22-5389 RFB.docx

Contract No.: 22-5389 University of Wisconsin Madison, Wisconsin 53715-1218

University of Wisconsin – Madison Request for Services

THIS IS NOT AN ORDER

Agent: Brad Bauman Questions regarding this bid – see Section 3.1.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 22-5389 Issued Date: 02/01/2022 Due Date: 02/22/2022 If NO BID ☐ and return.

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

All bid openings will not be done in a public setting due to the Covid-19 pandemic. Results will be e-mailed to all responding bidders as soon as possible after the time and date of the stated bid opening. Bidders can make arrangements to review the bid file at a later date.

BOILERMAKER AND MILLWRIGHT SERVICES

For the period March 1, 2022 through February 28, 2025 and will be automatically renewed for two (2) additional one-year terms.

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

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

Table of Contents

1. Submittal Instructions

ONLY EMAILED BID RESPONSES WILL BE ACCEPTED.

All completed bids must be e-mailed to bids@bussvc.wisc.edu, with the RFB number and vendor name in the subject line. Bids must be received and date/time stamped prior to 2:00 p.m. Central Time (CT) on the stated bid due date.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Submitting a bid to any other e-mail address than bids@bussvc.wisc.edu does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions of signature pages should be a scanned copy of the document with ACTUAL signatures and initials (or electronic signatures) and should be received prior to 2:00 p.m. CT on the stated due date.

Contact Purchasing Services Agent listed in Section 3.1 for assistance.

The Maximum file size that can be accepted is 25MB. Please consider sending your submission as a zip file.

1.1. Bid Response Requirements:

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

7. Current W-9 (IRS Form may be found here: https://www.irs.gov/pub/irs-pdf/fw9.pdf )

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

2.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, on behalf of Facilities Planning and Management, hereinafter referred to as “Department” or “FP&M”, requests bids for the purchase of BOILERMAKER AND MILLWRIGHT SERVICES.

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

The two heating and cooling plants on the UW-Madison campus require extensive maintenance services if they are to maintain reliability and stay within their permit requirements. This is a core service of state government in that the availability of the equipment in the plants must be able to perform in the manner intended to heat and cool the campus buildings, which include hospitals, dorms, research animals and research projects.

The services needed include boiler and pressure vessel repair, steam system repair, chiller repair, air compressor repair, boiler service, industrial control maintenance and repair. Contractors performing these services must be highly skilled in their area of expertise and will be monitored by the Facilities Planning and Management Power Plant Superintendents.

This contract is for BOILERMAKER AND MILLWRIGHT services as needed by the University. Single jobs shall not exceed the maximum limits allowed under Limited Trades Policies and statutes. This work falls under the definition of “limited trades work” as defined in Wis. Stats. Ch. 16.70(7). See DEFINITIONS, following.

The University will designate a staff person, hereinafter referred to as the “Owner Representative”, to coordinate the services of the Contractor.

All work must be performed in accordance with the State of Wisconsin, Department of Administration (DOA), Division of Facilities Development (DFD), Master Specifications.

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2.1.

2.2. Scope:

See Specifications (Section 6) and (Attachment B) 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.

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

2.3. Definitions:

The following definitions are used throughout this document:

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

Apprentice means an individual who is under a State of Wisconsin indentured apprenticeship program in their related field.

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.

Department and FP&M both mean UW-Madison’s Facilities Planning and Management.

DVB means Disabled Veteran-Owned Business.

Journey Worker means an individual who has satisfactorily completed the levels of apprenticeship and training to receive a State of Wisconsin certification under this classification.

Limited Trades means maintenance work consisting of the repair or replacement of existing equipment or building components with equipment or components of the same kind, if the work is not dependent upon the design services of an architect or engineer, and does not alter or affect the performance of any building system, structure, exterior walls, roof or exits, or the fire protection or sanitation of the building. "Limited trades work" includes decorative and surface material changes within a building and minor preventive maintenance to ancillary facilities such as drives, sidewalks and fences.

MBE means Minority Business Enterprise.

Nondestructive testing means the ability to diagnose equipment problems without destroying the equipment.

Nonproductive workers means Contractor’s employees which include, but are not limited to, supervisors, pre-apprentices, or other material handlers leaving materials or equipment at the job site.

Physical Plant means the department within the Division of Facilities Planning and Management (FP&M) responsible for the operation and maintenance of all University buildings.

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

RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

2.4. 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:

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

2.4.2. Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (RFB) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

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

2.5. Orders:

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

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

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

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

2.6. Electronic Commerce/Online Ordering:

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

2.7. Campus Delivery Requirements:

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

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2.6.

2.7.2. The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at: https://deh3q06fonbca.cloudfront.net/wp-content/uploads/sites/28/2018/03/Large-Truck-Policy.pdf

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

2.8. Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Transportation Services at 610 N. Walnut Street, WARF Building Room #120, Madison, WI 53726, (608) 263-6667. 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.

2.9. 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.

2.10. 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 on the Bidder Response Sheet.

2.11. Supplier Diversity:

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2.10.

2.11.1. Minority Business Enterprise Program (MBE)

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

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

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

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

2.11.2. Woman Owned Business (WBE)

The State of Wisconsin is committed to the promotion of Woman-Owned Businesses as outlined in 560.035, Wisconsin Statutes.

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Administration should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

2.11.3. Disabled Veteran Owned Business (DVB)

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

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

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

2.12. Discriminatory Boycotts of Israel:

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

3. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contact:

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

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

ADMINISTRATIVE:

Brad Bauman

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: brad.bauman@wisc.edu

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

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

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

3.2. Applicable Dates:

02/01/2022

Date of Issue of the RFB

02/08/2022

Written questions due

02/22/2022 – 2:00 PM CT

RFB Due Date (Local Madison Time)

3.3. Term of Contract:

The initial term of this contract shall be March 1, 2022 through February 28, 2025. 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, ninety (90) calendar days prior to expiration of the initial and/or succeeding Contract term(s).

3.4. 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.

3.5. Proprietary Information:

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

3.6. Reasonable Accommodations:

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

3.7. Appeals Process:

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

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

The Office of the Chancellor

The University of Wisconsin-Madison

500 Lincoln Drive

Madison, Wisconsin 53715-1218

With a copy to:

Director of Purchasing Services

University of Wisconsin-Madison

21 N Park St, Suite 6101

Madison, Wisconsin 53715-1218

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

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

3.8. Method of Bid:

Bidder must submit a net unit price and extended net total for the services specified. Prices listed should be in US dollars unless otherwise indicated. Bidders may bid on a single, multiple or any combination of lots.

3.9. Method of Award:

Award(s) shall be made on the basis of the lowest net unit price and extended net total 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. The University intends to award by lot and may award to multiple bidders in each lot to ensure the needs of the University are met.

3.9.1. The 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 Contractor'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 Contractor's performance demonstrates that the Contractor 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.

3.9.2. A demonstration or review of 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.

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

4.1. Bidder Information:

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

4.2. Bidder Experience:

Bidder company or its principals must be in the business of providing BOILERMAKER AND MILLWORK SERVICES in each lot that they submit a bid for and must have done so for the past three (3) years. Bidders may be required to provide evidence of meeting this requirement.

4.3. Client List/References:

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

4.4. Fair Price Analysis:

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

4.5. Minimum Order:

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

4.6. Debarment:

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

5. Performance and Contract Requirements

5.1. Firm Prices:

5.1.1. Labor Rates: Prices bid must remain firm for the first year (365 calendar days) of this contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.1.1. Regular Hourly Wage Rate Increases: Price increase requests for wage rate increases must be received by Purchasing in writing at least sixty (60) calendar days prior to the beginning of the next and subsequent years of the contract 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. Acceptance of the price increases will be in the form of an amendment to the Contract publication.

5.1.1.2. Overtime Hourly Wage Rate Increases: Increase(s) in the overtime-hourly rate shall be granted only when a regular time hourly rate is granted. All overtime shall not exceed a maximum of 150% (time and ½) of the single hourly rate identified on the Contract publication.

5.2. F.O.B. Destination and Installed:

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

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

Failure to bid FOB Destination Installed delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

5.3. On Site Service:

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

5.4. 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. Proposers, 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.

Current UW-Madison established requirements for Vendors/Suppliers can be found here.

5.5. Requirements for Criminal Background Checks:

5.5.1. 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.

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.

5.6. Additional Services:

Additional related services may be added to this Contract at the discretion of Purchasing. Prices shall be consistent with the Contract prices for like services currently included in the Contract. Contractor should promptly notify Purchasing of new or discontinued services.

5.7. Invoicing Requirements:

5.7.1. 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:

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

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

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

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

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

5.7.2. Invoices for Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.7.1. and should be sent to the address given at the time of the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.

5.7.3. An information copy of invoice, with required attachments, must be sent to the Ordering Department contact person who places orders against this Contract, if requested. That person is not located at 21 N. Park St. The Contractor must determine the proper mailing address for the information copy. This information will be available at the time a contract standing order or a “purchasing card” order is placed.

5.7.4. Contractor must submit invoices on a “per job” basis or as mutually agreeable with the person placing the order. Where releases are given, each release defines the scope of the job; one release per job.

5.7.5. If service is provided on a time and material job estimate, Contractor shall provide an itemized invoice showing a breakdown of charges including type of service, hours worked, hourly rates and material purchases. Invoices shall not exceed the time and material estimate amount unless prior written approval has been granted by the Ordering Department. For specific orders, any change to the scope of the job that results in a change to the time and material estimate must be in the form of an official written change order. The following shall be included with the invoice:

5.7.5.1. Labor: List the number of workers on the job, the number of hours worked, the hourly rate per the contract. If overtime charges were pre-approved by Ordering Department, Contractor’s overtime rates invoiced shall not exceed a maximum of 150% (time and ½ ) of the single hourly rate identified on the Contract publication.

5.7.5.2. Materials: An itemized list of materials used for the job with a copy of the Contractor-paid invoice and their net unit and total prices. Net unit prices for all materials listed should include the sales tax paid for that material. Contractor’s sales tax must not be shown as a separate line item on its materials itemization. Contractor’s invoices shall show contractor’s material costs plus quoted percent markup.

5.7.6. Equipment Rental: A list of equipment rented; a copy of the Contractor-paid equipment rental invoice shall accompany the Contractor's invoice. Contractor’s invoice shall show Contractor-paid rental cost-plus quoted percent markup.

5.7.7. Invoices submitted without this information will be returned for entry of the missing information and will not be paid until properly completed.

5.7.8. If service is provided as the result of a firm quote (not to exceed the quoted amount), Contractor may invoice the firm quote amount without further itemization. Invoices shall not exceed the firm quote amount unless prior written approval has been granted by the Ordering Department. For specific orders, any change to the scope of the job that results in a change to the firm quote must be in the form of an official written change order.

5.7.9. Costs for pre-approved subcontracting (See Section 5.13.) shall be shown on the invoice as a pass-through cost without markup or additional charges. A copy of the subcontractor's invoice shall accompany the Contractor's invoice.

5.7.10. Contractor must agree that all invoices will reflect the prices established for the services on this Contract for all orders placed by the University even though the Contract number and/or correct prices may not be referenced on each order.

5.8. Payment Terms:

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

5.9. Training:

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

5.10. Insurance:

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

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

5.11. W-9 Form:

All suppliers are required to submit a current W-9 for the University to set up a supplier file. Below is a link to the current IRS form. https://www.irs.gov/pub/irs-pdf/fw9.pdf

5.12. Performance Meetings:

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

5.13. Subcontracting:

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

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

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

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

5.14. 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. In some cases, truck, travel, and trip charges may be paid at actual cost with prior approval from authorized Ordering Department Manager. Contractor must provide receipts for all expenses incurred within 8 days to Ordering Department. Under no circumstances will truck, travel, or trip charges be made at cost-plus markup scenario.

5.15. Activity Reports:

Contractor must be able to report on at least an annual basis all items/services purchased against this contract during the designated report period, including but not limited to:

· Date of order/release

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

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

· Prices per the Contract

5.16. Contract Termination:

5.16.1. The University may terminate the Contract at any time, without cause, by providing 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.

5.16.2. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to, failure to provide any of the Terms, Conditions or Specifications.

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

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

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

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

5.17. Other Eligible Purchasers:

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

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

5.18. Record and Audit:

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

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

5.19. Entire Contract:

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

A. Contract Award Letter B. Original Request Bid Number 22-5389, dated 02/01/2022 including amendment/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

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.

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

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

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

6.1. Contract Limitations:

This contract is limited so no single job shall have a total cost, including all parts and labor, greater than the limits set by the State of Wisconsin Limited Trades Policies and Statute. Where releases are given, each release defines the scope of a job; one release per job.

6.1.1. For Services: Single jobs shall not exceed a total cost of $30,000.00. Work falls under the definition of “limited trades work” as defined in Wis. Stats. Ch. 16.70(7). See “Definitions”, Section 2.2.

6.1.2. Equipment: No equipment shall be purchased against this Contract.

6.1.3. Tools: Contractor shall not invoice the University for any tools needed to perform work under this Contract.

6.2. Warranty:

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder should indicate warranty term on Bidder Response Sheet and should enclose standard warranty documents with your bid.

6.3. Service Hours:

Bid must include labor and travel time during stated service hours. University services hours shall be defined as 7:30 a.m.