Wisconsin, Board of

Regents of the University of Wisconsin System doing business as the University of Wisconsin

Oshkosh, hereafter referred to as the “University” and the successful bidder hereafter referred to as the “contractor” for the provision of compact refrigerators according to the terms set forth herein.

1.7 CONTRACT TERMS: The contract will be for a one time purchase of 500 refrigerators. Indicate if other State Agencies and/or Universities may order from any resulting contract at the pricing quoted.

1.8 CONTRACT BASIS: The terms and conditions for this contract are contained in the Department of

Administration documents DOA-3054 (dated 10/2005) and DAO-3681 (dated 1/2001). Any specification, term or condition contained in this document that varies from those terms and conditions supersedes those documents for this contract.

1.9 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of

Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state agencies also are using VendorNet to post simplified bids valued at $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

2.0 BID PROCEDURES AND INSTRUCTIONS:

2.1 BID SUBMITTAL: Vendors must submit an ORIGINAL of all materials required for acceptance of their bid by May 15, 2017 2:00PM CST to:

Bid Drop Off Address: Bid Mailing Address:

Susan Poff Susan Poff

Facilities Management Planning & Construction – Purchasing

Planning & Construction – Purchasing University of Wisconsin Oshkosh

University of Wisconsin Oshkosh 800 Algoma Blvd

650 Witzel Ave Oshkosh, WI 54901

Oshkosh, WI 54902

UW Oshkosh Planning and Construction Office does not accept faxed bids. Bids must be received on or before the date and time that the bid is due. Late bids will not be accepted and will be returned unopened to the bidder(s). All bids must be received and time-stamped by the Planning and

Construction department prior to the stated opening time. Bids not so stamped will be considered late.

Bids date and time stamped in another office will be rejected. Receipt of a bid by mail system or in any other office located at the University of Wisconsin Oshkosh does not constitute receipt of a bid by the

UW Oshkosh Planning and Construction office. Any bid that is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.

All bids must be sealed and show the following information on the outside of the envelope:

Bidder's Name and Address

RFB Number: SP 17-123

Bid Due Date: May 15, 2017

2.2 INCURRING COSTS: The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

3.1 METHOD OF BID: Complete the enclosed bid forms:

1). Bid Submittal for 500 compact refrigerators plus midsize refrigerators. (Section 6)

2). Vendor Information (DOA-3477 attachment)

3). Vendor Reference (DOA-3478 attachment)

4). Vendor Agreement (DOA-3333 attachment)

3.2 METHOD OF AWARD: The award will be based upon the lowest grand total price that is judged to be in the best interest of the University of Wisconsin System. Life Cycle cost methods and timeliness of delivery may be used in evaluation of bids when appropriate

3.3 BID OPENING: Bid openings is public and scheduled on May 15, 2017 at 2:00PM at UW Oshkosh, Campus Service Center – Facilities Management. At bid opening, vendors and bid prices will be announced. Award of contracts will not be made at time of bid opening.

The bid abstract prepared at the bid opening will be on file in Facilities Management Office and will be open to public inspection after an award has been made.

3.4 BID ACCEPTANCE: Bids that do not comply with instructions or do not comply with specifications contained in the RFB may be rejected. The University retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the University. The

University shall be the sole judge as to compliance with the instructions contained in this RFB. The

University reserves the right to negotiate the terms of the contract with the lowest responsible, responsive bidder.

3.5 BID REVIEW: Bids will be reviewed by the UW Oshkosh Facilities Management Office to verify that they meet all specified requirements in this RFB. This verification may include reviewing vendor's bid documents submitted and verifying certification and credentials. If an alternative model was offered with the lowest bid then a sample and a demonstration must be provided during this bid review period.

3.6 MINORITY PREFERENCE: 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. 15.10(2), 16.75(4), 16.75(5) and

560.03(2), Wisconsin Statutes.

The State of Wisconsin policy provides that minority owned business enterprise certified by the

Wisconsin Department of Commerce; Bureau of Minority Development should have the maximum opportunity to participate in the performance of its contracts. Supplier 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 serviced incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

Bids from certified Minority Business Enterprises may have pointed weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses.

3.7 FIRM PRICES: Pricing shall remain firm for the initial contract period. After the initial contract period, price increases will be considered upon written request to the UW Oshkosh Purchasing Department ninety (90) days prior to the end of the existing contract period.

3.8 NOTIFICATION OF INTENT TO AWARD: All vendor(s) who respond to this RFB will be notified in writing of the State's intent to award contract as a result of this RFB.

3.9 APPEALS PROCESS: The appeals process applies to only those requests for bid that are $25,000 or greater. Notices of intent to protest and protests must be made in writing. Protesters should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code

Provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be sent to Ms. Lori Worm, Interim Vice Chancellor of Administrative Services, University of Wisconsin Oshkosh, 800 Algoma

Boulevard, Oshkosh, WI 54901 and received in his office no later than five (5) working days after the notice of intent to award is issued.

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision may be appealed to the Secretary of the Department of Administration within five (5) working days of the issuance of that decision with a copy to Susan Poff.

4.0 TECHNICAL SPECIFICATIONS

All specifications / requirements in this section are mandatory.

4.1 COMPACT REFRIGERATOR SPECIFICATIONS

4.1.1 Refrigerators must be two door units with manual defrost, a separate “zero degree” freezer section and have an adjustable thermostat.

4.1.2 The color of the refrigerator must be black or stainless look with reversible doors, flush – back design with adjustable shelving

4.1.3 CFC-Free Operation

4.1.4 Location requires dimensions to be: 43.4” H x 19” W x 20” D

Cubic Feet: 4.3 Total Capacity = 3.1 Refrigerator + 1.2 Freezer

4.1.5 Electrical: Voltage Rating 115v / 60 Hz / 15 or 20A and must be Energy Star complaint. The product bid must be listed on the Energy Star website at http://energystar.gov.

4.1.6 Warranty: Minimum of one (1) year product warranty

Minimum of five (5) year compressor warranty

4.2 MIDSIZE REFRIGERATOR SPECIFICATIONS

4.2.1 Refrigerators must be two door units with manual defrost, a separate “zero degree” freezer section and have an adjustable thermostat.

4.2.2 The color of the refrigerator must be black or stainless look with reversible doors, flush – back design with adjustable shelving

4.2.3 CFC-Free Operation

4.2.4 Location requires dimensions to be: 60” H x 24” W x 25” D

Cubic Feet: 9.9 Total Capacity = 7.28 Refrigerator + 2.65 Freezer http://energystar.gov/

4.2.5 Electrical: Voltage Rating 115v / 60 Hz / 15 or 20A and must be Energy Star complaint. The product bid must be listed on the Energy Star website at http://energystar.gov.

4.2.6 Warranty: Minimum of one (1) year product warranty

Minimum of five (5) year compressor warranty

4.3 PRODUCT INFORMATION

4.3.1 With reference to the specifications listed above, please be advised that the following manufacturer and model number is known to fulfill these requirements: Magic Chef ~ Model

#HVDR430SE & HVDR1040S

4.3.2 The bidder may offer an alternate product believed to be an equal. Any alternate products(s) bid must be clearly identified by manufacturer and catalog, model or stock number. Adequate detailed specifications of the product offered must be included with your bid to establish equivalency. A sample and a demonstration of alternate low models bid will be required. The

State of Wisconsin shall be the sole judge of equivalency.

4.4 GENERAL TECHNICAL SPECIFICATIONS

4.4.1 Bidder must be an authorized distributor or dealer of the original equipment manufacturer with service and repair capabilities for the equipment.

4.4.2 The successful bidder (contractor) must be prepared to honor the REQUESTED WARRANTY.

4.4.3 All items bid shall be manufacturer's current production products.

4.4.4 Replacement parts for the refrigerators must be readily available within 2 to 3 days of UW

Oshkosh to purchase for future repairs.

4.5 DELIVERY SPECIFICATIONS

4.5.1 Delivery will be split in half to have 250 refrigerators delivered on July 14, 2017 for North Scott and the remaining 250 refrigerators plus the 25 midsize refrigerators delivered on July 24, 2017 for Fletcher Hall.

4.5.2 All refrigerators must be delivered on pallets and drop shipped to:

UW Oshkosh

Campus Services Receiving

645 Dempsey Trail

Oshkosh, WI 54902.

4.5.3 UW Oshkosh will be responsible to off-load the refrigerators.

5.0 PERFORMANCE REQUIREMENTS

5.1 GENERAL PERFORMANCE SPECIFICATIONS.

5.1.1 All proposed refrigerators must be capable of performing at an effectiveness level in accordance with manufacturer's specifications.

5.1.2 All proposed refrigerators must be capable of performing all operations in accordance with manufacturer's advertised data sheets and technical publications.

http://energystar.gov/

6.0 BID SUBMITTAL:

6.1 BID SHEET

Bidder must include the manufacturer, model number and the refrigerator specifications along with the Unit Price and Total Net Bid Price for the item as specified. Grand total costs must include all packing, transportation and delivery costs.

Manufacturer Model/ Stock # Specifications Price per

Unit

Grand Total for 500 Units

COMPACT REFRIGERATOR

MIDSIZE REFRIGERATOR

6.2 EXECUTED CONTRACT SIGNATURE PAGE

Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement:

a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition

b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and

c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

We, the undersigned, in compliance with the Request for Bid # SP 17-123 for Compact Refrigerators, hereby bid the following charges to the University of Wisconsin Oshkosh. In making these bids, we acknowledge that we have read and understood the Request for Bid and specification requirements and agree to fulfill our legal obligations pursuant to the attached contractual provisions.

Signature____________________________________ Company_______________________________________

Name_______________________________________ Address________________________________________

Title________________________________________ City____________________________________________

Telephone___________________________________ State__________________ Zip Code_________________

Date_______________________________________ Email Address___________________________________

7.0 STANDARD TERMS AND CONDITIONS

The State of Wisconsin reserves the right to incorporate standard State contract provisions into any contract negotiated with any bid submitted responding to this RFB (Standard Terms and Conditions (DOA-3054) and Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681). Failure of the successful bidder to accept these obligations in a contractual agreement may result in cancellation of the award.

Wisconsin Department of Administration

DOA-3054 (R10/2005)

Ch. 16, 19, 51, Wis. Stats.

Standard Terms And Conditions (Request For Bids / Proposals)

1.0 SPECIFICATIONS: The specifications in this request are

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

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and excep-

tions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letter-head, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifica-tions and the bidders/proposers shall be held liable.

3.0 QUALITY: Unless otherwise indicated in the request, all

material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the State of Wisconsin.

4.0 QUANTITIES: The quantities shown on this request are

based on estimated needs. The state reserves the right to increase or decrease quantities to meet actual needs.

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight

prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin quali-

fies for governmental discounts and its educational institu-tions also qualify for educational discounts. Unit prices shall reflect these discounts.

6.1 Unit prices shown on the bid/proposal or contract

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

6.2 Prices established in continuing agreements and

term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award.

Any increase proposed shall be submitted to the contracting agency thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the contractor which are demonstrated to be indus-trywide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

6.3 In determination of award, discounts for early

payment will only be considered when all other con-ditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of

Wisconsin are not governed by the Unfair Sales Act.

8.0 ACCEPTANCE-REJECTION: The State of Wisconsin

reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the State of Wisconsin.

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest

responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing

cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

11.0 PAYMENT TERMS AND INVOICING: The State of

Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are

exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.

However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors perform-ing construction activities are required to pay state use tax on the cost of materials.

13.0 GUARANTEED DELIVERY: Failure of the contractor to

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

14.0 ENTIRE AGREEMENT: These Standard Terms and

Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attach-ments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

15.0 APPLICABLE LAW: This contract shall be governed under

the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis.

Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

16.0 ANTITRUST ASSIGNMENT: The contractor and the State

of Wisconsin recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Wisconsin (purchaser).

Therefore, the contractor hereby assigns to the State of Wisconsin any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

17.0 ASSIGNMENT: No right or duty in whole or in part of the

contractor under this contract may be assigned or dele-gated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be certi-

fied under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In

connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis.

Stats., sexual orientation as defined in s. 111.32(13m), Wis.

Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising;

layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren-ticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

19.1 Contracts estimated to be over twenty-five thousand

dollars ($25,000) require the submission of a written affirmative action plan by the contractor. An exemp-tion occurs from this requirement if the contractor has a workforce of less than twenty-five (25) employees.

Within fifteen (15) working days after the contract is awarded, the contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

19.2 The contractor agrees to post in conspicuous places, available for employees and applicants for employ-ment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin's nondiscrimination law.

19.3 Failure to comply with the conditions of this clause

may result in the contractor's becoming declared an "ineligible" contractor, termination of the contract, or withholding of payment.

20.0 PATENT INFRINGEMENT: The contractor selling to the

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

21.0 SAFETY REQUIREMENTS: All materials, equipment, and

supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

22.0 WARRANTY: Unless otherwise specifically stated by the

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

23.0 INSURANCE RESPONSIBILITY: The contractor perform-

ing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as

required by Wisconsin Statutes, for all employees engaged in the work.

23.2 Maintain commercial liability, bodily injury and prop-

erty damage insurance against any claim(s) which might occur in carrying out this agreement/contract.

Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower

limits where warranted.

DOA-3054

24.0 CANCELLATION: The State of Wisconsin reserves the

right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifica-tions of this contract.

25.0 VENDOR TAX DELINQUENCY: Vendors who have a

delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

26.0 PUBLIC RECORDS ACCESS: It is the intention of the

state to maintain an open and public process in the solicita-tion, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise speci-fied. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

27.0 PROPRIETARY INFORMATION: Any restrictions on the

use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted.

However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation

provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, docu-mentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to

this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Informa-tion form (DOA-3027). Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.

28.0 DISCLOSURE: If a state public official (s. 19.42, Wis.

Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appro-priate disclosure is made according to s. 19.45(6), Wis.

Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain

University of Wisconsin faculty/staff are subject to separate disclosure requirements, s. 16.417, Wis. Stats.

29.0 RECYCLED MATERIALS: The State of Wisconsin is

required to purchase products incorporating recycled mate-rials whenever technically and economically feasible.

Bidders are encouraged to bid products with recycled content which meet specifications.

30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an

order(s) resulting from this award(s) is a hazardous chemi-cal, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES:

Reference to or use of the State of Wisconsin, any of its departments, agencies or other sub-units, or any state offi-cial or employee for commercial promotion is prohibited.

News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin.

Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0 HOLD HARMLESS: The contractor will indemnify and

save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

33.0 FOREIGN CORPORATION: A foreign corporation (any

corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 267-7577.

34.0 WORK CENTER PROGRAM: The successful

bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat.

This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

35.0 FORCE MAJEURE: Neither party shall be in default by

reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

Department of Administration

DOA-3681 (01/2001)

ss. 16, 19 and 51, Wis. Stats.

Division of Agency Services Bureau of Procurement

Supplemental Standard Terms and Conditions for Procurements for Services

1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT: The contents of the bid/proposal of the successful contractor will become contractual obligations if procurement action ensues.

2.0 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION: By signing this bid/proposal, the bidder/proposer certifies, and in the case of a joint bid/proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

2.1 The prices in this bid/proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder/proposer or with any competitor;

2.2 Unless otherwise required by law, the prices which have been quoted in this bid/proposal have not been knowingly disclosed by the bidder/proposer and will not knowingly be disclosed by the bidder/proposer prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other bidder/proposer or to any competitor; and

2.3 No attempt has been made or will be made by the bidder/proposer to induce any other person or firm to submit or not to submit a bid/proposal for the purpose of restricting competition.

2.4 Each person signing this bid/proposal certifies that: He/she is the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein and that he/she has not participated, and wil l not participate, in any action contrary to 2.1 through 2.3 above; (or)

He/she is not the person in the bidder's/proposer's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decisions in certifying that such persons have not participated, and will not participate in any action contrary to 2.1 through 2.3 above, and as their agent does hereby so certify; and he/she has not participated, and will not participate, in any action contrary to 2.1 through 2.3 above.

3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:

3.1 Prior to award of any contract, a potential contractor shall certify in writing to the procuring agency that no relationship exists between the potential contractor and the procuring or contracting agency that interferes with fair competition or is a conflict of interest, and no relationship exists between the contractor and another person or organization that constitutes a conflict of interest with respect to a state contract. The Department of Administration may waive this provision, in writing, if those activities of the potential contractor will not be adverse to the interests of the state.

3.2 Contractors shall agree as part of the contract for services that during performance of the contract, the contractor will neither provide contractual services nor enter into any agreement to provide services to a person or organization that is regulated or funded by the contracting agency or has interests that are adverse to the contracting agency. The Department of Administration may waive this provision, in writing, if those activities of the contractor will not be adverse to the interests of the state.

4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

5.0 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

6.0 CONFLICT OF INTEREST: Private and non-profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

7.0 RECORDKEEPING AND RECORD RETENTION: The contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, state and local ordinances.

The contracting agency shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents relating to any contract resulting from this bid/proposal held by the contractor. The contractor will retain all documents applicable to the contract for a period of not less than three (3) years after final payment is made.

8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the state. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

STATE OF WISCONSIN Bid / Proposal #

SP17-123

DOA-3477 (R05/98)

Commodity / Service

VENDOR INFORMATION

1. BIDDING / PROPOSING COMPANY NAME

FEIN

Phone ( ) Toll Free Phone ( )

FAX ( ) E-Mail Address

Address

City State Zip + 4

2. Name the person to contact for questions concerning this bid / proposal.

Name Title

3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department. Please name the Personnel / Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

5. CEO / President Name

This document can be made available in accessible formats to qualified individuals with disabilities.

STATE OF WISCONSIN Bid / Proposal # SP17-123

DOA-3478 (R12/96)

VENDOR REFERENCE

FOR VENDOR:

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used for four (4) or more installations with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name

Address (include Zip + 4)

Contact Person Phone No.

Product(s) and/or Service(s) Used

Contact Person Phone No

This document can be made available in accessible formats to qualified individuals with disabilities.

Department of Administration

DOA-3333 (R03/2004)

Division of State Agency Services State Bureau of Procurement

Vendor Agreement Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

The State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may…