22-BD8149 Marching Band Woodwind and Brass Instruments.pdf

University of Wisconsin River Falls

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Brandee Drinken

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: 22-BD8149

ISSUE DATE: 10/03/2022

DUE DATE: 11/10/2022 @ 2pm

If NO BID (check here) ☐and return.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the University Procurement. Unless otherwise noted, public openings will be on the date and time specified. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made.

Marching Band Wind Instruments

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

1 SUBMITTAL INSTRUCTIONS

1.1 Bid Response Requirements

2 GENERAL INFORMATION

2.1 Purpose

2.2 Scope

2.3 Definitions

2.4 E-Supplier Registration

2.5 Orders

2.6 Electronic Commerce/Online Ordering

2.7 Campus Delivery Requirements

2.8 Parking

2.9 Promotional Materials/Endorsements

2.10 Energy Star

2.11 Discriminatory Boycotts of Israel

2.12 Supplier Diversity

2.12.1 Minority Business Enterprise Program (MBE)

2.12.2 Woman-Owned Business Enterprise Program (WBE)

2.12.3 Disabled Veteran Owned Business Program (DVB)

2.12.4 VETERAN-OWNED BUSINESS Program (VB)

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Contract Term

3.4 F.O.B. Job Site

3.5 Proprietary Information

3.6 Accommodations for Individuals with Disabilities

3.7 Method of Bid

3.8 Method of Award

4 BIDDER QUALIFICATIONS

4.1 Bidder Information

4.2 Bidder Experience

4.3 Authorization

4.4 Client List / References

4.5 Fair Price Analysis

4.6 Minimum Order

4.7 Debarment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

5.2 F.O.B

5.3 University Imports

5.4 Requirements for Criminal Background Checks

5.5 Timeliness of Delivery

5.6 Item Return Policy

5.7 Additional Items/Services

5.8 Invoicing Requirements

5.9 Payment Terms

5.10 Shipments, Duplicates and Over shipments

5.11 Training

5.12 Insurance

5.13 Subcontracting

5.14 Activity Report

5.15 Contract Termination

5.16 Other Eligible Purchasers

5.17 Record and Audit

5.18 Entire Contract

5.19 Travel Per Diems

6 SPECIFICATIONS

6.1 General Specifications

6.2 Warranty

6.3 Maintenance or Repair

6.4 Contracting With Other Vendor

6.5 Trade-In

6.6 Demonstration Equipment

6.7 Employee Identification

7 ATTACHMENT A – BIDDER RESPONSE SHEET

8 ATTACHMENT B – ITEMIZED BID LIST

9 ATTACHMENT C – VENDOR INFORMATION FORM

10 ATTACHMENT D – CLIENT REFERENCE LIST

11 ATTACHMENT E – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MAY BE EMAILED TO: bids@uwrf.edu

BIDS MAY BE MAILED TO:

University of Wisconsin River Falls

Purchasing Services – Attn: Brandee Drinken

410 S. 3rd Street

220 North Hall

River Falls, WI 54022

NUMBER OF COPIES TO BE SUBMITTED:

One (1) hard copy of the completed bid, including the signed original, may be mailed, delivered by Bidder, or by a third-party/courier service in a sealed envelope or package with the RFB number on the outside: 22-BD8149. Bids must be received and date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

The University accepts completed bids e-mailed to bids@uwrf.edu provided (i) they are date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Late bids shall be rejected.

Submitting a bid to any other e-mail address than bids@uwrf.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission doesn't constitute proof of receipt. The subject line should indicate the bid number. UW-Stout will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable.

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

Multiple bids from a vendor will be permissible; however, each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

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.

1. One electronic copy of fully completed signed bid. Only emailed bids will be accepted. Bids must be received, and date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

2. Request for Bid Form (signed) (Page 1 of this document)

3. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)

4. Itemized Bid List (Attachment B) mailto:bids@uwrf.edu mailto:bids@uwrf.edu mailto:bids@uwrf.edu

5. Vendor Information Form (Attachment C)

6. Client Reference List (Attachment D)

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin River Falls, hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of the Department of Music hereinafter referred to as "Music” requests bids for the purchase of Wind Instruments for our Marching Band.

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

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

2.2 Scope

The University of Wisconsin – River Falls is requesting bids for Wind Instruments for Marching Band. The Music department will be starting up a marching band that is scheduled to be in full performance in the fall of 2023.

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

2.3 Definitions

The following definitions are used throughout this document:

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

Bid means Request for Bid.

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

Contractor means successful Bidder awarded the bid.

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

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Procurement means the Procurement Office in the Division of Business and Finance responsible for the procurement of goods and services on University of Wisconsin - River Falls campus, located at 410 S 3rd Street, River Falls, WI 54002.

State means State of Wisconsin.

University and UW both mean University of Wisconsin – River Falls

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.

WBE means Woman-Owned Business Enterprise.

Winds means anything using wind (all Brass, all woodwinds)

2.4 E-Supplier Registration

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

https://esupplier.wi.gov Registration allows a vendor to:

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

• Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin

System campuses, posts a Request for Bid (BID) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

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

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.).

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

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

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

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

Delivery of orders shall be made to University Central Receiving, 716 Wild Rose Ave, River Falls, WI 54022, Monday through Friday from 7:30 am to 3:15 pm.

https://esupplier.wi.gov/

2.8 Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through University Facilities Management and Parking Office. 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 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.

2.12 Supplier Diversity

2.12.1 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 Colleges and Extension is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/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.

2.12.2 Woman-Owned Business Enterprise Program (WBE)

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx

2.12.3 Disabled Veteran Owned Business Program (DVB)

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

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

A listing of certified DVBs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx

2.12.4 VETERAN-OWNED BUSINESS Program (VB)

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

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

http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx http://dva.state.wi.us/

3 BID 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 are required to e-mail written questions to the Agent by the due date listed in section 3.2.

Questions received after this date will not be answered.

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

ADMINISTRATIVE:

Brandee Drinken

UWRF Purchasing Services 410 South 3rd Street

River Falls, WI 54022 E-mail: brandee.drinken@uwrf.edu

PHONE 715-425-4597

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

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

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

3.2 Applicable Dates

Date

10/03/2022

10/14/2022

10/28/2022

11/10/2022 -- 2:00 PM CST/CDT

Event

Date of Issue of the Bid

Written questions due

Q & A’s Posted (Approximate Date)

BID Due Date (CST/CDT) mailto:brandee.drinken@uwrf.edu

3.3 Contract Term

The initial term of this contract shall be date of award through June 30, 2023. This contract will be automatically renewed for two (2) additional one-year terms unless termination clause 5.15 is optionally utilized. Contract end date will be June 30, 2025

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

3.6 Accommodations for Individuals with Disabilities

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact Brandee Drinken at brandee.drinken@uwrf.edu or 715-425-4597 to make a reasonable accommodation request.

3.7 Method of Bid

Bidder must submit Attachment B – Itemized Price Sheet. Bidder shall complete Itemized Price Sheet as instructed on the Itemized Price Sheet. If submitting a bid for an alternate, Bidder shall include manufacturer, and catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items offered must be included with your bid to establish equivalency.

3.8 Method of Award

The bid award will be made on the basis of the lowest price, responsive, responsible Bidder.

Prices bid shall be in US Dollars unless otherwise indicated. Bids that require specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The University intends to award to one Bidder, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

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.

mailto:brandee.drinken@uwrf.edu

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 (Attachment A).

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

The Bidder (company or its principals) must be in the business of providing Woodwind and Brass Instruments for Marching Band and must have done so for the past 5 years

4.3 Authorization

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer.

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 Bidder Required Form, DOA- 3832). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.5 Fair Price Analysis

Purchases made under this contract may require further fair price analysis. Bidders must identify on the Bidder Response Sheet the type of documentation they will provide (i.e. published price list, list of previous buyers, etc.)

to allow the University to complete this analysis. The awarded Bidder will be required to provide this documentation prior to the order being issued.

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

4.6 Minimum Order

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

4.7 Debarment

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

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

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

Price increase request proposed after the initial Contract term, along with an updated Price List, must be received by Procurement in writing ninety (90) calendar days prior to 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 Procurement deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase request with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract.

5.2 F.O.B.

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

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at 716 Wild Rose Ave, River Falls, WI 54022. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Itemized Bid List. This additional cost will be added to the bid total and will serve as the basis for determining the award.

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 delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

5.3 University Imports

Bids must include costs from bidder’s door to port of destination and local delivery charges (DDP – Delivered Duty Paid; Incoterms 2022). Custom Charges/Fees should be itemized on the Itemized Bid List (Attachment C). 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.

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

5.4 Requirements for Criminal Background Checks

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.

5.5 Timeliness of Delivery

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

The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within five (5) working days of receipt of order or release against existing order(s).

5.6 Item Return Policy

Contractor should provide for return of items ordered in error for up to 30 calendar days from receipt with the University paying only the return shipping costs. Bidder should indicate in detail on the Bidder Response Sheet their company’s return policy.

5.7 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.

5.8 Invoicing Requirements

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) match 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 Accounts Payable; 410 S. 3rd Street; Room 220 North Hall; River Falls, WI 54022 or emailed to accountspayable@uwrf.edu unless the customer identifies and establishes a different bill-to location.

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

5.9 Payment Terms

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

5.10 Shipments, Duplicates and Over shipments

Upon notification by the University of a duplicated order or over shipment, the items identified must be removed at the Contractor's expense. If the duplicated or over shipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items

5.11 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.

5.12 Insurance

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section

22.0 for the equipment listed in Section 2.2 for transport and unloading. A certificate of insurance must be provided upon request, and 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 liability policies. The certificate holder shall be listed as the University of Wisconsin- System Administration or System campus for their respective purchases.

Additional insurance requirements for this bid are required as defined within the following link and a Certificate of Liability with appropriate coverage levels must be provided prior to beginning work.

https://www.wisconsin.edu/risk-management/manual/vendor-certificates/#cus mailto:accountspayable@uwrf.edu https://www.wisconsin.edu/risk-management/manual/vendor-certificates/#cus

5.13 Subcontracting

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

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

Subcontractors must abide by all terms and conditions under this contract.

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

5.14 Activity Report

Contractor should, be able to report on a semi-annual basis all items/services purchased against this contract during the designated report period including by 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

5.15 Contract Termination

• 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. The compensation for such partially completed work shall be no more than the percentage of completion of each work effort, as determined in the sole discretion of the State, times the corresponding payment for completion of such work as set forth in the State’s order(s).

• In addition, the University reserves the right to terminate the resulting contract/agreement for reasons of breach of contract, by giving written notice to Contractor of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination.

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

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

• Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard

Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

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

• All notices of performance failure must be submitted in writing to Purchasing, 310 S. 3rd Street; Room 220 North Hall; River Falls, WI 54022. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department

5.16 Other Eligible Purchasers

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities shall be eligible to purchase off of 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.

5.17 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.

5.18 Entire Contract

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

A. Contract Award Letter

B. Original Request Bid Number 22-BD8149, dated October 2, 2022 including amendments/attachments

C. Bidder response to BID.

D. Official Purchase Order (when applicable)

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

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

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

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

A Word copy of this exceptions document must be submitted with your electronic bid response.

5.19 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 any additional amount for this purpose

6 SPECIFICATIONS

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

6.1 General Specifications

The Bidder’s response must be clearly identified as requested on the Itemized Bid List. Adequate detailed specifications of the items/services being offered or bid should be included with your bid to insure that the items/services being bid can be compared to determine if the items/services meet all specifications.

If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid.

These will be used to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

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

6.2 Warranty

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

Contractor is requested to provide a copy of maintenance contracts and quote on maintenance available after expiration of the warranty term. Include terms, which components shall be covered and annual cost on the Itemized Bid List or on attachments to the bid response as necessary.

6.3 Maintenance or Repair

Service and/or maintenance of this equipment may be required. Indicate on the Bidder Response sheet whether work is performed on your site or ours, response time on any work requested, the number of miles your site is from ours, if work if performed on your site.

Contract must perform all maintenance on site unless University grants permission to remove equipment from site.

Contractors must have access to replacement parts within ten (10) business days to service all products identified under this bid.

Service calls received in the a.m. must be acknowledged in p.m. of the same day or p.m. must be acknowledged by noon the following work day, and products must be serviced within seventy-two (72) hours of initial call. The service representative shall leave the ordering department a copy of a dated written report indicating the service performed. The report must be signed by the University employee in charge of the machine.

6.4 Contracting With Other Vendor

Purchasing shall have the option to contract with another vendor to repair or service machines if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.5 Trade-In

The Itemized Bid List shows the exact model/serial number(s) of the trade-in. Arrangements should be made to inspect the equipment with the technical contact person listed in Section 3.1. If trade-in option is awarded, Contractor will remove trade-in equipment at the time of installation of new equipment at no extra charges to the University.

6.6 Demonstration Equipment

Demonstrator product (non-reconditioned, refurbished or remanufactured models) shall be acceptable for this bid if full new product warranties are offered.

6.7 Employee Identification

All Contractor’s employees, while working on University property, must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

7 ATTACHMENT A – BIDDER RESPONSE SHEET

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

YES NO

SUBMITTAL INSTRUCTIONS

Have you included (1) complete set(s) of your bid

1.1 Have you completed and returned all forms required?

2.5 What order method will you accept orders against this contract:

E-mail Fax Internet Mail Phone Other: ______________________________________________

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

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

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

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

2.10 Which of your items meet the Energy Star requirements?

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

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

4.2 Are you in the business of providing scanning electron microscopes and has your company done so for the past 5 years?

4.3 Are you:

a) an original manufacturer for the product lines being bid?

b) an authorized distributor for the products/product lines being bid?

c) a dealer authorized by manufacturer?

d) do you have service and repair capabilities for the item(s) being bid?

(Identify account number with manufacturer, as applicable.)

Account # ___________________________

4.4 Have you provided provide a client list? (see Attachment E)

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

4.6 Do you agree to no minimum order quantity or dollar amount?

4.7 Do you certify that neither your organization nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency?

Firm Prices

5.1 Do you agree to firm prices as stated?

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

Country of Origin ___________________________________________ Shipping Point ____________________________________________

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

5.5 Can you meet delivery requirement?

If not, state delivery time ____ days After Receipt of Order (ARO).

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

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

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

5.8 Will you agree that all invoices will reflect prices established for items on this Contract for all orders placed even though the Contract number and/or correct prices may not be referenced on each order?

Will you accept orders placed using a Purchasing Card?

If YES, orders placed using a purchasing card must reflect current contract pricing.

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

5.10 Do you agree to terms regarding duplicates and over shipments?

5.11 Will you provide instructions on set-up and operation as required?

5.12 Will you provide insurance…