2026-UWMSN-01046-RFB SERVICES CONTRACT TERMS AND REQUIREMENTS (AMENDED).pdf
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- Solicitation number
- 2026-UWMSN-01046-RFB
- Issued by
- Dane County, Mattoon Village, Wisconsin
About this file
This document constitutes the Services Contract Terms and Requirements for Request for Bid (RFB) 2026-UWMSN-01046-RFB issued by the University of Wisconsin-Madison for environmental laboratory testing services and supplies. The University seeks to establish a multi-year contract for environmental laboratory testing services and supplies, including asbestos, lead, and polychlorinated biphenyl (PCB) analysis capabilities, along with associated sampling products and laboratory supplies. The procurement is intended to serve all University of Wisconsin-Madison departments through a flexible contracting mechanism that accommodates both listed items and additional services available through quote-to-order arrangements or volume discounts. The RFB was posted on November 14, 2025, with a bid submission deadline of December 12, 2025. Responses must be submitted exclusively through the online ShopUW+ Sourcing Event Module at https://bids.sciquest.com/apps/Router/PublicEvent?CustomerOrg=UWisconsin. Inquiries should be directed to Brad Bauman at brad.bauman@wisc.edu. The initial contract term extends from the date of award through November 30, 2029, with automatic renewal for two additional one-year terms unless either party provides 60 calendar days' written notice of non-renewal. The University does not guarantee minimum purchase quantities or dollar amounts.
Pricing must be submitted on a unit-price basis for listed items, with prices remaining firm for the first 365 calendar days of the initial contract term. For non-listed, related items, bidders must submit a percentage discount from the manufacturer's published price list, rounded to whole numbers. All deliveries shall be FOB Destination with freight and risk of loss borne by the Contractor; laboratory services must include free pre-paid sample shipping. Bidders must have three years of experience providing the requested services and, if bidding on laboratory services, must hold accreditation from the National Volunteer Laboratory Accreditations Program (NVLAP), the American Industrial Hygiene Association (AIHA), and/or the National Environmental Laboratory Accreditation Program (NELAP). The contract will be awarded to the lowest qualified bid(s) on a line-item or lot-total basis, with the University reserving the right to award to multiple vendors. The University may apply a 5% preference for Disabled Veteran-Owned Business (DVB) firms. Contractors must pass criminal background checks, maintain required insurance with the Board of Regents listed as additional insured, provide annual activity reports, and comply with all applicable health, safety, and pandemic-related mandates. Price increase requests after the first year must be submitted 30 days in advance with documented cost justifications and are subject to University approval or potential rebidding.
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| 2026-UWMSN-01046-RFB AMENDMENT 1 - QUESTIONS ANSWERS.pdf |
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1. General Information
1.1. Purpose:
The University of Wisconsin-Madison requests bids to establish a contract for the purchase of ENVIRONMENTAL
LABORATORY TESTING SERVICES AND SUPPLIES.
Given the importance and critical nature of ENVIRONMENTAL LABORATORY TESTING SERVICES AND SUPPLIES, the University anticipates the need for items/services that may not be specifically listed on the Itemized Bid List, including, but not limited to, sampling products and supplies and additional lab services and turnaround times. As such, the University intends this to be a multi-year contract where additional/future item/service needs are satisfied on a quote to order basis and/or discount off list with the awarded vendor(s).
All University of Wisconsin-Madison departments must be eligible to purchase from this contract.
1.2. Scope:
See Specifications (Section 5) and/or Technical Specifications (Section 6) for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. The estimated item quantities identified in this Request for Bid are for bid purposes only.
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.
1.3. Definitions:
The following definitions are used throughout this document:
- Buyer means UW purchasing agent responsible for this Request for Bid.
- Bidder means a firm submitting a bid in response to this Request for Bid.
- Contractor means successful Bidder awarded the bid.
- CT means Central Time.
- DVB means Disabled Veteran-Owned Business.
- MBE means Minority Business Enterprise.
- Purchasing card means State credit card.
- Purchasing means the UW Purchasing department responsible for the procurement of goods and services.
- RFB means Request for Bid.
- Sourcing Module means the ShopUW+ Sourcing Event Module.
- State means State of Wisconsin.
- University and UW both mean the University of Wisconsin-Madison.
- WBE means Woman-Owned Business Enterprise.
1.4. eSupplier/VendorNet Registration:
Registration on the State of Wisconsin’s eSupplier Portal (eSupplier.wi.gov) is available free of charge to all businesses and organizations that want to sell to the state. Refer to Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:
• Register for a bidders list for commodities/services that the vendor wants to sell to the state.
• 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).
• 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.
https://esupplier.wi.gov/psp/esupplier/SUPPLIER/ERP/h/?tab=WI_GUEST https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf
NOTE: Registration with eSupplier/Vendornet does not register the bidder with the ShopUW+ Sourcing Event Module.
Instructions for registering with the Sourcing Module can be found here: Supplier Login or Join JAGGAER Supplier Network (sciquest.com)
1.5. Orders:
Under this contract, Specific order(s), Standing order(s), or Purchasing Card order(s) may be issued to the Contractor(s).
Bidder should identify the method by which they will accept orders against this contract (e.g. e-mail, internet, mail, phone, etc.).
• Specific order(s): issued as one-time orders.
• Standing order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Standing order(s) as needed.
• Purchasing Card order(s): issued as one-time order(s).
1.6. 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.
1.7. Campus Delivery Requirements:
• Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.
• Contractor shall follow the delivery requirements outlined by the ordering campus. Contact the ordering department or the Purchasing office for specific policy language, restrictions and a campus map.
• Any unique delivery arrangements must be pre-approved by contacting the ordering department.
• 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.
• This contract requires that Contractor deliver goods to the stated delivery address in accordance with the 30’ truck policy referenced 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.
1.8. Parking:
University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through the University’s transportation or the ordering department’s business office. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.
1.9. 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.
1.10. 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.
https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin http://transportation.wisc.edu/resources/large_truck.aspx
1.11 Special Pandemic and Emergency Operations Considerations:
The University of Wisconsin System, individual campuses, municipalities, counties, or the State or Federal government may have emergency orders or guidelines in place mandating or recommending measures such as face masks, protective gear, hand washing, temperature checks, symptom reporting, social distancing, or other temporary public health and safety measures. All suppliers visiting UW campuses or participating in UW sponsored activities, whether on or off campus, must comply with all relevant University, campus, government, and public health and safety mandates and guidelines unless specifically exempted by the applicable legislation, executive order or public health order. UW reserves the right to impose additional health and safety requirements, processes, and procedures at any time. Bidders, contractors and suppliers and their support personnel present in person at any UW site or event must comply with all such applicable measures in effect at that location.
2. Process Instructions
2.1 Term of Contract:
The initial term of this contract shall be date of award through November 30, 2029. This contract will be automatically renewed for TWO (2) additional one-year terms, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 60 calendar days prior to expiration of the initial and/or succeeding Contract term(s).
2.2 F.O.B. Job Site:
Services are to be performed at locations indicated when orders are placed. Delivery of all materials shall be F.O.B. job site, freight paid by Contractor. Contractor shall have a representative present at the delivery site when materials are direct shipped. University employees will not accept deliveries on behalf of the Contractor. The University shall not be responsible for any materials received or accepted on behalf of the Contractor.
2.3 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.
2.4 Reasonable Accommodations:
The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.
2.5 Appeals Process:
Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code. No later than five business days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:
The Office of the Chancellor The University of Wisconsin-MADISON
500 LINCOLN DRIVE - MADISON, WI 53715-1218
With a copy to:
Director of Purchasing Services University of Wisconsin-MADISON
21 NORTH PARK STREET - SUITE 5301 - MADISON, WI 53715
The complete protest must be received by both parties listed above no later than ten business days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated. The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.
2.6 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.
2.7 Method of Bid:
The Bidder shall submit a unit price for each item they wish to provide, and a price by lot as designated. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail. Bidder does not need to bid on all items or lots.
• For Non-Listed, Related Items: Bidder shall submit a discount from current manufacturer's published price list.
Bidder must identify by title and date which price list is being used. Discounts’ bid must be rounded to whole numbers, (e.g., 54% NOT 54.2%) from the price list. Failure to provide the rounded discount as requested may result in rejection of your bid for non-specified, related items.
• If there is more than one price list, each price list and the related discounts should be identified. If the price list(s) has more than one price column, Bidder must identify from which price column discounts are applied or your bid for that manufacturer may be disqualified. If not identified by the bidder, the UW may use the highest priced column for award consideration.
• The column identified shall be used as the basis for award and all subsequent orders unless a lower priced column is negotiated by the parties.
2.8 Method of Award:
Award(s) shall be made on the basis of the lowest net line-item price(s) and/or the lowest net lot total(s), whichever is judged to be in the best interest of the University. The University may award to one or multiple bidders. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. The University is the sole determinant of its best interests.
• Supplier Diversity Preferences State of Wisconsin agencies may make awards to 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 bid 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.
• Life Cycle Cost Life Cycle Cost formulas may be used in evaluation for bid awards which may include, but are not limited to: the applicable costs of energy efficiency, acquisition and conversions, interest charged, transportation, warranties, maintenance fees, licenses, disposal or any other costs not directly related to the bid.
3. Bidder Qualifications
3.1 Bidder Experience:
Bidder company or its principals must be in the business of providing the requested items/services and must have done so for the past THREE (3) years.
3.2 Minimum Order:
Bids that require any minimum order quantity or dollar amount may be disqualified.
3.3 Bidder Accreditation:
If bidding on services, bidder must be accredited by the National Volunteer Laboratory Accreditations Program (NVLAP), and/or the American Industrial Hygiene Association (AIHA), and/or the National Environmental Laboratory Accreditation Program (NELAP).
4. Performance and Contract Requirements
4.1 Firm Prices:
Pricing for this bid is in two categories. The first category is for specific items listed in this bid. The second category is for non-listed, related items from manufacturer's catalog or item list.
• Specific Items Listed:
o For Specific items requested in this bid, prices must remain firm for the first year (365 calendar days) of the initial contract term. Prices established may be lowered due to general market conditions, or negotiations between the University and Contractor.
o Price increase requests proposed after the first year (365 calendar days) of the initial Contract term, along with an updated price list, must be received by Purchasing in writing 30 calendar days prior to the effective date of proposed increase for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor.
o Price increases must be labeled with the contract number and be submitted in the same format as the original pricing request. Any price increase requested that is not submitted in the proper format may be rejected.
• Non-Listed, Related Items:
o The University requests that all non-listed, related items available from the manufacturer be made available at a single percentage discount from the manufacturer's catalog or price list identified by the bidder.
o Percentage discount(s) for non-listed, related items must remain firm during the initial and each succeeding
Contract term; or may be renegotiated by the University and the Contractor.
o One (1) electronic copy - in searchable Excel, Word or PDF format - of the manufacturer catalog or price list for the non-listed, related items should accompany your bid response. Referencing your website for pricing information is not sufficient. After award, Contractor must also provide a copy to Purchasing and University departments upon request.
o Should price lists change for non-listed, related items during the Contract term, it is the responsibility of the Contractor to submit a letter, referencing the Contract number and including an electronic copy of the new pricing in searchable Excel, Word or PDF format to Purchasing, 30 days prior to any price increase becoming effective. Proposed price increases are limited to fully documented cost increases submitted with the request.
Invoices shall be audited using the most current price list on file in Purchasing on the date the order was placed.
o Price lists should be labeled with the contract number and the item(s), if applicable, to which they apply.
4.2 F.O.B. Destination:
All deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Contractor.
Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to a designated interior/ground floor space 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 F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified with bidder’s submitted pricing. This additional cost will be added to the bid total and will serve as the basis for determining the award. You may be asked to Indicate the Country of Origin and Shipping Point.
Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.
4.3 On Site Service:
In carrying out the scope of this Contract, the Contractor may be required to perform services on University property.
Bidders’ cost must include all transportation charges.
4.4 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.
• Background Checks of Contractors This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.
4.5 Mandatory Reporting of Child Abuse or Neglect:
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 a UW campus or during a UW-sponsored event, the Contractor shall also report to the Police Department.
4.6 Timeliness of Delivery:
The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within two (2) business day(s) of receipt of order or release against existing order(s).
4.7 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 their company’s return policy.
4.8 Additional Items/Services:
Similar items/services may be added to this Contract provided it was mutually agreeable to both UW Purchasing and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.
Contractor should promptly notify the University of new or discontinued services.
4.9 Invoicing Requirements:
• Invoices for Purchase Orders
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:
o Contractor name o remit to address o purchase order number o release number if given o date of order/release o item manufacturer’s name or abbreviation (if applicable) o complete item description including catalog, model and/or stock number(s) identical to those stated in bid o 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 the address provided in the BILLING INFORMATION section of the PO, unless the customer identifies and establishes a different bill-to location.
• Purchasing Card:
Order confirmation shall contain the same detail as listed for Purchase Orders and should be sent to the address given at the time the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.
4.10 Refund of Credits:
The contractor agrees to pay the state within 60 days, at the state's request, any credits resulting from the order which the state determines cannot be applied to future invoices.
4.11 Invoice Dispute:
Pursuant 16.528(3)(e) the UW System will notify supplier by e-mail or mail, at its discretion, of any disputed invoice.
4.12 Payment Terms:
Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor NET 30 DAYS as accepted by the University.
4.13 Shipments, Duplicates and Overshipments:
Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items.
4.14 Training:
If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the University. Training requirements will be negotiated with the Contractor if not identified in the bid specifications.
4.15 Insurance:
The Contractor shall maintain insurance levels as required in the DOA 3054 Standard Terms and Conditions – Section
23.0. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract.
The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general and automobile liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.
4.16 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.
4.17 Subcontracting:
• 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.
• 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.
• Subcontractors must abide by all terms and conditions under this Contract.
• If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.
4.18 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.
4.19 Activity Reports:
Contractor must 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 bid
• Prices per the Contract
4.20 Contract Termination:
• The University may terminate the Contract at any time, without cause, by providing 5 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.
• 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, failure to provide any of the Terms, Conditions or Specifications.
• 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.
• 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, the University has the right to cancel and terminate the Contract without notice.
• 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.
• All notices of performance failure must be submitted in writing to the Purchasing Office- 21 NORTH PARK STREET - SUITE 5301 - MADISON, WI 53715. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.
4.21 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.
4.22 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. Resulting Contract Award B. This Original Request Bid 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 Department; 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. 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. Specifications
5.1 Bid Response:
See Section 6 for the minimum acceptable specifications for items/services desired.
UW Specifications may not be revised without an official written amendment issued by Purchasing.
The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested. Adequate detailed specifications of the items/services being offered or bid should be included with your bid to ensure that the items/services being bid can be compared to determine if the items/services meet all specifications.
If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for each item/service being bid. These will be used to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders’ responses.
5.2 Warranty:
Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder should provide warranty and service level information in the TECHNICAL RESPONSE QUESTIONS and should enclose standard warranty documents with your bid.
5.3 NRTL Certification:
The University strives to make sure all equipment purchased has the appropriate United States (US) NRTL certification (Nationally Recognized Testing Laboratories (NRTLs) | Current List of NRTLs | Occupational Safety and Health Administration (osha.gov)). Bidders should provide a list of all NRTL certifications their proposed product has achieved in their bid/proposal response. The University reserves the right to add the costs associated with acquiring an independent US NRTL certification to the submitted bid price to establish comparable costs across all responses. Preference may be applied to products that will have US NRTL certifications prior to shipment.
5.4 Emergency Situations:
In the event of an emergency situation (pandemic, snowstorm, etc.), Contractor must be prepared to supply the University with the items/services on this bid as required. An emergency preparedness plan to serve the University, and the items/services that are available to meet emergency needs, must be provided if requested by the University.
Minimally, this plan should include emergency contract information, product and service level availability, staffing, equipment, and logistics plan.
5.5 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. NOTE: Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.
5.6 Purchased Services – USA Requirement:
The State of Wisconsin requires purchased contractual services to be performed in the United States (Wis Stats 16.705 (1r)). Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform services in the United States shall be grounds for disqualifying your bid for this contract.
5.7 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.
https://www.osha.gov/dts/otpca/nrtl/nrtllist.html https://www.osha.gov/dts/otpca/nrtl/nrtllist.html
6. Technical Requirements
Scope:
ENVIRONMENTAL LABORATORY TESTING SERVICES AND SUPPLIES, including testing for asbestos, lead, and Polychlorinated Biphenyls (PCBs), is crucial for ensuring a safe environment, particularly in older buildings, of which the UW campus has a lot of. Asbestos, lead, and PCBs can pose significant health risks if disturbed or inhaled, and testing materials for these types of environmental hazards involves specialized procedures and often requires professional assessment and laboratory analysis. As a result, the University of Wisconsin-Madison seeks to establish a contract for ENVIRONMENTAL LABORATORY TESTING SERVICES AND SUPPLIES to support the operation of the Environment, Health & Safety Department, a Division of Facilities Planning & Management. The awarded vendor(s) will be responsible for meeting the requirements outlined below.
Service Requirements:
• Asbestos Laboratory Services If bidding on Asbestos Laboratory Services, laboratory should have the ability to provide asbestos analysis for Air, Water, Bulk, and Dust samples, at a minimum.
• Lead Laboratory Services If bidding on Lead Laboratory Services, laboratory should have the ability to provide lead analysis for Air, Bulk, and Hazardous Waste samples, at a minimum.
• Polychlorinated Biphenyl (PCB) Laboratory Services If bidding on Polychlorinated Biphenyl (PCB) Laboratory Services, laboratory should have the ability to provide PCB analysis for Air and Bulk samples, at a minimum.
Reporting Requirement:
If bidding on services, laboratory must have the ability to deliver reports by email.
Shipping Requirements:
• Shipping of samples to be tested If bidding on services: Laboratory shall provide free sample shipping (in the form of a pre-paid shipping label), FOB Destination, delivery charges and risk of loss shall be borne by the Contractor. If bidding other than FOB Destination, as stated, FOB point and shipping charges must be identified with bidder’s submitted pricing. This additional cost will be added to the bid total and will serve as the basis for determining the award. Failure to bid FOB Destination delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.
• Shipping of supplies If bidding on supplies: All deliveries shall be FOB Destination, delivery charges and risk of loss shall be borne by the Contractor. Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to a designated interior/ground floor space 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 FOB Destination, as stated, FOB point and shipping charges must be identified with bidder’s submitted pricing. This additional cost will be added to the bid total and will serve as the basis for determining the award. You may be asked to Indicate the Country of Origin and Shipping Point. Failure to bid FOB Destination delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.
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