22-5990 RFB.docx

Contract No.: 22-5990 University of Wisconsin Madison, Wisconsin 53715-1218

Contract No.: 22-5990 University of Wisconsin Madison, Wisconsin 53715-1218

University of Wisconsin – Madison Request for Bid

THIS IS NOT AN ORDER

Agent: DANA CASEY Questions regarding this bid – see section 3.1.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 22-5990 Issued Date: 06/21/2021 Due Date: 07/01/2021 2:00 PM CT 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.

Seed Potato Test Plot Planting and Maintenance For the period September 1, 2021 through August 31, 2022, or one (1) year after date of award, 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/wp5990.html.

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

Contents

1. Submittal Instructions

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. 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. Consider submitting your bid 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.

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

2.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of the College of Agriculture and Life Sciences Wisconsin Seed Potato Certification Program requests bids for the purchase of Seed Potato Test Plot Planting establishment and crop management. The plot to bid will consist of approximately 16.75-19.00 acres of land, working with Michigan the total field acreage could be 22-24 acres.

Current Situation:

The Department of Plant Pathology’s Seed Certification Program requires a winter test program for seed potato lots as an integral part of their seed potato programs. A 400-tuber sample for each seed lot is collected at potato harvest (September-October) for planting in these test plots. Testing samples lots are shipped to Florida/Hawaii in late October, planted in mid to late November and inspected in January for disease and mixture incidence. Over 600 samples planted on about 19 acres of land comprise each year's test.

2.2. Scope:

See Specifications Section 6 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.

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

Contractor means successful Bidder awarded the bid.

Department means UW-Madison Department of Manager MBE means Minority Business Enterprise.

DVB means Disabled Veteran-Owned Business.

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

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

2.4. 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.

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

2.5. Orders:

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

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

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

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

2.6. Electronic Commerce/Online Ordering:

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

2.7. Campus Delivery Requirements:

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

2.7.2. The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on this campus. The exceptions are trucks necessary for the delivery or pick up of perishable commodities, private construction vehicles, vehicles carrying radioactive materials, and campus service vehicles. For specific policy language, a campus map and restrictions, see the University Transportation Services website at http://transportation.wisc.edu/resources/large_truck.aspx.

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

2.8. Promotional Materials/Endorsements:

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the University endorses either the Contractor or any party related to the Contractor or this Contract.

2.9. Energy Star:

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

2.10. Supplier Diversity:

2.10.1. Minority Business Enterprise Program (MBE)

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

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

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

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

2.10.2. Woman Owned Business (WBE)

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

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

2.10.3. Disabled Veteran Owned Business (DVB)

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

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

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

2.11. Discriminatory Boycotts of Israel:

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

3. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contract:

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

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

ADMINISTRATIVE:

Dana Casey

UW Purchasing

21 N Park St, Suite 6101

Madison, WI 53715-1218

E-mail: dana.casey@wisc.edu

PHONE (608)890-3404 – FAX (608)262-4467

TECHNICAL:

Alex Crockford

E-mail: abcrockford@wisc.edu

PHONE 715-610-4668

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

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

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

3.2. Applicable Dates:

06/21/2021

Date of Issue of the RFB

06/25/2021

Written questions due

07/01/2021– 2:00 PM CT

RFB Due Date (Local Madison Time)

3.3. Term of Contract:

The initial term of this contract shall be September 1, 2021 or date of award, through August 31, 2022 or one (1) year(s) after date of award.

The University has the option to renew this contract into its second and third years. Such renewal will be by mutual agreement of University and the Contractor(s).

3.4 Site Visit:

The University, at its sole discretion, may require vendor location site visits to supplement the bids. Failure of a bidder to allow an on-site/vendor site visit may result in rejection of the bid.

3.5 Oral Presentations, Product Demonstrations and Site Visits (Pre-Award):

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

3.6 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

3.7 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.

3.8 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.

Bidding any quantity of a single item or any quality of two or more different items:

3.9 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 should be in US dollars unless otherwise indicated.

An additional price column is provided for each item identified as part of a lot. In this column, Bidders must bid their net unit price per item based on a line item award rather than a lot total award if these prices would be different based on the different types of award.

3.10 Method of Award:

Award(s) shall be made on the basis of the lowest 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.

For University Imports: See Section 5.3 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 C) 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 must be in the business of providing Seed Potato Testing services and must have done so for the past three (3) years.

4.3. Authorization:

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

4.4. Client List/References:

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

4.5. Fair Price Analysis:

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

4.6. 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. Prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.2. Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor . An acceptance of the price list change will be in the form of an amendment to the contract or letter to the Contract.

5.1.3. Price increases must be labeled with the contract number and should be submitted in the same format as the original Itemized Bid List. Any price increase requested that is not submitted in the proper format may be rejected.

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

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

Delivery and installation charges and risk of loss shall be borne by the Contractor. Items are to be installed at in the area designated by the University personnel, F.O.B. Destination Installed. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges, excluding any import/export costs. 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.

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

For University Imports: See Section 5.3 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. University Imports:

Definitions:

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.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

Bids must include costs from bidder’s door to port of destination and local delivery charges. Custom Charges/Fees should not be included in the bid price. The University will be responsible for determining Custom Charges/Fees from a University designated customs broker and adding the cost to the bid price. If these charges are identified in your bid, they will be deducted from your total bid price and the University’s estimate added instead. This adjusted total cost will serve as the basis for award.

The University will be responsible for arranging the payment of all United States Custom Charges/Fees, if applicable. The awarded Contractor must use the University's contracted customs broker, as identified on the purchase order. Customs charges will not be paid to the awarded Bidder or anyone other than the University’s designated customs broker under any circumstances, unless previously agreed to in writing by the University.

-OR-

Bids must include costs from bidder’s door to port of destination and local delivery charges. Custom Charges/Fees should be itemized on the Itemized Bid List (Attachment B). Custom Charges/ Fees will be included in the cost for the purpose of determining the lowest cost bid. The University reserves the right to compare the quoted Custom Charges/Fees with those from a University contracted customs broker and select whichever option is judged to be in the best interest of the University.

If the University is selecting the customs broker and paying the Custom Charges/Fees directly to them, the awarded Contractor must use the University's contracted customs broker identified on the purchase order.

5.4. 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.

5.5. Additional Items/Services:

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

5.6. Invoice Requirements:

Invoice for Purchase Orders:

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

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

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

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

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

· prices per the Contract

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

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

Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.6.1 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. 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.

5.8. 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.

5.9. 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.

5.10. Subcontracting:

5.10.1. 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.

5.10.2. 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.

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

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

5.11. Activity Reports:

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

· Date of order/release

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

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

· Prices per the Contract

5.12. Contract Termination:

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

5.12.2. 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: or failure to provide any of the Terms, Conditions or Specifications.

5.12.3. 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.

5.12.4. 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.

5.12.5. 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.

5.12.6. 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.

5.13. 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.

5.14. 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.

5.15. 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 22-5990, dated 06/21/2021 including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this RFB should be submitted with your response and alternative language proposed. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the bid response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

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

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

5.16. Random Sampling:

Upon delivery and before payment of the final invoice, up to 1% of the final product may be pulled from the Contractor's delivery truck and inspected to assure the University that the specifications have been met in all respects. Failure to meet any specification will mean rejection of the entire order at no cost to the University. No changes in the specifications will be permitted without written authorization from Purchasing Services.

5.17. Travel Per Diems:

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

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

See Specifications Section 6 and Itemized Bid List (Attachment B) 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. Shipment of Seed Potatoes

The University shall ship to the contractor’s facility in bags, on pallets properly identified, all seed potatoes to be handled, temporarily stored, planted, grown, cultivated and cared for by the Contractor.

6.2. Land, Equipment and Facilities

Contractor shall provide suitable land for the planting of the seed potatoes provided by the University, the estimated acreage to be agreed upon annually and the exact acreage to be determined at the time of planting. Land shall be considered suitable, in the University’s judgement, only after favorable consideration of the climate, soil type, crop history, grower experience, transportation costs, travel restrictions and local living costs for the University personnel that oversee the test. Favorable growing conditions in November through January, including low frost risk at the proposed site, are essential for the site to be used for the test.

6.3. Test Protocol/Crop Management

The University will advise the Contractor when planting is to take place, target planting November 16th – December 4th. The University will provide a draw-bar hitched seed potato planter for use for sample planting. Contractor shall furnish all other equipment, materials, and labor needed for proper soil tillage, moving pallets for unloading/field movement, planting tractor, cultivating, growing, fertilizing and application of insecticides and fungicides. Timeliness of cultural practices such as irrigation and pesticide application are of the essence, therefore, the University must approve all practices in consultation with the contractor. The University shall oversee the planting procedure to ensure the goals of the test are met and bring two staff. An additional 3 laborers are needed, which may include tractor driver.

6.4. Disposition of Potatoes

The University shall have the right to take and remove potatoes from hills planted with seed potatoes furnished by the University for the purpose of making such tests as it may desire. All potatoes except those taken by the University shall become the property of the contractor. The crop will not be harvested or destroyed by the Contractor without prior approval of the University.

6.5. Agronomy Practices

Agronomy practices of soil preparation, herbicide application, and irrigation uniformity must provide for even potato crop emergence. Plot failures related to poor tillage, sprayer damage, severe pest infestations and poor irrigation uniformity could trigger a credit on acreage fee.

6.6. Temperature Range

The ideal temperature range for December-January should range from 60 F to a max of 85 F.

6.7. Purchased Services – USA Requirement

The State of Wisconsin requires purchased contractual services to be performed in the United States (Wis Stats 16.705 (1r)). Contractor warrants that the services provided to the University under this contract will be performed in the United States. The inability to perform services in the United States shall be grounds for disqualifying your proposal for this contract.

6.8. On-Site Demonstration:

An on-site demonstration of any product may be required for evaluation purposes. This demonstration is to be without expense or obligation to the University. The University will not be liable for any loss or damage. If requested, the demonstration must occur within 20 working days or as negotiated with the Contractor.

6.9. Third Party Financing:

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

6.10. Environmentally Friendly (“Green”) Product:

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

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

SUBMITTAL INSTRUCTIONS

Country of Origin

Shipping Point

If “No”, include information on alternates as required in Section 6.0 with your bid response.

Attachment B: Itemized Bid List Per Acre Cost is to be all inclusive. Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this RFB.

Attachment C: Vendor Information Form VENDOR NOTE: ALL PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE.

1. Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Bid Name:

Telephone:

Fax

Email

Contract Renewals / Problems Name:

Telephone:

Fax

Email

Sales Representative Name:

Telephone:

Fax

Email

Ordering / Expediting Name:

Telephone:

Fax

Email

Returns Name:

Telephone:

Fax

Email

Invoice Information Name:

Telephone:

Fax

Email

Affirmative Action (see Section 17 in Standard Terms and Conditions)

Name:

Address:

City/State/Zip:

Telephone:

Fax

Email

Supplier Diversity Reporting (see Section 2.10) Name:

Address:

City/State/Zip:

Telephone:

Fax

Email

2. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, indicate below if you are a Wisconsin certified Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran-Owned Business (DVB) or Woman-owned Business Enterprise (WBE) (see websites:

https://wisdp.wi.gov/Home.aspx or http://stateuseprogram.wi.gov/section.asp?linkid=1424&locid=65).

____ Minority (MBE) ____ Work Center (WC) ____Disabled Veteran-Owned Business (DVB) ____ Woman Owned Business Enterprise (WBE) ____ Not applicable (If no answer is indicated above, we will assume that you are none of the above when making the award.)

3. Pursuant to Public Law 95-507, indicate which of the following classifications apply to your organization. All vendors are considered Large Business unless otherwise indicated (see website: www.sba.gov/). (Check √ all that apply.)

4. AMERICAN MADE: Wisconsin Statutes S. 16.754, directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. “Substantially equal” means when bids are tied or proposal scores are equal.