220007-SG Lathe Bid.pdf

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid #

22000

7-SG.

University of Wisconsin Stout – Purchasing 817 Broadway St S Menomonie, WI 54751

Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified.

Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact the person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award.

REQUEST FOR BID

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later than 6/03/2022 2:00 p.m.

Name (Contact for further information) Stephanie Ganz

Phone Date 715-232-2453 Quote Price and Delivery FOB FOB Destination

Fax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit Description Price

Per Unit

Total

Payment

Terms Net30 Delivery

Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.

Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-5462.

Wis. Stats. 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. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States. Yes No Unknown In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement 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 above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print)

Title Phone Fax

Signature of Above Date Email:

This form can be made available in alternate formats to individuals with disabilities upon request.

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)

2.13 Incurring Costs

2.14 News Releases:

2.15 Wisconsin Sales and Use Tax Registration:

2.16 Affirmative Action

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Contract Term

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

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 Force Majeure

4.7 Trademark

4.8 Minimum Order

4.9 Debarrment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

5.2 F.O.B. Destination

5.3 On Site Service

5.4 University Imports

5.5 Requirements for Criminal Background Checks

5.6 Timeliness of Delivery

5.7 Item Return Policy

5.8 Additional Items/Services

5.9 Acceptance and Testing (Post Award)

5.10 Invoicing Requirements

5.11 Payment Terms

5.12 Shipments, Duplicates and Overshipments

5.13 Training

5.14 Insurance

5.15 Performance Meetings

5.16 Subcontracting

5.17 Activity Reports

5.18 Contract Termination

5.19 Other Eligible Purchasers

5.20 Record and Audit

5.21 Entire Contract

5.22 Random Sampling

5.23 Travel Per Diems

6 SPECIFICATIONS

6.1 Warranty

6.2 Manuals

6.3 Maintenance or Repair

6.4 Contracting With Other Vendor

6.5 Employee Identification

6.6 On-Site Demonstrations

6.7 Third Party Financing

6.8 Environmentally Friendly “Green” Products

7 ATTACHMENT A – BIDDER RESPONSE SHEET

8 ATTACHMENT B – ITEMIZED BID LIST

9 ATTACHMENT C – BIDDER REQUIRED FORM

10 ATTACHMENT D – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO: Stephanie Ganz, ganzs@uwstout.edu and courtesy copy Carley Scrivener, scrivenerc@uwstout.edu

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

The University accepts completed bids e-mailed to ganzs@uwstout.edu and courtesy copy to scrivenerc@uwstout.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 ganzs@uwstout.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.

• Request for Bid Form (DOA-3070) (signed)

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

• Itemized Bid List (Attachment B)

• Bidder Required Form (DOA-3832) (Attachment C)

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirement shall result in the Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in Bid specifications (specs that are written too restrictively, are internally inconsistent, etc.). Bidders are also encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of the bid, or items not bid if two Bidders or more, or 50% or more of the Bidders are unable to comply with a requirement.

mailto:ganzs@uwstout.edu mailto:scrivenerc@uwstout.edu mailto:scrivenerc@uwstout.edu mailto:ganzs@uwstout.edu

UW-Stout reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from Bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin Stout hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of University of Wisconsin Stout Engineering and Technology Department requests bids for the purchase of six (6) South Bend Lathe Machines.

All University of Wisconsin Stout 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

See Specifications (Section 6) and/or Itemized Bid List (Attachment B) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. 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.

Department means University Department of Engineering and Technology

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of Business Services responsible for the procurement of goods and services on UW Stout campus, located at 817 Broadway Street South, Menomonie, WI 54751.

State means State of Wisconsin.

University and UW both mean University of Wisconsin Stout

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.

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 the University five days per week, Monday through Friday, during normal University business hours.

https://esupplier.wi.gov/

2.8 Parking

University visitor parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Stout Parking Services. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in university lots or loading docks without permits will be ticketed and/or towed.

UW Stout Parking Services 110 University Services Building 817 Broadway Street South Menomonie, WI, 54751 715-232-1792 Website: https://www.uwstout.edu/life-stout/police-and-parking/parking-services

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.

https://www.uwstout.edu/life-stout/police-and-parking/parking-services

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.

2.13 Incurring Costs

The State of Wisconsin is not liable for any cost incurred by a vendor in the process of responding to this RFB.

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/

2.14 News Releases:

Reference to or use of the State of Wisconsin, any of its departments, agencies (University) or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this RFB or to the acceptance, rejection, or evaluation of bids shall not be made without prior approval of the University. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

2.15 Wisconsin Sales and Use Tax Registration:

No award can be made to a vendor who is not in compliance with Sec. 77.6 of the Wisconsin State Statutes relating to sales and use tax certification. (http://vendornet.state.wi.us/vendornet/wocc/certtax.asp)

If vendor has not established a certification for Collection of Sale and Use Tax status with the Wisconsin Department of Revenue, the University and any other State agency can not issue any purchase orders to the firm. For additional information see www.dor.state.wi.us/htm/vendlaw.html.

2.16 Affirmative Action

In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wis.

Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.

Contracts estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the Contractor. An exemption occurs from this requirement if the Contractor has a workforce of less than fifty (50) employees. Within fifteen (15) working days after the contract is awarded, the Contractor must submit the plan to the contracting state agency for approval. Instructions on preparing the plan and technical assistance regarding this clause are available from the contracting state agency.

The Contractor agrees to post in conspicuous places, available for employees and applicants for employment, a notice to be provided by the contracting state agency that sets forth the provisions of the State of Wisconsin nondiscrimination law.

Failure to comply with the conditions of this clause may result in the Contractor's becoming declared an "ineligible" Contractor, termination of the contract, or withholding of payment.

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.

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.

http://vendornet.state.wi.us/vendornet/wocc/certtax.asp http://www.dor.state.wi.us/htm/vendlaw.html

ADMINISTRATIVE:

Stephanie Ganz, Procurement Specialist UW Stout Procurement & Materials Management

817 Broadway Street South. Room 140 University Services Menomonie, WI 54751

E-mail: ganzs@uwstout.edu Phone: 715-232-2453

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

Listed below are important dates and times by which actions related to this Request for Bid (RFB) must be completed. In the event that the State finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

Date: Event:

5/17/2022 Date of Issue of the RFB 5/27/2022 2:00 p.m. Questions due from vendors 6/03/2022 2:00 p.m. Bids due from vendors 6/17/2022 Estimated Contract Award

3.3 Contract Term

This contract may have a possible term associated with a maintenance agreement. Otherwise, this is a one-time purchase for South Bend Lathes. The contract shall be effective on the date it is executed by the Procuring Agency.

The RFB documents, the awarded Bidder’s response as accepted by the Procuring Agency, and any purchase order related to this RFB shall become a contract between the parties unless a separate contract is executed.

3.4 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.

3.5 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached Bidder Required Form (DOA-3832). 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. A copy of the form needed to designate portions of your submission as proprietary can be found at:

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

3.6 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 the contact listed in section 3.1 of this solicitation to make a reasonable accommodation request.

3.7 Method of Bid

Bidder must submit a net unit price and extended net total for each item specified. Prices listed shall be in US dollars unless otherwise indicated.

For University Imports: See Section 5.4

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

3.8 Method of Award

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

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 (Attachment A).

http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc

4.1 Bidder Information

Bidder must complete the attached Bidder Required 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 South Bend Lathes and must have done so for the past 3 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 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 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 Force Majeure

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.

4.7 Trademark

Bidder must be able to be a UW-Stout Licensee for items bearing trademarks, logos or other symbols of the University in which the University has a proprietary, licensed or copyright interest.

4.8 Minimum Order

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

4.9 Debarrment

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.

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

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

For specific items listed on the Itemized Bid List, prices must remain firm for one year from the date of the signed contract.

Prices established may be lowered due to general market conditions, or negotiations between the University and Contractor.

Price increases will not be allowed for the term of the contract.

5.2 F.O.B. Destination

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 items(s) transported to interior/ground floor or inside dock at UW Stout Central Receiving 817 Broadway St S Menomonie, WI 54751. 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 5.4

Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

5.3 On Site Service

In carrying out the scope of this Contract, the Contractor may be required to perform services on University property.

Bidder’s cost must include all transportation charges. Certificates of Liability with appropriate levels of coverage must be provided prior to beginning work.

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 is performed on your site.

5.4 University Imports

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.

5.5 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.

5.6 Timeliness of Delivery

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

The 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).

5.7 Item Return Policy

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

5.8 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.

5.9 Acceptance and Testing (Post Award)

Acceptance testing will occur within thirty (30) days after the item has been delivered and installed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have thirty (30) days to meet requirements. If after this time period the item/service still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

Greg Slupe or his/her designee is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

5.10 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 University Wisconsin Stout Accounts Payable at accountspayable@uwstout.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.

5.11 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.

5.12 Shipments, Duplicates and Overshipments

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

5.13 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. In additional, the Department must be provided with a minimum of one (1) paper and one (1) digital copy of any and all equipment/operation manuals associated with the equipment being provided to the University.

5.14 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 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 mailto:accountspayable@uwstout.edu certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

5.15 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.

5.16 Subcontracting

5.16.1 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.

5.16.2 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.

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

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

5.17 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

5.18 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 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 ensure the systems are provided, functionally tested and performing in conformity with the Owner’s Project Requirements or 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, 817 Broadway St S, University Services Room 140, Menomonie, WI 54751. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.19 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.

5.20 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.

5.21 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 220007-SG, dated 5/17/2022 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.

5.22 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.

5.23 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

The manufacturer’s items shown below and on the Itemized Bid List are currently being used at the University.