23-0002-CF_RFB_Fence Banners.pdf

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: 23‐0002‐CF

ISSUE DATE:

DUE 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.

Exterior Fence Banners

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE:

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: FAX NUMBER:

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

CONTENTS

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. Campus Delivery Requirements

2.7. Parking

2.8. Promotional Materials/Endorsements

2.9. Energy Star

2.10. Discriminatory Boycotts of Israel

2.11. Supplier Diversity

2.11.1 Minority Business Enterprise Program (MBE)

2.11.2 Woman‐Owned Business Enterprise Program (WBE)

2.11.3 Disabled Veteran Owned Business Program (DVB)

2.11.4 VETERAN‐OWNED BUSINESS Program (VB)

3. BID PROCESS INSTRUCTIONS

3.1. Clarifications and/or Revisions through Designated Contact

3.2. Applicable Dates

3.3. Contract Term

3.4. F.O.B. Destination

3.5. Proprietary Information

3.6. Accommodations for Individuals with Disabilities

3.7. Appeals Process

3.8. Method of Bid

3.9. Method of Award

3.10. Samples and Evaluation

4. BIDDER QUALIFICATIONS

4.1. Bidder Information

4.2. Bidder Experience

4.3. Client List / References

4.4. Minimum Order

4.5. Debarrment

5. PERFORMANCE AND CONTRACT REQUIREMENTS

5.1. Firm Prices

5.2. F.O.B. Destination

5.3. Timeliness of Delivery

5.4. Invoicing Requirements

5.5. Payment Terms

5.6. Insurance

5.7. Subcontracting

5.8. Contract Termination

5.9. Entire Contract

6. SPECIFICATIONS

6.1. Substrate

6.2. Finishing

6.3. Artwork

6.4. Warranty

6.5. Environmentally Friendly “Green” Products

ATTACHMENT A – BIDDER RESPONSE SHEET

SUBMITTAL INSTRUCTIONS

ATTACHMENT B – ITEMIZED BID LIST

ATTACHMENT C – VENDOR INFORMATION FORM

ATTACHMENT D – CLIENT REFERENCE LIST

ATTACHMENT E – STANDARD TERMS AND CONDITIONS

1. SUBMITTAL INSTRUCTIONS

BIDS SHALL BE EMAILED TO: FALKNECL@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 falknecl@uwec.edu provided 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 falknecl@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.

1.1. BID RESPONSE REQUIREMENTS

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

Electronic copies of the completed bid documents submitted via email to falknecl@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.

Request for Bid Form (signed)

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

Itemized Bid List (Attachment B)

Vendor Information Form (Attachment C)

Client Reference List (Attachment D)

Print Sample

2. GENERAL INFORMATION

2.1. 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 Facilities Planning hereinafter referred to as "Facilities" requests bids for the purchase of Exterior Fence Banners.

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 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

UW‐Eau Claire is requesting bids for exterior fence banners to be displayed on the perimeter fencing of the construction site of the future Science and Health Sciences Building. The banners will be erected in August 2022 and will remain up approximately one (1) year.

More information about the Science and Health Sciences Building project can be found at https://www.uwec.edu/facilities‐ projects/science‐health‐sciences‐building/.

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

DVB means Disabled Veteran‐Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Procurement means the Procurement Office in the Division of 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 and UW both 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.

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) will be issued to the Contractor(s). Procuring agency will submit purchase orders by email.

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

2.6. CAMPUS DELIVERY REQUIREMENTS

Delivery of orders shall be made to UWEC Central Receiving, 651 University Drive, Eau Claire, WI 54701 five days per week, Monday through Friday, during normal University business hours.

2.7. PARKING

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW‐Eau Claire’s Parking and Transportation department at 715‐836‐3000. No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in university lots or loading docks without permits will be ticketed and/or towed.

2.8. PROMOTIONAL MATERIALS/ENDORSEMENTS

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that the

University endorses either the Contractor or any party related to the Contractor or this Contract.

2.9. ENERGY STAR

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the

EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements, but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder

Response Sheet.

2.10. 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.

2.11. SUPPLIER DIVERSITY

2.11.1 MINORITY BUSINESS ENTERPRISE PROGRAM (MBE)

The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss.

15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin Colleges and Extension is committed to the promotion of minority business in the state's purchasing program.

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

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

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the

Department of Administration, Office of the Minority Business Program, 608/267‐7806. To view all MBE firms go to https://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.11.2 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

2.11.3 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

2.11.4 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.

3. BID PROCESS INSTRUCTIONS

3.1. CLARIFICATIONS AND/OR REVISIONS THROUGH DESIGNATED CONTACT

All communications and/or questions regarding 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.

ADMINISTRATIVE:

Cheri Falkner, UW Eau Claire Procurement

105 Garfield Avenue, Eau Claire, WI 54701

E‐mail: falknecl@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.

If 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 designated contact named above during the period from date of release of the BID until the notice of award is released. Contacting anyone other than the Designated Contact(s) above may disqualify your BID.

3.2. APPLICABLE DATES

DATE EVENT

8/17/2022 Bid Issued

8/22/2022 Written Questions Due

8/23/2022 Responses to Questions Due

8/30/2022 ‐ 2pm CST/CDT Bid Due Date (CST/CDT)

3.3. CONTRACT TERM

The initial term of this contract shall be one year after date of award. The procuring agency and the contractor, upon written mutual agreement, may renew the contract for up to an additional one (1) year period. The contract shall be effective on the date it is executed by the procuring agency. If no formal contract is executed, the effective date of the contract is the date of the purchase order.

3.4. F.O.B. DESTINATION

Delivery of all materials shall be F.O.B. Destination, freight paid by Contractor.

3.5. PROPRIETARY INFORMATION

Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached

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

3.6. ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact [AGENT: ENTER Agent name, number, and email address here] to make a reasonable accommodation request.

3.7. APPEALS PROCESS

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State

Statute or a provision of a Wisconsin Administrative Code.

Appeals must be submitted no later than five working days after the notice of intent to award is issued by the University, written notice of intent to protest must be sent to:

Director of Procurement

University of Wisconsin – Eau Claire

105 Garfield Avenue, Eau Claire, Wisconsin 54701

The complete protest must be received by the Director of Procurement no later than ten (10) working days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five (5) working days after denial by the University, with a copy of such appeal filed with the University.

3.8. METHOD OF BID

Bidder must submit either a net unit price and extended net total for each item and a total price by lot as designated or provide a total project price (extended net total). Bidder shall also provide a replacement cost for each individual panel.

Purchase of individual panels is not guaranteed. Prices listed shall be in US dollars unless otherwise indicated.

3.9. METHOD OF AWARD

Award(s) shall be made on the basis of the lowest extended net total which is judged to be in the best interest of the

University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

3.10. SAMPLES AND EVALUATION

3.10.1 Bidder shall submit a no‐charge, (non‐returnable) sample(s) to the address below prior to the bid opening for verification of item/service.

3.10.2 Non‐returnable samples must be clearly labeled as "sample" and must be identified with the bidder's name, bid number, due date, and bid item number. A sample art file is included in the bid attachments.

3.10.3 Samples required must be delivered NO LATER THAN 2:00 p.m. on the bid due date to:

Cheri Falkner

University of Wisconsin – Eau Claire

Schofield 230, 105 Garfield Ave, Eau Claire, WI 54701

E‐mail: falknecl@uwss.wisconsin.edu

PHONE 715‐836‐5171

3.10.4 Failure to deliver samples within time designated may disqualify your bid.

3.10.5 All samples provided by the Bidder(s) shall be evaluated by the University in an identical manner to determine whether the items/services bid conform to bid specifications.

3.10.6 Samples provided by the bidder and NOT meeting bid specifications shall be rejected and the bid submitted may be disqualified if the Bidder cannot provide a sample meeting specification.

3.10.7 All samples provided under this contract become the property of the University.

4. BIDDER QUALIFICATIONS

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

4.1. BIDDER INFORMATION

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

4.2. BIDDER EXPERIENCE

The Bidder (company or its principals) must be in the business of providing exterior fence banners and must have done so for the past three (3) years.

4.3. CLIENT LIST / REFERENCES

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see 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.

4.4. MINIMUM ORDER

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

4.5. 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.

5. PERFORMANCE AND CONTRACT REQUIREMENTS

5.1. FIRM PRICES

Prices must remain firm for one (1) year from the date of the bid due date. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.2. F.O.B. DESTINATION

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

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.

5.3. TIMELINESS OF DELIVERY

Delivery is desired on or before seven (7) days after receipt of order. State if this requirement can be met. If unable to deliver by the stated date, indicate on the Itemized Bid List the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award.

Once awarded, failure to meet this delivery date may result in cancellation of order (award). The University reserves the right to contract with a second vendor/contractor to receive the items/services per delivery requests.

5.4. INVOICING REQUIREMENTS

Contractor must agree that all invoices shall reflect the 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.

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 ACTPAY50@UWEC.EDU unless the customer identifies and establishes a different bill‐to location.

5.5. 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. .

5.6. 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.

5.7. SUBCONTRACTING

5.7.1 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 Procurement. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W‐9 form.

5.7.2 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.

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

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

5.8. CONTRACT TERMINATION

5.8.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within SEVEN (7) calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to poor print quality or failure to provide any of the Terms, Conditions or Specifications.

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

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

5.8.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within

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

5.8.6 All notices of performance failure must be submitted in writing to Procurement, 105 Garfield Ave, Eau Claire, WI

54701. Procurement shall be final authority for all performance failure determinations not resolved through the ordering department.

5.9. 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 Number23‐0002‐CF, dated 08/17/2022 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 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.

6. SPECIFICATIONS

If you are bidding alternate items/services, provide complete specifications, documents and materials showing performance features and details for the items/services you propose to furnish for the items/services being bid. These will be used to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders responses.

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

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

6.1. SUBSTRATE

Substrate must be minimum 12oz mesh blow through vinyl. Banners will be used for an extended period and subjected to various weather conditions.

6.2. FINISHING

Panels will be one‐sided.

Finished panel sizes are 8’ x 6’, 12’ x 6’, and 30’ x 6’.

PANEL DESCRIPTION FINAL SIZE QTY

1 Future Home of Science and Health Sciences Building 30' x 6' 13

2 UW Eau Claire logo 30' x 6' 13

3 Exterior entryway render 8' x 6' 6

4 Interior lounge 8' x 6' 6

5 Exterior building 8' x 6' 8

6 Interior lobby 8' x 6' 6

7 QR code 8' x 6' 12

8 Coming Soon 12' x 6' 8

9 Blugold Supercomputing 12' x 6' 6

10 Welcome 12' x 6' 6

11 Biomedical Innovation 12' x 6' 6

Finishing shall include reinforced edges with black grommets (minimum) every three (3) feet at the top and bottom of each panel.

6.3. ARTWORK

Print‐ready artwork will be provided to the contractor by the University.

Imagery will be printed using four color process inks.

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Itemized Bid List. Adequate detailed specifications of the items/services being offered or bid must be included with your bid to ensure that the items/services being bid can be compared to determine if the items/services meet all specifications.

6.4. WARRANTY

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or materials purchased under this contract. Bidder must indicate warranty term on the Itemized Bid List and should enclose standard warranty documents with your bid, if applicable.

6.5. 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.

ATTACHMENT A – BIDDER RESPONSE SHEET

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

SUBMITTAL INSTRUCTIONS

SECTION DESCRIPTION

RESPONSE

YES NO N/A

1.1 Have you completed and returned all forms required? ☐ ☐ ☐

2.5

What order method will you accept orders against this contract:

Email ☐ ☐ ☐

Other (please specify) ☐ ☐ ☐

2.10

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

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

3.12 Will you meet all the requirements for samples and evaluation? ☐ ☐ ☐

4.2

Are you in the business of providing the commodities and services for this RFB and has your company or its principals done so for the past three (3) years? ☐ ☐ ☐

4.5

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

5.1 Do you agree to firm prices as stated? ☐ ☐ ☐

5.2

Are you bidding all prices F.O.B. Destinations, delivery charges and risk of loss borne by the

Contractor?

Be sure to read Section 5.2 carefully. ☐ ☐ ☐

5.3

Can you meet delivery requirement?

If not, state delivery time on the Itemized Bid List. ☐ ☐ ☐

5.5 Do you agree to the payment terms? ☐ ☐ ☐

6.0

Are you bidding items as stated in the Specifications?

In “NO”, include information on alternates as required in Section 6 with your bid response. ☐ ☐ ☐

ATTACHMENT B – ITEMIZED BID LIST

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

PANEL DESCRIPTION FINAL SIZE QTY

PANEL

COST

EXTENDED

COST

SINGLE PANEL

REPLACEMENT

COST

Future Home of Science and Health Sciences Building 30' x 6' 13

2 UW Eau Claire logo 30' x 6' 13

3 Exterior entryway render 8' x 6' 6

4 Interior lounge 8' x 6' 6

5 Exterior building 8' x 6' 8

6 Interior lobby 8' x 6' 6

7 QR code 8' x 6' 12

8 Coming Soon 12' x 6' 8

9 Blugold Supercomputing 12' x 6' 6

10 Welcome 12' x 6' 6

11 Biomedical Innovation 12' x 6' 6

Net Cost

Shipping

Total Project Cost

Delivery timeline: _______ days after receipt of order (ARO)

Warranty Terms:

ATTACHMENT C – VENDOR INFORMATION FORM

VENDOR NOTE: BOTH PAGES OF THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID RESPONSE.

Company and Contact Information

Company Name:

Company Website

Contact for questions regarding this Bid

Name:

Telephone: Email:

Contract Renewals / Problems

Name:

Telephone: Email:

Sales Representative

Name:

Telephone: Email:

Ordering / Expediting

Name:

Telephone: Email:

Returns

Name:

Telephone: Email:

Invoice Information

Name:

Telephone: Email:

VENDOR INFORMATION FORM (CONTINUED)

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

Name:

Address:

City, ST Zip:

Telephone: Email:

Supplier Diversity Reporting (see Section 2.9)

Name:

Address:

City, ST Zip:

Telephone: Email:

2. In accordance with Wisconsin Statutes 560.035, 560.0335 and 560.036, indicate below if you are a Wisconsin certified

Minority Business Enterprise (MBE), Work Center (WC), Disabled Veteran‐Owned Business (DVB) or Woman‐owned

Business Enterprise (WBE) (see websites:

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

Minority (MBE) Work Center (WC) Disabled Veteran Owned Business (DVB)

Woman Owned Business Enterprise (WBE) Not Applicable

(If no answer is indicated above, we will assume that you are none of the above when making the award.)

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

____________ LARGE BUSINESS (LG)

____________ SMALL BUSINESS (SB)

____________ VETERAN OWNED SMALL BUSINESS (VOSB)

____________ SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB)

____________ HISTORICALLY UNDER UTILIZED BUSINESS ZONE (HUBZONE)

____________ SMALL DISADVANTAGED BUSINESS (SDB)

____________ WOMAN‐OWNED SMALL BUSINESS (WOSB)

VENDOR INFORMATION FORM (CONTINUED)

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

ATTACHMENT D – CLIENT REFERENCE LIST

Company Name: Contact:

Address:

City, ST Zip:

Phone: Email:

Internet Address:

Description and date(s) of commodities and services provided:

City, ST Zip:

Phone: Email:

City, ST Zip:

Phone: Email:

References may be contacted to confirm the Bidder’s abilities and qualifications as stated in the Bidder’s response. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System. The

University reserves the right to disqualify any Bidder whose references don’t support their stated claim of qualifications in their response.

ATTACHMENT E – STANDARD TERMS AND CONDITIONS

SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The University shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal.

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

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the University.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs.

5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

5.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry‐wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

5.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty

(30).

6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

7.0 ACCEPTANCE‐REJECTION: The University reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interest of the State of Wisconsin.

8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University. No other purchase orders are authorized.

9.0 PAYMENT TERMS AND INVOICING: The University normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39‐73‐1021‐K, was issued by the Internal Revenue Service to authorize tax‐free transactions under Chapter 32 of the Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be subject to other states' taxes on its purchases in that state depending on the laws of that state.

Contractors performing construction activities are required to pay state use tax on the cost of materials.

11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the University.

13.0 APPLICABLE LAW AND COMPLIANCE: This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

14.0 ANTITRUST ASSIGNMENT: The Contractor and the University recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the Contractor hereby assigns to the University any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University.

16.0 DISPUTES: Disputes should be addressed to the University Procurement Office, Director of Procurement Services, 105 Garfield Avenue, Eau Claire, WI 54701.

17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:

17.1 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.

17.2 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.

17.3 The Contractor agrees to post in conspicuous places, available for employees and applicants for…