UNIVERSITY OF WISCONSIN – EAU CLAIRE

PROCUREMENT SERVICES

105 GARFIELD AVENUE

EAU CLAIRE, WI 54701

Request for Bid #23-0001-CF

ATHLETIC APPAREL

Official Sealed Bid

University of Wisconsin – Eau Claire

REQUEST FOR BID

THIS IS NOT AN ORDER

AGENT: Cheri Falkner

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: 23-0001-CF

ISSUE DATE: Click or tap to enter a date.

DUE DATE: Click or tap to enter a date.

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.

ATHLETIC APPAREL

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:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

Contents

SUBMITTAL INSTRUCTIONS

BIDS SHALL BE EMAILED TO: UWECBIDS@UWEC.EDU

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 UWECBids@uwec.edu provided (i) they are date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date.

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

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

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

1.1.1 Electronic copies of the completed bid documents submitted via email to UWECBids@uwec.edu.

1.1.2 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.

1.1.3 Request for Bid Form (signed)

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

1.1.5 Specifications, descriptive brochure and detail for the item(s) bid (Section 6)

1.1.6 Itemized Bid List (Attachment B)

1.1.7 Vendor Information Form (Attachment C)

1.1.8 Client Reference List (Attachment D)

GENERAL INFORMATION

Purpose The University of Wisconsin – Eau Claire, hereinafter referred to as the "University", through its Procurement Services Department, hereinafter referred to as "Procurement," on behalf of Intercollegiate Athletics hereinafter referred to as “Athletics” requests bids for the purchase of Athletic Apparel.

All University of Wisconsin – Eau Claire departments and University of Wisconsin campuses 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, Procurement Services 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.

Scope UW-Eau Claire is the largest NCAA Division III public school in the State of Wisconsin, sponsors 25 varsity sports and competes in the Wisconsin Intercollegiate Athletic Conference (WIAC) and the National Collegiate Gymnastics Association (NCGA). UW-Eau Claire offers 13 programs for women: basketball, cross country, golf, gymnastics, ice hockey, lacrosse, soccer, softball, swimming and diving, tennis, indoor track and field, outdoor track and field, and volleyball; and 12 programs for men: baseball, basketball, cross country, football, golf, ice hockey, soccer, swimming and diving, tennis, indoor track and field, outdoor track and field, and wrestling.

More than 850 student-athletes participate in athletic competition at UW-Eau Claire, representing the state of Wisconsin, the Midwest region, multiple other states across the country, and some foreign countries. An additional 1,500 students participate in intramural and club sport activities.

The Wisconsin Intercollegiate Athletic Conference is widely recognized as one of the best conferences in NCAA Division III. Membership includes the University of Wisconsin-Eau Claire, the University of Wisconsin-La Crosse, the University of Wisconsin-Oshkosh, the University of Wisconsin-Platteville, the University of Wisconsin-River Falls, the University of Wisconsin-Stevens Point, the University of Wisconsin-Stout, and the University of Wisconsin-Whitewater. The WIAC’s institutions have combined to win 120 national championships, the most of any Division III conference all time.

The Blugolds compete at eight main home venues: Carson Park Football (5,500), Carson Park Baseball (3,800), Zorn Arena (3,500), McPhee Center Pool (200), McPhee Center Volleyball (1,000), Simpson Field Soccer & Lacrosse (2,500), Hobbs Ice Center (1,500), Bollinger Softball Stadium (500). Track & Field will host meets for the first time in spring 2023, and the Sonnentag Complex will be open for basketball in 2024-2025.

See Specifications (Section 6 and Attachment A) 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.

Estimated spend for Academic Year 2021

Number of Athletes and Coaches by Sport for Academic Year 2021

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 Intercollegiate Athletics.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card (P-Card) means State credit card.

Procurement means the Procurement Office in the Division of Finance and Administration responsible for the procurement of goods and services on the UW – Eau Claire campus, located at 105 Garfield Avenue, Eau Claire, WI 54701.

State means State of Wisconsin.

University, UW, and UWEC all mean University of Wisconsin – Eau Claire.

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.

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

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

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

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

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

Orders Under this contract, Specific order(s), Contract standing/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). Purchasing card orders may not exceed $5,000.

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.

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

UW Eau Claire’s Receiving department is located at 651 University Drive, Eau Claire, WI 54701. Standard receiving hours are Monday – Friday, 8:00am to 3:30pm CT.

Parking University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UWEC’s Parking + Transportation department. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

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.

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.

Supplier Diversity 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.

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

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

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

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

BID PROCESS INSTRUCTIONS

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

Cheri Falkner UW-Eau Claire Procurement E-mail: UWECBids@uwec.edu If a Bidder fails to notify the Procurement 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.

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.

Applicable Dates

Contract Term The initial term of this contract shall be 07/01/2022 through 06/30/2023. This contract will be automatically renewed for four (4) additional one-year terms unless termination clause 5.15 is optionally utilized. Contract end date will be 06/30/2027.

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.

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

Accommodations for Individuals with Disabilities The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact Cheri Falkner (see section 3.1 for contact information) to make a reasonable accommodation request.

Method of Bid Responses to this solicitation’s cost requirements must contain a discount off list for all products, by category, purchased within the lot. One bidder will be awarded, for each lot in this solicitation. Each lot will be for a single manufacturer. Bidders can bid on and be awarded multiple lots.

For University Imports: See Section 5.3

GSA Pricing 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.

Method of Award Awards will be made to the vendor with the lowest aggregated costs. Total aggregated costs will be calculated by adding the price after discount for all Categories and subtracting any other Monetary contributions.

The initial award will be made conditionally with a six-month trial period. If the Contractor’s performance demonstrates that the Contractor is capable of complete compliance with the contract on a continuous basis for the six-month trial period, the University shall make a final award for the contract.

For University Imports: See Section 5.3 Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m)(b)2,3, 16.75(3m)(c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

BIDDER QUALIFICATIONS

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

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

Bidder Experience The Bidder (company or its principals) must be in the business of providing Sports Apparel item/service and must have done so for the past five (5) years.

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

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

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

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

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

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

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.

PERFORMANCE AND CONTRACT REQUIREMENTS

PRICES: Determine whether contract requires firm prices for specific items, discount(s) from “established” price lists or both. The established price list against which discount is applied must be stated on the Itemized Bid List with exact title and date (obtained from the manufacturer). Select and mark statements from 5.1A FIRM PRICES, or 5.2B FIRM DISCOUNTS or 5.1C FIRM PRICES AND DISCOUNTS.

5.1A FIRM PRICES: Be realistic in your expectation of the number of calendar days needed to put a price increase into effect. If an item is in a market prone to frequent price changes upon short notice, be sensitive to this issue. Require notice of price changes from Contractor with the shortest possible time period that will allow you to review, determine acceptance and amend the contract publication, if required. The shorter notice we require, the better our chances of getting lower prices as Contractor will build in protection against price increases accordingly.

NOTE: In rare cases a contract will not be published. If this is the case, be sure to delete the last paragraph which states “Acceptance of the price increases will be in the form of an amendment to the contract publication.".

Firm Prices

Shipping Terms All deliveries shall be FOB Destination for domestic deliveries and DDP for international/Intermodal deliveries. Delivery charges and risk of loss shall be borne by the Contractor. Bid prices must include all packing, freight, insurance charges, and installation/operation manuals.

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

For University Imports: See Section 5.3 Failure to bid FOB/DDP DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

University Imports UW Eau Claire shall only pay the pricing calculated by using our discount(s) off MSRP. All other fees including but not limited to broker, customs, shipping, insurance, etc. will be the sole responsibility of the bidder.

Requirements for Criminal Background Checks Background Checks of Contracted Individuals:

This contract is contingent upon, prior to the commencement of services, the independent Contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services. This background check will evaluate whether the individual has any pending charges or convictions 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, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

Timeliness of Delivery Delivery is desired as soon as possible after receipt of an order. State on the Bidder Response Sheet (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).

Item Return Policy [AGENT: NOTE ITEM RETURN POLICY] Most contractors have standard return policies. It is suggested that university contracts do not make mandatory return policy, but allow contractors to provide their policy for review prior to acceptance as a contract term.

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.

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

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 Procurement and/or Accounts Payable, invoices not reflecting the correct discount or net prices may be short paid or disputed.

The original invoice must be sent to the University’s Accounts Payable department at ACTPAY50@UWEC.EDU unless the customer identifies and establishes a different bill-to location.

Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.9.1 and should be sent to the address given at the time of the order is placed.

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

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.

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 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 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 and all contractor’s liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

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

Subcontracting

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

· 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

· MSRP pricing

· Institution name where item(s) were shipped to.

· Team/Sport if designated during the order process.

Contract Termination

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

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

Record and Audit The 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.

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:

· Corporate Partnership Agreement

· Contract Award Letter

· Original Request Bid Number 23-0001-CF, 6/10/2022, including amendments/attachments

· Bidder response to BID.

· 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 Procurement 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 copy of this exceptions document (in MS Word) must be submitted with your electronic bid response.

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 Procurement Services.

Travel Per Diems All 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.

SPECIFICATIONS

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

Specific manufacturer(s) and/or catalog/model/stock numbers are provided to establish the design, type of construction, quality, functional capability and performance level desired. NIKE brand apparel must be provided when required to match existing apparel/uniforms. Adequate detailed specifications of the items/services being offered or bid must be included with your bid. The bidder may offer alternate items/services believed to be an equal. Any alternate items/services bid must be clearly identified by manufacturer, catalog, model, or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items/services offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

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

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.

Contracting With Other Vendor Procurement 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.

Emergency Situation In the event of an emergency situation (pandemic, snowstorm, etc.), Contractor may be required to provide the University with the items/services on this bid as required. An emergency preparedness plan to serve the University and the items/services that are available to meet emergency needs should be provided if requested. Minimally, this plan should include emergency contact information, product and service level availability, staffing, equipment, and logistics plan.

Reconditioned, Refurbished or Remanufactured Items Reconditioned, refurbished, or remanufactured items may be considered for this contract, provided full new warranties are offered or provided standard warranty that is certified by manufacturer for continued maintenance is included. All reconditioned, refurbished or remanufactured equipment bid shall include complete description of age, condition, maintenance and repair history and availability of site inspection. The equipment shall be evaluated using these criteria prior to award. The University will be the sole judge of acceptability of these items if bid.

Used Equipment Used, rebuilt or reconditioned equipment may be considered provided full new equipment warranties are offered or provided standard warranty which is certified by manufacturer for continued maintenance is included.

Any equipment bid which is not new should include complete description and documentation of its age, condition, maintenance and repair history, availability of site inspection, etc. The equipment will be evaluated by these criteria prior to consideration for purchase.

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. Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

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

Experience Bidder must have experience working with schools, providing these products and services, with multiple locations, billing addresses, ordering methodologies (ie: P-card, purchase order, etc), and departments.

Customer Service