21-GW8144 RFB 10.07.20.docx

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Attached to
Livestock Feed and Feed Supplements for UW-River Falls' Mann Valley Farm
Solicitation number
21-GW8144
Issued by
Wisconsin

About this file

This is a Request for Bid (RFB) issued by the University of Wisconsin-River Falls Purchasing Services Department on behalf of Mann Valley Farm & Campus Lab Farm for the procurement of livestock feed and feed supplements. The bid solicits responses for six primary feed formulations—UWRF Dairy Protein, UWRF Pre-Fresh Grain, UWRF Gestation Ration, UWRF Calf Grower, UWRF Dry Cow-Heifer, and Ampli Calf STR 20 B60—with an estimated combined annual volume of 550 tons. The bid was issued on October 7, 2020, with a due date of October 28, 2020, at 2:00 p.m. CST/CDT. Written questions were due by October 13, 2020, with answers posted by October 19, 2020 (approximate). No public opening is scheduled. The initial contract term is one year from the date of award, with automatic renewal for four additional one-year terms unless the termination clause is exercised. The University reserves the right to conduct an interim award with a trial period of up to six months before making a final contract award to assess supplier performance.

Pricing must remain firm throughout the initial term and all renewal periods, with the percent markup quoted in the bid remaining fixed while the cost per ton floats with market conditions and contains only raw materials costs. All bids must be submitted via email to bids@uwrf.edu in F.O.B. Destination format with delivery charges and risk of loss borne by the supplier. Bidders must provide a minimum of twelve onsite nutritional consultations annually, included in the feed price, and maintain facilities within a 50-mile radius of River Falls, Wisconsin. Suppliers must agree to provide corn storage onsite for UWRF-grown corn at a negotiated storage fee based on bushels stored. Award will be made to the lowest extended net total bidder judged to be in the best interest of the University. All University of Wisconsin System campuses, State of Wisconsin agencies, and Wisconsin municipalities are eligible to purchase from the resulting contract. Supplier diversity preferences apply, with potential 5% price preferences available for certified Minority Business Enterprises (MBE) or Disabled Veteran-Owned Businesses (DVB).

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University of Wisconsin-River Falls

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Greg Wertheimer

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: 21-GW8144

ISSUE DATE: 10/07/20

DUE DATE: 10/28/20

If NO BID (check here) and return.

Bid pricing mark-up % over cost and terms shall be firm for the term of the contract, unless otherwise specified in this Request for Bid by University Procurement. Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made.

There will be no public opening.

Request for Livestock Feed and Feed Supplements Bids

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

1SUBMITTAL INSTRUCTIONS5
1.1Bid Response Requirements5
2GENERAL INFORMATION5
2.1Purpose5
2.2Scope6
2.3Definitions6
2.4E-Supplier Registration7
2.5Orders7
2.6Campus Delivery Requirements7
2.7Promotional Materials/Endorsements7
2.8Energy Star7
2.9Discriminatory Boycotts of Israel8
2.10Supplier Diversity8
2.10.1Minority Business Enterprise Program (MBE)8
2.10.2Woman-Owned Business Enterprise Program (WBE)8
2.10.3Disabled Veteran Owned Business Program (DVB)8
2.10.4VETERAN-OWNED BUSINESS Program (VB)9
3BID PROCESS INSTRUCTIONS9
3.1Clarifications and/or Revisions through Designated Contact9
3.2Applicable Dates10
3.3Contract Term10
3.4F.O.B. Job Site10
3.5Proprietary Information10
3.6Accommodations for Individuals with Disabilities10
3.7Method of Bid10
3.8Method of Award11
3.9Samples and Evaluation11
3.10Oral Presentations, Product Demonstrations and Site Visits (Pre-Award)12
4BIDDER QUALIFICATIONS12
4.1Bidder Information12
4.2Bidder Experience12
4.3Client List / References12
4.4Fair Price Analysis12
4.5Minimum Order12
4.6Debarrment13
5PERFORMANCE AND CONTRACT REQUIREMENTS13
5.1Firm Prices13
5.2F.O.B13
5.3On Site Service13
5.4Requirements for Criminal Background Checks14
5.5Timeliness of Delivery14
5.6Item Return Policy14
5.7Additional Items/Services14
5.8Acceptance and Testing (Post Award)14
5.9Invoicing Requirements14
5.10Payment Terms15
5.11Shipments, Duplicates and Over shipments15
5.12Insurance15
5.13Performance Meetings15
5.14Subcontracting15
5.15Activity Reports16
5.16Contract Termination16
5.17Other Eligible Purchasers17
5.18Record and Audit17
5.19Entire Contract17
6SPECIFICATIONS18
6.1General Specifications18
6.2Item Return Policy/Defective Product18
6.3Nutrition Consulting18
6.4Labor and Travel Time19
6.5Emergency Situation19
6.6Employee Identification19
6.7Environmentally Friendly “Green” Products19
6.8Supplier Provided Corn Storage19
6.9Location19
7ATTACHMENT A – BIDDER RESPONSE SHEET20
8ATTACHMENT B - SPECIFICATIONS23
8.1UWRF Dairy Protein23
8.2UWRF Pre-Fresh Grain23
8.3UWRF Gestation Ration23
8.4UWRF Calf Grower23
8.5UWRF Dry Cow-Heifer23
8.6Ampli Calf STR 20 B6023
9ATTACHMENT C – ITEMIZED BID LIST24
9.1Cost Sheet24
10ATTACHMENT D – VENDOR INFORMATION FORM25
11ATTACHMENT E – CLIENT REFERENCE LIST28
12ATTACHMENT F – STANDARD TERMS AND CONDITIONS29

SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO: bids@uwrf.edu

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Electronic copy of the completed signed bid is the only accepted format accepted. Bids must be date/time stamped prior to 2:00 p.m. CST/CDT on the stated due date.

Bids not date/time stamped shall be considered late. Late bids shall be rejected.

Submitting a bid to any other e-mail address than bids@uwrf.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission doesn't constitute proof of receipt.

Email submissions may not be greater than 25 megabytes. Any email file greater than 25 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed bid responses were received by the Purchasing office prior to bid due date.

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

1.Only emailed bids will be accepted. Bids must be received, and date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.
2.Request for Bid Form (signed) (Page 1 of this document)
3.Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)
4.Specifications and detail for the item(s) bid (Section 6) (Attachment B)
5.Itemized Bid List (Attachment C)
6.Vendor Information Form (Attachment D)
7.Client Reference List (Attachment E)

GENERAL INFORMATION

Purpose The University of Wisconsin-River Falls hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of Mann Valley Farm & Campus Lab Farm hereinafter referred to as “Farms," requests bids for the purchase of livestock feed and feed supplements.

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

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

Scope The University of Wisconsin-River Falls Mann Valley and Campus Lab Farms are requesting bids for livestock feed and supplements including support from a qualified Nutritionist. Feed specified in this bid request is primarily for, but not limited to dairy, beef and swine operations. Combined total annual volume is estimated at 550 tons.

See Specifications (Section 6 and Attachment B) and Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

Definitions The following definitions are used throughout this document:

Agent means University Procurement Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bid means Request for Bid.

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

Supplier means successful Bidder awarded the bid.

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

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of Business and Finance responsible for the procurement of goods and services on UW-River Falls campus, located at 410 s 3RD Street.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-River Falls WBE means Woman-Owned Business Enterprise.

E-Supplier Registration Registration on the State of Wisconsin’s Wisconsin e-Supplier Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s e-Supplier Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to:

https://esupplier.wi.gov 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 (BID) 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 BID or RFP.

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

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

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

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

Campus Delivery Requirements 1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

Delivery of orders shall be made to University departments Monday through Friday from 8:00 am to 4:00 pm.

Unless otherwise noted, all deliveries should be made to:

Mann Valley Farm 129 S Glover Rd River Falls WI 54022 Promotional Materials/Endorsements Supplier agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Supplier or any party related to the Supplier or this Contract.

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

Discriminatory Boycotts of Israel Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, Supplier agrees it is not engaged in a boycott of the State of Israel and further, Supplier will not during the term of the contract engage in a boycott of the State of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

Supplier Diversity 1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

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

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/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 services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

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

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

Woman-Owned Business Enterprise Program (WBE) Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx Disabled Veteran Owned Business Program (DVB) Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Supplier is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Supplier shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx

VETERAN-OWNED BUSINESS Program (VB) The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

BID PROCESS INSTRUCTIONS

Clarifications and/or Revisions through Designated Contact All communications and/or questions in regard to this request must be in writing and must reference the bid number. Bidders are required to e-mail written questions to the Agent.

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

ADMINISTRATIVE:

Greg Wertheimer UWRF Purchasing Services 410 S 3rd St River Falls, WI 54022 E-mail: gregory.wertheimer@uwrf.edu 715-425-4730

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

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

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

Applicable Dates Date

10/07/20

10/13/20

10/19/20

10/28/20 -- 2:00 CDT

Event

Date of Issue of the Bid

Written questions due

Q & A’s Posted (Aproximate)

BID Due Date (CST/CDT)

Contract Term The initial term of this contract shall be from date of award, for a one (1) year term. This contract will be automatically renewed for four (4) additional one-year terms, unless termination clause is optionally utilized.

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.

Proprietary Information Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached Designation of Proprietary and Confidential Information Form (DOA-3027). Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). Pricing information cannot be kept confidential.

Accommodations for Individuals with Disabilities The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact Greg Wertheimer 715-425-4730 gregory.wertheimer@uwrf.edu to make a reasonable accommodation required.

Method of Bid

Bidder must submit a net unit price and extended net total for each item and a total price by lot as designated. Prices listed shall be in US dollars unless otherwise indicated. UWRF 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 State. UWRF shall be the sole judge as to the compliance with the instructions contained in this RFB.

Method of Award

3.8.1 Award(s) shall be made on the basis of the lowest extended net total for the individual line items, which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

3.8.1AThe University reserves the right to make an interim award and to require proof of performance through a “trial” period of up to six months before awarding a final Contract. During this “trial” period, the University shall review the Supplier's performance, including invoicing requirements, to ensure complete compliance with the Contract.
If deficiencies are not remedied to the complete satisfaction of the University, the “trial” period shall be canceled, and award shall be made to the next lowest responsible bidder. The final interim award decision rests with the University based upon the data it collects.
If the Supplier's performance demonstrates that the Supplier is capable of complete compliance with the contract on a continuous basis for the six-month trial period, the University shall make a final award for the contract.

3.8.1B A demonstration of item/service may be required before contract award. Location will be determined and negotiated after bids are opened but before the Contract award is made.

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

Samples and Evaluation

3.9.1Bidder may be requested to submit a no-charge, (non-returnable) sample(s) upon request after bids are opened for bid evaluation purposes or verification of item/service ordered and delivered.
3.9.2Non-returnable samples must be clearly labeled as "sample" and must be identified with the bidder's name, bid number, due date and bid item number.
3.9.3Samples requested shall be delivered to the designated location no later than the date and time specified by the University.
3.9.4Failure to deliver samples within time designated may disqualify your bid.
3.9.5All samples provided by the Bidder(s) shall be evaluated by the University in an identical manner to determine whether the items/services conform to bid specifications.
3.9.6Samples provided by the bidder and NOT meeting bid specifications shall be rejected and the bid submitted may be disqualified if the Bidder cannot provide a sample meeting specifications.

3.9.7 All samples provided under this contract become the property of the University.

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.

BIDDER QUALIFICATIONS

To be eligible for a Contract award, you must be qualified and able to provide the following as required or your bid will be disqualified. Respond on Bidder Response Sheet (Attachment A).

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

Bidder Experience The Bidder (company or its principals) must be in the business of providing livestock feed and feed supplements and must have done so for the past three (3) years.

Client List / References Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Bidder Required Form, DOA-3832). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

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

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence.

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

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

PERFORMANCE AND CONTRACT REQUIREMENTS

Firm Prices

5.1.1 Prices must remain firm for the initial term, and all renewal periods, of the contract. Prices established may be lowered due to general market conditions.

5.1.2 During the initial term and all renewals periods, the percent (%) markup quoted in Attachment C, bid list shall remain fixed. The Cost ($)/ton shall float with the market and contain no additional costs other than the raw materials cost (i.e. will not contain overhead, profit, Sales/General administrative, etc.). If there are extenuating circumstances that force the bidder to come to the University and request an exception to the firm pricing only full documented increases will be considered. The documentation must be mutually approved by both parties and in the format of the cost sheet in attachment C. If the University deems the cost increase to be unacceptable, it has the right to bid out the contract. If the price increase is accepted, an amendment will be required for the price increase to be effective.

5.1.3 Price lists should be labeled with the contract number and lot(s) if applicable, to which they apply.

F.O.B F.O.B. Destination, all deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the Supplier.

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor. Bid prices must include all packing, freight, and insurance charges, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. 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 Supplier in bid price or discount may disqualify your bid.

On Site Service In carrying out the scope of this Contract, the Supplier shall be required to perform services on University property. Bidders cost must include all transportation charges. Certificates of Liability with appropriate levels of coverage must be provided prior to beginning work.

Requirements for Criminal Background Checks

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

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

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

The Supplier is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within three (3) business days of receipt of order or release against existing order(s).

Item Return Policy Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.

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

Acceptance and Testing (Post Award) Acceptance testing will occur within five (5) days after the item/service has been delivered. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Supplier will have One (1) day to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Supplier agrees to remove the item and return any payments that may have been made.

Invoicing Requirements

5.10.1 Supplier 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:

· Supplier name

· remit to address

· purchase order number

· date of delivery and delivery location

· date of order/release

· release number if given

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

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

· prices per the Contract

· net weight of delivery 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 accountspayable@uwrf.edu unless the customer identifies and establishes a different bill-to location.

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 Supplier Net 30 as accepted by the University.

Shipments, Duplicates and Over shipments Upon notification by the University of a duplicated order or over shipment, the items identified must be removed at the Supplier's expense. If the duplicated or over shipment 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 Insurance The Supplier shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award, and on an annual basis throughout the term of the Contract.

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.

Subcontracting

5.14.1Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Sub Supplier without prior written approval by Purchasing. Upon request Supplier must provide Sub Supplier’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.
5.14.2The Supplier shall be directly responsible for any Sub Supplier’s performance and work quality when used by the Supplier to carry out the scope of the job. University reserves the right to assess Supplier damages in excess of the contract amount for Sub Supplier’s failure to perform or inability to complete required project milestones.
5.14.3Sub Suppliers must abide by all terms and conditions under this Contract.
5.14.4Sub Suppliers are to be used, the Supplier must clearly explain their participation, deliverables, and project milestones prior to commencing work.

Activity Reports Supplier should be able to report on a quarterly basis all items/services purchased against this contract during the designated report period, including but not limited to:

· date of order/release

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

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

· prices per the Contract

· net weight of delivery Contract Termination

5.16.1The University may terminate the Contract at any time, without cause, by providing thirty (30) days written notice to the Supplier. 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 Supplier pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.
5.16.2Shall 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 fifteen (15) 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.
5.16.3If at any time the Supplier performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.
5.16.4Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Supplier fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.
5.16.5If at any time a petition in bankruptcy shall be filed against the Supplier and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Supplier's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.
5.16.6All notices of performance failure must be submitted in writing to Purchasing, 410 S 3rd Street, Room 8. Purchasing shall be final authority for all performance failure determinations not resolved through the Farm.

Other Eligible Purchasers U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities shall be eligible to purchase off this contract.

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

Record and Audit The Supplier 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 Supplier related to this contract. The Supplier 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.

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

A.Contract Award Letter
B.Original Request Bid Number 21-GW8144 dated 10/07/20 including amendments/attachments
C.Bidder response to BID
D.Official Purchase Order (when applicable)

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Supplier unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this BID should be submitted with your response and alternative language proposed.

Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be held liable.

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.

SPECIFICATIONS

General Specifications The manufacturer’s items shown on Attachment B – Specifications are currently being used at the University.

· 8.1 UWRF Dairy Protein

· 8.2 UWRF Pre-Fresh Grain

· 8.3 UWRF Gestation Ration

· 8.4 UWRF Calf Grower

· 8.5 UWRF Dry Cow-Heifer

· 8.6 Ampli-Calf STR 20 B60 Adequate detailed specifications of the items/services being offered or bid must be included with your bid. Bidder may offer an alternate manufacturer items/services believed to be an equal to those listed. Any alternate items/services bid must be clearly identified by manufacturer and catalog, model or stock number. Detailed specifications of the alternate items/services offered must be included with your bid to establish equivalency and to ensure that the items/services being bid meets all specifications. The University will be the sole judge of equivalent acceptability between Bidders responses.

Failure to provide the request product specifications and information for items/services bid may disqualify your bid.

Item Return Policy/Defective Product Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the DOC paying only the return shipping costs.

The State of Wisconsin reserves the right to reject any shipments that it deems to be faulty. Such shipments shall be returned at the contractor(s) expense. The state will not be responsible for charges incurred as a result of the defective product. If the contractor(s) is then unable to furnish an acceptable product, the University may elect to purchase from another vendor such quantities as may be needed to fulfill the immediate requirement(s). Any difference in costs between the contract price and the price of such shipment(s) from another vendor shall be deducted from any monies, which may be due to the contractor.

Nutrition Consulting Supplier should provide a minimum of 12 onsite nutritional consultations per year. Supplier must coordinate and schedule dates and times with the University contact person. Nutritionist services to be included in price of feed and supplements.

Labor and Travel Time Bid must include labor and travel time during stated service hours. University service hours shall be defined as 8:00a.m. to 4:00 p.m., Monday through Friday, excluding holidays.

Emergency Situation In the event of an emergency situation (pandemic, snowstorm, etc.), supplier must provide 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. Minimally, this plan should include emergency contact information, product and service level availability, staffing, equipment, and logistics plan.

Employee Identification All Supplier’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 Supplier at the Supplier’s cost.

Environmentally Friendly “Green” Products Suppliers 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.

Supplier Provided Corn Storage The supplier shall provide for onsite storage of UWRF grown corn for use in feed formulas where appropriate. UW will pay a storage fee based on bushels stored.

Location The supplier must have facilities located within a 50-mile radius of River Falls.

ATTACHMENT A – BIDDER RESPONSE SHEET

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

YES NO

SUBMITTAL INSTRUCTIONS

1.1 Have you completed and returned all forms required? |_| |_|

2.5What order method will you accept orders against this contract:
|_| E-mail
|_| Fax
|_| Internet
|_| Mail
|_| Phone
|_| Other: ______________________________________________

Do you have the capability of putting the University’s specific pricing on a WEB site that is |_| |_| accessible to University Purchasers through a unique logon ID?

If yes, does your Website provide a means of on-line ordering with our specific |_| |_| pricing being applied automatically?

If yes, does your Order System accept Purchasing Cards for payment? |_| |_|

If yes, does your Order System provide a self-service means for the customer to track |_| |_| their order via Internet?

2.9Do you certify that neither your organization nor your principals are presently engaged in|_||_|
a boycott in the State of Israel?

Do you certify that neither your organization nor your principals will, during the term of the |_| |_| contract, engage in a boycott in the State of Israel?

3.9 Do you agree to a demonstration of the item(s) bid within the time frame specified? |_| |_|

Will you meet all the requirements for samples and evaluation? |_| |_|

4.2Are you in the business of providing livestock feed and feed supplements and has your company|_||_|
or its principals done so for the past 3 years?
Are you:
a) an original manufacturer for the product lines being bid?|_||_|
b) an authorized distributor for the products/product lines being bid?|_||_|
c) a dealer authorized by manufacturer?|_||_|

4.3 Will you provide a client list? (see Attachment E) |_| |_|

4.4What type of documentation (i.e. published price list, list of previous buyers, etc.) will you
provide to assist the University in its fair price analysis?
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________

4.5 Do you agree to no minimum order quantity or dollar amount? |_| |_|

4.6Do you certify that neither your organization nor your principals are presently debarred,|_||_|
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or agency?
Firm Prices
5.1.1Do you agree to firm prices as stated?|_||_|

5.1.2 Do you agree to firm % markup over cost? |_| |_|

5.1.3 Have you provided price lists as required? |_| |_|

Will you provide additional copies to Purchasing and University departments upon request? |_| |_|

5.2Are you bidding all prices F.O.B. Destination, delivery charges and risk of loss borne|_||_|
by the Supplier? (Be sure to read Section 5.2 carefully)

Shipping Point ____________________________________________

5.3 Are you bidding all prices On Site Service? (Be sure to read Section 5.3 carefully) |_| |_|

5.4 Do you agree with the requirements for criminal background checks? |_| |_|

5.5 State delivery time ____ days After Receipt of Order (ARO).

Will you notify ordering department of backorders, discontinuation or delays|_||_|
as stated?

5.6 Do you agree with return policy? If not, state your return policy in detail. |_| |_|

5.7 Non-listed, Related Items: Do you agree to firm % markup over cost for |_| |_| non-listed, related items.

5.9Will you agree that all invoices will reflect prices established for items on this Contract
for all orders placed even though the Contract number and/or correct prices may not be
referenced on each order?|_||_|
Will you accept orders placed using a Purchasing Card?|_||_|
If YES, orders placed using a purchasing card must reflect current contract pricing.

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

5.11 Do you agree to terms regarding duplicates and over shipments? |_| |_|

5.14 Do you agree to subcontracting terms and conditions? |_| |_|

5.15 Can you report on items purchased on this contract if requested? |_| |_|

5.17Do you agree to extending the contract to other:
University of Wisconsin System campuses?|_||_|
State of Wisconsin Agencies?|_||_|
Wisconsin Municipalities?|_||_|

Have you documented exceptions in the format requested? |_| |_|

Are you bidding items as specified on the Itemized Bid List? |_| |_|

If “NO”, include information on alternates as required in Section 6.1 with your bid response.

6.4Will you provide service during the hours of 8:00 a.m. to 4:00 p.m.|_||_|
Monday through Friday, excluding holidays as normal business hours?

6.5 Will you provide Emergency service? |_| |_|

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