23-5540 RFB.docx

Contract No.: 23-5540 University of Wisconsin Madison, Wisconsin 53715-1218

University of Wisconsin – Madison Request for Bid

THIS IS NOT AN ORDER

Agent: JANET BRESNAHAN Questions regarding this bid – see section 3.1.

For Submittal of Bid Instructions – See Section #1

Official Sealed

Contract Number: 23-5540 Issued Date: 05/12/2022 Due Date: 06/10/2022 If NO BID ☐ and return.

Bid prices and terms shall be firm for sixty (60) days from the date of the bid opening, unless otherwise specified in the Request for Bid by UW-Madison Purchasing Services.

All bid openings will not be done in a public setting due to the Covid-19 pandemic. Results will be e-mailed to all responding bidders as soon as possible after the time and date of the stated bid opening. Bidders can make arrangements to review the bid file at a later date.

BIOSCIENCE RESEARCH PRODUCTS AND PROCESSES

For the period October 1, 2022 through September 30, 2025 and will be automatically renewed for two (2) additional one-year terms.

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE:

DATE:

TYPE OR PRINT NAME:

TITLE:

EMAIL ADDRESS:

FEIN NUMBER:

DUNS #:

Contents

1. Submittal Instructions

ONLY EMAILED BID RESPONSES WILL BE ACCEPTED.

All completed bids must be e-mailed to bids@bussvc.wisc.edu, with the RFB number and vendor name in the subject line. Bids must be received and date/time stamped prior to 2:00 p.m. Central Time (CT) on the stated bid due date.

RETAIN A COPY OF YOUR BID RESPONSE FOR YOUR FILES

Submitting a bid to any other e-mail address than bids@bussvc.wisc.edu does not constitute receipt of a valid bid by Purchasing Services. Proof of transmission doesn't constitute proof of receipt. E-mail submissions of signature pages should be a scanned copy of the document with ACTUAL signatures and initials (or electronic signatures) and should be received prior to 2:00 p.m. CT on the stated due date.

Contact Purchasing Services Agent listed in Section 3.1 for assistance.

The Maximum file size that can be accepted is 25MB. Consider submitting your bid as a zip file.

1.1. Bid Response Requirements:

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

1.2. Intent to Submit a Bid:

Bidders are asked to submit an Intent to Submit a Bid Form in advance of the bid response. This should be submitted on or before May 24, 2022. This form is provided as Attachment H to this bid.

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

2.1. Purpose:

The University of Wisconsin-Madison, hereinafter referred to as the “University”, through its Purchasing Services Department, hereinafter referred to as “Purchasing”, requests bids for the purchase of Bioscience Research Products and Processes.

All University of Wisconsin-Madison departments must be eligible to purchase from this contract.

2.2. Scope:

The University of Wisconsin–Madison is requesting bids for Bioscience Research Products and Processes in support of the research projects conducted at the University. The scope of this bid includes products such as antibodies, ELISAs, oligonucleotides, proteins, peptides, small molecules, and custom-made products. The scope also includes processes such as gene sequencing, gene and protein synthesis; gene expression; gene and plasmid construction; custom design/image analysis; and related products and processes. The scope does not include capital equipment or general laboratory chemicals or reagents.

The Request for Bid (RFB) is issued to rebid contract #18-5540, which expires on September 30, 2022. Bidders must respond to this RFB to be considered for the superseding contract, which will begin on October 1, 2022. The current contract may be viewed at http://www.bussvc.wisc.edu/purch/contract/wp5540.html.

This RFB is intended to set up contract pricing for the product and service categories listed in the Itemized Bid List, Attachment C. Orders will be placed by various University departments on an as needed basis. Pricing should be quoted as a fixed discount off the price list(s) identified in Attachment B. The award will be made to multiple bidders in order to meet the University’s broad research requirements.

Bidders who are awarded a contract against this RFB will be notified in writing. Additionally, the terms of the contract will be published on UW-Madison’s Contract Web Site, showing the manufacturers and product and service categories covered by each awarded Contractor. The site is available to Eligible Purchasers and helps the end users with their purchasing decisions. For this reason, bidders are encouraged to provide us with deep discounts and competitive pricing based on overall purchases over the term of the contract, rather than single transactions. Notwithstanding the above, contracted vendors are encouraged to market their products to the end users directly and not depend solely on the contract to generate sales.

The estimated annual value of this contract is in excess of $3M. Actual purchases against this contract will be made by means of either an official state purchase order; a state procurement card; or through UW–Madison’s e-commerce ordering system.

See Specifications (Section 6) and (Attachment B) and the Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired. 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 of other Eligible Purchasers. The University reserves the right to issue separate bids when deemed in the best interest of the University.

Revisions to this bid may be made only by an official written amendment issued by Purchasing.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards. Contract vendor(s) may be asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Bid/Request for Proposal.

2.3. Definitions:

The following definitions are used throughout this document:

Agent means UW Madison Purchasing Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

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

Contractor means successful Bidder awarded the bid.

CT means Central Time.

Department means UW-Madison’s ordering department.

DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

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

RFB means Request for Bid.

State means State of Wisconsin.

University and UW both mean University of Wisconsin-Madison.

WBE means Woman-Owned Business Enterprise.

2.4. eSupplier/VendorNet Registration:

Registration on the State of Wisconsin’s eSupplier Portal (eSupplier.wi.gov) is available free of charge to all businesses and organizations that want to sell to the state. Refer to Bidder Response: Registration and Sign-in Process for further instructions. Registration allows a vendor to:

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

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

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

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

2.5. Orders:

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

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

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

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

2.6. Electronic Commerce/Online Ordering:

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

2.7. Campus Delivery Requirements:

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

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

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

2.8. Promotional Materials/Endorsements:

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

2.9. Intentionally Left Blank

2.10. Supplier Diversity:

2.10.1. Minority Business Enterprise Program (MBE)

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

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

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

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

2.10.2. Woman Owned Business (WBE)

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

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

2.10.3. Disabled Veteran Owned Business (DVB)

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

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

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

2.11. Discriminatory Boycotts of Israel:

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

3. RFB Process Instructions

3.1. Clarifications and/or Revisions through Designated Contract:

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

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFB, they have eight (8) business days after the bid issue date and time to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFB document.

ADMINISTRATIVE:

Janet Bresnahan

UW Purchasing

21 N Park St, Suite 5301

Madison, WI 53715-1218

E-mail: janet.bresnahan@wisc.edu

PHONE: (608) 262-6335

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

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

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

3.2. Applicable Dates:

05/12/2022

Date of Issue of the RFB

05/24/2022

Written questions due

05/24/2022

Intent to Submit a Bid Response due

05/27/2022

Responses to questions due

06/10/2022 – 2:00 PM CT

RFB Due Date (Local Madison Time)

3.3. Term of Contract:

The initial term of this contract shall be October 1, 2022 through September 30, 2025. This contract will be automatically renewed for two (2) additional one-year terms until September 30. 2027, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, 90 calendar days prior to expiration of the initial and/or succeeding Contract term(s).

3.4. Proprietary Information:

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). A copy of the form needed to designate portions of your submission as proprietary can be found at: VendorNet Information Center (wi.gov)

3.5. Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations for your site visit, contact Agent.

3.6. Method of Bid:

3.6.1. Bidder should submit a bid as instructed in Attachment C and in the format outlined on the Itemized Bid List, (Attachment C – Excel). Bids should be quoted as a percent discount from the most current price list(s) identified on the Itemized Bid List for each product/service category. A University specific price list for all categories bid must accompany the bid response. Price lists must be submitted in the format requested in 5.1.3. Refer to Section 5.1 and Attachment C for additional pricing requirements.

3.6.2. If there is more than one price list, each price list and the related discounts should be identified. If the price list(s) has more than one price column, Bidder must identify from which price column discounts apply. If not identified by the bidder, UW may use the highest priced column for award consideration.

The column identified shall be used as the basis for award and all subsequent orders unless a lower priced column is negotiated by the parties.

3.6.3. Tiered discounts should be bid where applicable. Identify on the Itemized Bid List (Attachment C – Excel) how volume discounts are applied.

3.7. Method of Award:

3.7.1. The University intends to award to multiple responsive, responsible bidders based on the product/service mix offered and net pricing of the items bid in the Itemized Bid List, as judged to be in the best interest of the University, however, the University reserves the right to award to only one bidder for a specific manufacturer’s product category. The University is the sole determinant of its best interests.

3.7.2. The breadth of products and services offered by bidders to efficiently fulfill the University’s research requirements and avoid excess duplication will be considered.

3.7.3. The University reserves the right to reject any bids not submitted with all the requested documentation included and all attachments completed as requested. Refer to Section 1.1. Bid Response Requirements.

3.7.4. Discounts bid shall be considered the minimum discount offered for the entire contract and will be used for future orders. Contracts may offer greater discounts throughout the term of the Contract.

3.7.5. GSA Pricing:

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

3.8. Samples and Evaluations:

3.8.1. Bidder may be requested to submit a no-charge, non-returnable sample(s) at any time during the term of the Contract.

3.8.2. Non-returnable samples should be clearly labeled as “sample” and should be identified with the bidder’s name, bid number, due date and bid item number.

3.8.3. Samples requested shall be delivered to the designated location no later than the date and time specified by the University.

3.8.4. 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”.)

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:

Bidder company or its principals must be in the business of providing BIOSCIENCE RESEARCH PRODUCTS AND PROCESSES and must have done so for the past three (3) years.

4.3. Authorization:

Bidder must be an original manufacturer or an exclusive distributor for the items bid. Exclusive Distributors must provide documentation from the manufacturer confirming the exclusive distribution relationship.

4.4. Client List/References:

Upon request, bidders must supply a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (see Attachment E). If requested, the completed form must be submitted within one week of the request. The University may perform due diligence by contacting any applicable business reference, including references from within the UW System, state agencies, or other state public institutions. References may be used to determine whether bidder can reasonably meet contract requirements and specifications and may be used in the award consideration.

4.5. Fair Price Analysis:

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

4.6. Minimum Order:

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

4.7. Debarment:

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

5. Performance and Contract Requirements

5.1. Firm Prices and Discounts:

5.1.1. Prices quoted should remain firm for a minimum of 90 calendar days after Contract Start Date. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.2. Net Prices for contracted items shall be based on a firm discount from the price lists(s) referenced on the Itemized Bid List (Attachment C - Excel) and submitted with your bid. This net price list is referred to as the University Specific Price List and must be kept current throughout the contract term. The percentage discount quoted is the minimum discount Contractor may offer for the contracted items and must remain firm during the initial contract term and each renewal term. Higher discounts may be offered at any time during the contract term.

5.1.3. Price increase requests after the 90 calendar firm price period (see 5.1), including increases to any contractually approved shipping and special handling charges, are allowed once per calendar year and must be received by Purchasing in writing 30 calendar days prior to the effective date of proposed increase for acceptance or rejection. Notices of any price increases should be e-mailed along with the revised University Specific Price List(s).

Both the University Specific Price List submitted with your bid and revised price files must be submitted in the format below. They must be in searchable Excel (preferred) or PDF files. Scanned PDF files are not acceptable. The University Specific Price List(s) submitted with your bid response must be provided as a separate attachment. All price files must be labeled with the Contractor Name, Contract Number and Effective Date.

Vendor Item # Manufacturer Name Manufacturer Item # Product Category

Price increases linked to a vendor’s website will not be accepted for this bid or Contract.

Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part; or to negotiate price increase requests with the Contractor; or terminate the Contract with the Contractor. Acceptance of the price increases shall be in the form of an amendment to the Contract Publication. New items that are within the scope of the contract may be added to the price list at the appropriate discount without notice, provided that the prices of the other items on the price list have not increased.

5.1.4. Some associated supplies specifically for use with the Product Categories awarded on this bid may be provided during the Contract Term. Indicate on the Itemized Bid List (Attachment C – Excel) what percentage discount will be offered for these products.

5.1.5. Invoices shall be audited using the most current contract price list(s) and discount rate on file in Purchasing on the date the order was placed. Failure to provide price increases as indicated in Section 5.1.3 will not be considered a notice of price increase, and increases will not be accepted. It is the Contractor’s responsibility to submit requests for price increases as specified herein. Unless price lists are submitted as requested, invoices will be short paid and/or disputed. No late payment fees will be paid when invoice delays are due to Contractor’s failure to submit invoices as requested in this section of the RFB.

5.1.6. When quotations for specific purchases are requested by University departments, Contractor should provide all prices showing item number, bid contract number, description, manufacturer name, list price, discount percentage and net price.

5.2. F.O.B. Destination:

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

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at the location(s) specified at the time of order. Bid prices must include all packing, freight, insurance charges and product documentation/operation manuals, excluding any import costs.

The Bidder is required to complete the FOB Section on the Excel worksheet in Attachment C, Itemized Bid List. Any additional freight or handling costs will be considered in determining the award.

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

5.3. University Imports:

Definitions:

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

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

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

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

5.4. Timeliness of Delivery:

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

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within two (2) working days of a receipt of order or release against existing order(s).

5.5. Item Return Policy:

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

5.6. Additional Items/Services:

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

5.7. Intentionally Left Blank:

5.8. Invoice Requirements:

5.8.1. Invoice for Purchase Orders:

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

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

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

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

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

· prices per the Contract

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

The original invoice must be sent to University Accounts Payable, 21 N Park St, Suite 5301, Madison, WI 53715-1218 or emailed to: AP-invoices@bussvc.wisc.edu. This is an unattended automated email box, so invoice inquiries should not be sent to this email box. Each unique invoice must be submitted as unique PDF. Do not combine multiple invoices into a single PDF.

5.8.2. Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 5.8.1 and should be sent to the address given at the time of the order is placed. Any fees charged for use of the University’s purchasing card program are not allowed.

5.9. Payment Terms:

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University of Wisconsin-Madison. The University will pay the Contractor Net 30 days as accepted by the University. Please note on Attachment A if your organization offers an early payment discount.

5.10. Shipments, Duplicates and Overshipments:

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

5.11. Training:

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the customer. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

5.12. Insurance:

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award.

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

5.13. Performance Meetings:

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

5.14. Subcontracting:

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

5.14.2. 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.

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

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

5.15. Activity Reports:

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

· Date of order/release

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

· Manufacturer part number

· Vendor part number, if different

· Complete item description identical to the description stated in proposal

· Quantity sold per item

· Sold price

· Unit of measure

· Extended price

· Total sales of all items for the reporting period.

5.16. Contract Termination:

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

5.16.2. Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 30 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as, but not limited to, failure to provide notice of price increases and updated price lists; improper invoicing; repeated late deliveries; product quality issues; or failure to provide any of the Terms, Conditions or Specifications.

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

5.16.4. 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.

5.16.5. 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.

5.16.6. All notices of performance failure must be submitted in writing to Purchasing, 21 N Park St, Suite 6101, Madison, WI 53715-1218. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.17. Other Eligible Purchasers:

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities, may desire to purchase from this contract.

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

5.18. Record and Audit:

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

The University shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. The University reserves the right to inspect any facilities used to support this Contract.

5.19. Entire Contract:

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

A. Contract Award Letter B. Original Request Bid Number 23-5540, dated 05/12/2022 including amendments/attachments C. Bidder response to RFB D. Official Purchase Order (when applicable) Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any deviations and exceptions to this RFB should be submitted in a Word document on the bidder's letterhead, signed, and attached to the bid response. Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully and alternative language proposed. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such a document, the bid shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be responsible for meeting all the bid specifications, terms and conditions.

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

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

5.20. Travel Per Diems:

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

5.21. Special Pandemic and Emergency Operations Considerations:

The University of Wisconsin System, individual campuses, municipalities, counties, or the State or Federal government may have emergency orders or guidelines in place mandating or recommending measures such as face masks, protective gear, hand washing, temperature checks, symptom reporting, social distancing, or other temporary public health and safety measures. All suppliers visiting UW campuses or participating in UW sponsored activities, whether on or off campus, must comply with all relevant University, campus, government, and public health and safety mandates and guidelines unless specifically exempted by the applicable legislation, executive order or public health order. UW reserves the right to impose additional health and safety requirements, processes, and procedures at any time. Proposers, contractors and suppliers and their support personnel present in person at any UW site or event must comply with all such applicable measures in effect at that location.

5.22. W-9 Form:

All suppliers are required to submit a current W-9 for the University to set up a supplier file. Below is a link to the current IRS form. https://www.irs.gov/pub/irs-pdf/fw9.pdf

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

See Specifications (Section 6) and (Attachment B) and Itemized Bid List (Attachment C) for the minimum acceptable specifications for items/services desired.

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

6.1. Bidder’s Response on Attachment C:

The Excel worksheet in the Itemized Bid List (Attachment C) must be clearly identified by manufacturer and product category(s) and/or appropriate identification as requested in the instructions in Attachment C. All sections of this attachment must be completed. A URL Link to the Product Category(s) bid should be provided with your bid response. The University will be the sole judge of equivalent acceptability between bidders’ responses.

6.2. Warranty:

6.2.1. 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.

6.2.2. Contractor must use only manufacturer trained personnel for this contract.

6.3. Employee Identification:

All the 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.

6.4. Environmentally Friendly (“Green”) Product:

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

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6.9. On-Site Demonstration (Post Award):

An on-site demonstration of any product may be required for evaluation…