28242-BLG 11.22.16.doc

REQUEST FOR BID

Electrical and Plumbing Maintenance, Repair and Operating Supplies (MRO)

RFB # 28242-BLG

Prepared By:

Brooke Gullick

State Bureau of Procurement

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://vendornet.state.wi.us. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you must follow in order to submit a response to the RFB.

1.

Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

2.

Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs in order to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

3.

The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the Purchasing Agency’s needs.

4.

Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is critical because the bid pricing will determine what Bidder(s) will be allowed to enter into a contract with the State).

5.

The remaining sections of the RFB describe the process you must follow and the way you must present your bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6.

If you are still interested in competing for the State’s business, you should provide your best pricing, complete all the required forms and review Section 9.0 State Contract Form.

7.

Please note, your bid response be complete and accurate. You must follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Manager identified in the RFB.

8.

Your RFB response must arrive at the proper location before the due date and time. Late bids will be rejected.

Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future procurement opportunities.

TABLE OF CONTENTS

31.0

INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3

CONTRACT TERM

1.4

MODIFICATIONS OF CONTRACT

1.5

ORDER OF PRECEDENCE

1.6

COOPERATIVE PURCHASING SERVICES

1.7

OVERVIEW OF PROCURING AGENCY

2.0 BIDDER QUALIFICATIONS and REQUIREMENTS 3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1

GENERAL SPECIFICATIONS

3.2

PERFORMANCE AND SUPPORT REQUIREMENTS

4.0

SPECIAL TERMS AND CONDITIONS OF BID

4.1

ORDERS

4.2

DELIVERY/SHIPPING/PACKAGING REQUIREMENTS

4.3

DUPLICATES AND OVER SHIPMENTS

4.4

RETURN POLICY

4.5

NEW AND DISCONTINUED ITEMS

4.6

BACKGROUND CHECKS

4.7

REPORTING

4.8

LIQUIDATED DAMAGES

4.9

PAYMENT TERMS

4.10

SAFETY DATA SHEETS

4.11

CERTIFICATES OF INSURANCE

4.12

CANCELLATION AND TERMINATION

5.0 PRICING STRUCTURE And PRICE SHEET INSTRUCTIONS 5.1

METHOD OF BID

5.2

PRICE SHEET INSTRUCTIONS

5.3

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

5.4

REQUESTING PRICE ADJUSTMENTS

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3

REASONABLE ACCOMMODATIONS

6.4

VENDORNET REGISTRATION

6.5

SUBMITTING A BID

6.6

FAXED BIDS

6.7

EMAILED BIDS

6.8

FORMAT OF BID RESPONSE

6.9

MULTIPLE BIDS

6.10

INCURRING COSTS

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

7.2

BID REVIEW

7.3

BID ACCEPTANCE

7.4

METHOD OF AWARD

7.5

BIDDER REFERENCES

7.6

USE OF SUBCONTRACTORS

7.7

SUPPLIER DIVERSITY

7.8

AWARD NOTIFICATION

8.0

REQUIRED FORMS

9.0 STATE OF WISCONSIN sample CONTRACTS

1.0 INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated.

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for Electrical and Plumbing Maintenance, Repair and Operating (MRO) Supplies. The State of Wisconsin, as represented by its Department of Administration (DOA), intends to use the results of this process to establish a mandatory statewide contract for all its agencies and institutions, including the University of Wisconsin System campuses and may also be utilized by Municipalities.

The estimated annual spend on this contract is approximately $7 million annually, however, the State does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the contract.

This Request for Bid (RFB) is issued for the State of Wisconsin by the Department of Administration’s Bureau of Procurement (SBOP). The Department of Administration intends to utilize this bid for Electrical and Plumbing Maintenance, Repair and Operating (MRO) supplies as noted by the product categories and subcategories listed below:

· Data Cables and Components

· Lamps

· Ballasts and Fixtures

· General Electrical

· Breakers

· Wiring Devices

· General Plumbing

· Pipes, Fittings and Tubing

· Valves and Accessories

No other MRO categories are covered within the scope of this contract.

User delivery locations are located throughout the State of Wisconsin. Major agencies participating in this contract include the Department of Administration (DOA), Department of Corrections (DOC), Department of Natural Resources (DNR), Department of Transportation (DOT), Department of Health Services (DHS), University of Wisconsin System (UW), and the remaining agencies including Wisconsin school districts and municipalities.

1.3

CONTRACT TERM

This contract shall run for an initial two (2) year period. The State of Wisconsin, Department of Administration and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional three (3), one (1) year periods. The Contract shall be effective on March 1, 2017, or the date it is executed by the State of Wisconsin, Department of Administration. If no formal contract is executed, the effective date of the contract is the date of the purchase order.

1.4 MODIFICATIONS OF CONTRACT

The State reserves the right to add or delete items during the contract term to meet the needs of the State. The Contract shall not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5

ORDER OF PRECEDENCE

In the event of contract award, the executed Contract document, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by the State of Wisconsin, Department of Administration, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

· Official Purchase Order

· Final Signed Contract with clarifications included

· Bid Response as accepted by the State of Wisconsin

· Request for Bid

1.6

COOPERATIVE PURCHASING SERVICES

Commodities and services shall be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by the Procuring Agency and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with the Procuring Agency and providing appropriate documentation and support and reporting contract usage by Municipalities.

The Bidder shall complete and return Form DOA-3333 Vendor Agreement for Wisconsin Cooperative Purchasing.

1.7

OVERVIEW OF PROCURING AGENCY

The Department of Administration performs administrative and executive functions for the State of Wisconsin. The State Bureau of Procurement (Bureau) will administer the contract resulting from this RFB. The Contractor and the respective Authorized Users will work together to resolve any problems or issues related to the purchase of products such as ordering, delivery or returns. The Contractor shall communicate or meet with the designated Authorized User’s representative, as requested, to resolve problems.

Any problems that cannot be resolved between the Authorized User and the Contractor will be referred to the Contract Manager. The Contract Manager will inform the Contractor in writing of the unresolved issues and the Contractor will respond with proposed corrective actions. Either the Bureau or the Contractor may request meetings to address unresolved contract issues.

The Wisconsin Department of Administration is the sole point of contact for the State of Wisconsin during this RFB process. The person responsible for managing the procurement process is:

Brooke Gullick Brooke.Gullick@Wisconsin.gov 608-266-0817 2.0 BIDDER QUALIFICATIONS and REQUIREMENTS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, the State of Wisconsin reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

2.1 Bidder must be a manufacturer, an authorized manufacturer’s distributor, or an authorized dealer of any products quoted on this RFB.

2.2 Bidder must have been in the business of supplying electrical and/or plumbing supplies to commercial or government customers, for at least three (3) calendar years prior to the submittal of this bid.

2.3 Bidder must honor, at a minimum, the original manufacturer’s warranty for all products purchased under this contract and guarantees its products to be free from defect in materials and workmanship, given normal use and care, over the period of the manufacturer’s warranty.

Before the award of any Contract, the Department shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this bid. It is the Bidder’s responsibility to acquaint the Department with these qualifications by submitting appropriate or supporting documentation.

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements must be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated. Bidder must use Appendix C: Bidder Checklist to respond to this section. Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, the State reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

3.1 GENERAL SPECIFICATIONS

3.1.1 All products sold on this contract must be manufacturer's current production items.

3.1.2 Any chemicals/compounds delivered on this contract must have a minimum of 12 months remaining before date of expiration.

3.1.3 All products sold under this contract must conform to ASTM (American Society for Testing and Materials) or UL (Underwriters Laboratories) standards for safety and certification.

3.1.4 Contractor must obtain prior approval from the ordering End User before substitutions of alternative products are shipped. End Users reserve the right to refuse and/or return, at no additional cost, any item that is substituted without prior written approval.

3.1.4.1 Substitution must meet or exceed the original specifications and quality requirements.

3.2 PERFORMANCE AND SUPPORT REQUIREMENTS

3.2.1

Contractor shall provide one point of contact as contract representative to work with the State of Wisconsin Contract Manager for contract administration and performance concerns.

3.2.2

Contractor shall provide all End Users with a point of contact (ie account representative, customer service) and a back-up point of contact to answer all questions and resolve problems. Contact must be available by phone and email.

3.2.3

Contractor shall notify the Contract Manager immediately of any changes in contact information respective to points 3.2.1 and 3.2.2.

3.2.4

Contractor shall have customer service representative(s) available to End Users of this contract Monday-Friday, 8:00AM-4:30PM CST, except for State holidays.

3.2.5 Contractor shall respond to all communications within one business day.

3.2.6 Contractor shall supply End User with accurate invoices for all orders within five (5) business days of ARO if no receipt date is specified.

3.2.7 If pricing problems are identified by the Contract Manager, the Contractor must issue credits to all Authorized Users within forteen (14) days of notification of the problem(s) unless agreed upon differently by the Contract Manager and the Contractor.

3.2.8

Any flyer/promotional material, whether electronic or hard copy, must be approved by Contract Manager prior to distributing to End Users.

4.0

SPECIAL TERMS AND CONDITIONS OF BID

The State reserves the right to negotiate these terms and conditions when it is in the best interest of the State to do so. The bidder may not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The State may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the State.

Bidder must use Appendix C: Bidder Checklist to respond to this section.

4.1

ORDERS

Authorized Users vary in terms of their operations and needs. This variety in agency and campus operations may require different business models for ordering commodities.

4.1.1 TRADITIONAL BUSINESS MODEL

The Traditional Business Model is described as the ability to place orders online through a vendor hosted contract website, email, fax and telephone.

4.1.1.1 Contractor shall provide the following ordering methods; online secure website, toll free number, and fax.

4.1.1.2 Contractor must have a website or an electronic searchable list of products, with pricing, available for all contract End Users.

4.1.1.3 Contractor must accept, at no additional cost to the State, the State P-Card, check or ACH, purchase orders and blanket orders as payment. Transaction fees and/or service fees will be at the Contractor’s expense.

4.1.1.4 All orders by any participating Agency under this contract must not be subject to minimum dollar or quantity order requirements.

4.1.1.5 Contractor shall block items that the State designates should not be purchased from the contract. Contractor website must have the capability to restrict (“lock” or “block”) SKU’s from purchase as dictated by the Bureau.

4.1.2 ADDITIONAL BUSINESS MODELS FOR ORDERING

In addition to the traditional business model, Bidders shall have the capability to support the following business models:

WISBuy Business Model WISBuy is the branded name of the e-catalog system utilizing SciQuest. Authorized End Users with access to WISBuy log-in to a web ordering system which includes catalogs from numerous state contracts. Orders in WISBuy PCard Marketplace are paid with a PCard. Orders in WISBuy eCatalog are accessed via the ERP software PeopleSoft and paid with purchase orders. End Users can search and compare products and pricing on State contracted items, add items from multiple suppliers into one cart, and place an order with multiple vendors at one time. SciQuest then sends the orders to the appropriate vendors for fulfillment and billing. More information can be found at wisbuy.wi.gov, www.sciquest.com and starproject.wi.gov.

There are two types of enablements; Hosted catalog and Punchout catalog. It is the sole discretion of the State to decide which enablement will be used for Electrical and Plumbing Maintenance, Repair and Operating Supplies (MRO).

Hosted catalog By providing a hosted catalog, the Contractor is providing a list of its awarded products and pricing in an electronic data file in a format acceptable to SciQuest, such as Tab Delimited Text Files. In addition to URL’s to product images.

Punchout catalog

By providing a punchout catalog, the Contractor is providing its own online catalog, which must be capable of being integrated with WISBuy as a standard punch-in via Commerce eXtensible Markup Language (cXML). Typically, the site must also return detailed UNSPSC codes for each line item and have the capability of providing e-Quote functionality.

The following apply for both the Hosted and Punchout enablements:

4.1.2.1 Contractor shall maintain product catalog and price file with accurate state pricing and available products. Product Catalog and price file content shall be strictly limited to the Contractor’s awarded contract offering. The Bureau shall be the sole judge as to compliance. If the Bureau determines the price file doesn’t meet compliance, contractor shall resubmit file with all required corrections within two (2) business days.

4.1.2.2 Contractor shall include accurate and complete product information in the product content file. Required information includes Product Category, Contractor Part Number, Product Description, Packaging UOM, Product Size, Manufacturer Part Name and Part Number, link to image, and a Long Description used to include details of the product. SciQuest resource (Supplier Reference Materials tab for Catalog Management Templates) contains the file template to compile your price file for the SciQuest upload.

4.1.2.3 Contractor shall notify Procurement Manager, via email, two (2) weeks prior to any changes/upgrades/maintenance/release schedules to a punchout side.

4.1.2.4 Contractor shall provide a point of contact for technical issues related to the eCatalog.

4.1.2.5 Contractor shall accept orders and payments via SciQuest. Pcard payments containing the full purchasing card number shall be transmitted securely via XML or Fax. Encrypted pcard number and information may be submitted via email, when contractor’s billing system provides secure ability to link up orders with saved, encrypted payment information.

Shop@UW Business Model Shop@UW is the branded name of the business-to-business (B2B) e-commerce platform utilizing SciQuest. All orders are placed, invoiced and credited (if necessary) electronically through Shop@UW using server to server cXML communication of pertinent order, delivery and invoice information.

The information below is meant to inform Bidders of operational efficiencies in the form of payment, delivery and customer management that Shop@UW provides to suppliers enabled on Shop@UW. By providing these services centrally to all Shop@UW customers and Shop@UW suppliers, MDS (Material Distribution Services) is able to reduce a supplier’s cost to serve when compared to the traditional business model.

4.1.2.5 Centralized Customer Management: Shop@UW currently maintains ~10,000 active accounts. All login information, order history, funding and shipping information is managed by Shop@UW. This eliminates the need for the supplier to set up and manage any individual accounts for Shop@UW customers. In addition, the Shop@UW customer service team serves as the main point of contact for issues concerning missing packages, order failures, back orders, etc.

4.1.2.6 Centralized Receiving: Shop@UW orders destined for delivery in the greater Madison area will be coded to be drop shipped to the MDS warehouse in Verona, Wisconsin. MDS handles delivering of each order to the End Users specified location. This eliminates the need for the Contractor (or the Contractor’s freight provider) to service approximately 100 buildings on the UW-Madison campus alone, which offers little consideration for sufficient loading dock area, temporary parking and traffic flow (construction, student pedestrian activity, bikes, scooters, etc.).

The MDS receiving process includes bar-code scanning of all packages delivered and bar-code scans of all packages re-delivered. Each final destination delivery is GPS stamped with a location. This process ensures easy communication and resolution of missing or mis-delivered product complaints.

4.1.2.7 Custom Payment Terms: All Shop@UW e-invoiced orders are consolidated twice per month (minimum) and one payment (less any applicable discount) for all orders is made by check or ACH (no credit cards). MDS pays 100% of all Shop@UW invoices within twenty (20) days for all End User purchases; disputed charges are corrected via credits submitted electronically through the SciQuest eSettlement process. Electronic invoices are receipted on a daily basis, and no credit cards are utilized. Historically, Shop@UW vendors receivables are 95% paid within thirty (30) days. This minimizes vendors’ accounts receivable processes and alleviates payments to a bank for credit card processing.

4.2

DELIVERY/SHIPPING/PACKAGING REQUIREMENTS

4.2.1 Delivery of product shall be made to any location with the State of Wisconsin as needed and ordered during the State’s normal business hours (8:00AM-4:00PM CST), excluding State of Wisconsin holidays.

4.2.2 Contractor must fill back orders and custom orders for all products within ten (10) business days of the originally scheduled delivery date unless an extended period is agreed upon between End User and Contractor.

4.2.2.1 Contractor cannot cancel back orders nor make product substitutions without advance approval from the ordering End User.

4.2.2.2 Upon the ordering End User’s request, back orders shall be shipped via overnight delivery service at no additional cost.

4.2.2.3 Any and all additional costs associated with acquiring a back ordered product shall be the contractor’s responsibility.

4.2.2.4 In the event a product is on back order from the manufacturer, the contractor will be responsible for communicating with the End User within 24 hours of order placement.

4.2.2.5 The Contractor will be responsible for offering acceptable alternative products to the End User.

4.2.3 All shipments,regardless of location of distribution center, shall be FOB Destination, Freight Paid by Contractor (as per section 5.3). Contractor is responsible for filing and expediting all freight claims with carrier. Exception: Next Day or Rush deliveries must be verifiable by email authorization from End User in order for vendor to invoice freight charges. Charges limited to the additional cost for expedited shipping, not the entire shipping charge.

4.2.4 All commodities of this procurement shall be packaged in accordance with all current state and federal regulations to ensure acceptance by common carriers for safe and secure delivery to End Users. The State of Wisconsin encourages use of recycled or reusable packaging material in all shipments.

4.2.4.1 The following requirement is applicable only to UW-Madison:

RECYCLED PRODUCTS/PACKAGIN/DISPOSAL TECHNIQUES: The University is committed to promote environmentally sound procurement, usage and disposal methods which are in compliance with State of Wisconsin County, and Municipal regulations. Currently the University has a recycling program for starch and Styrofoam packing peanuts. The University’s preference is to receive starch peanuts whenever possible. The Contractor shall not use INSTAPAK( or mix starch and Styrofoam peanuts under any circumstances. Each product shall be separately pre-packed in accordance with commercially accepted methods. Small products may be packaged in protective envelopes (Mail-Lite or Bubble-Jet packs).

If you have an alternate shipping method than stated above, contact UW-Madison directly.

4.2.5 Authorized User-Specific Requirements: Contractor must comply with all security, safety and identification requirements of any Authorized User at no additional cost. Authorized Users are responsible for notifying the Contractor of all such requirements prior to or while placing their first order.

4.2.6 For all shipments, a shipping label must be affixed to each package and must include the following fields:

4.2.6.1 Standard Label Fields:

· Agency/Campus Name

· Attention Line – Authorized User/Customer

· Address

· Department and Floor (where applicable)

· Room Number (where applicable)

· Telephone Number 4.2.7 For all shipments, a packing slip must be included in/or on each package and must include the following:

4.2.7.1 Standard Packing Slip Fields:

· Line Item Description

· Quantity Ordered

· Quantity Included in Shipment

· Any Back Ordered Items

· Unit Price

· Number of Parcels in Order

· Purchase Order, Delivery Order or Invoice Order Number

· Customer Internal Order Number

· Ordering End User Name

· All Information Contained on Shipping Label (see Section 4.2.6)

4.2.8 UW Madison – Campus Delivery Requirements (non-Shop@UW/MDS orders):

4.2.8.1 The University of Wisconsin-Madison no longer permits access to trucks over 30 ft. in length on several designated streets on 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.

4.2.8.2 Contractor shall deliver goods to the stated delivery address in accordance with the 30’ truck policy. 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.

4.2.8.3 Delivery of orders shall be made to University departments during normal University business hours (Monday-Friday, 7:30 a.m. – 4:30 pm).

4.2.9

Access to DOC Institution and Secure facilities:

Execution of this contract may require access/entrance into DOC or DHS secure facilities. All contractor staff may be required to submit to a Criminal Background Check, which must be successfully completed prior to arrival. Although specific policies vary somewhat between facilities, the following (but not limited to) will apply:

All vehicles entering and leaving the facility may be searched, causing up to 30 minutes delay each way. Within the fence, contraband items are prohibited in the vehicle as well as on the person. Contraband items include but are not limited to drugs, tobacco products, cell phones, adult or pornographic materials, explosives and weapons (including pocket knives, box cutters, and razor knives, unless a part of an inventoried tool box.) In many locations, drivers must turn off vehicle motors and lock cab doors whenever their truck is unattended.

Tool boxes should be inventoried prior to arrival to facilitate security staff accounting. Items may be left with security, however illegal items may not be returned. Possession of contraband may be reported to local law enforcement. Contractor staff may be required to pass through a metal detector and/or have all carry-in items x-rayed or searched.

Delivery persons will need to be properly documented with approved identification: a valid Wisconsin or other State’s driver’s license. Vehicles will be subject to search upon entering and leaving said Facility. Vehicles containing weapons, drugs or drug paraphernalia, live animals, additional passengers, and/or any other restricted items will not be allowed to enter the facility.

The State will not be responsible for any additional delivery charges resulting from being denied entry by non-compliant delivery personnel.

4.3

DUPLICATES AND OVER SHIPMENTS

Upon notification by the Procuring Agency of a duplicate or over shipment, goods must be removed at the Contractor's expense. If such goods are not removed within 30 business days of receipt of written notification from the Procuring Agency, the Procuring Agency shall dispose of them at its discretion and will not be held liable for the cost.

4.4

RETURN POLICY

4.4.1 Any items delivered in poor condition, in excess of amount ordered or not included on the purchase order or requisition form may be returned, at End Users discretion, to the vendor for up to 30 calendar days from date of delivery. Vendor shall be responsible for shipping charges and no restocking fees are allowed. Vendor will not supply any product that has a restocking fee without specific stand-alone email authorization from End user which acknowledges a restocking fee in case of product return because of End user error.

4.4.2 Return of unopened items, ordered in error by End user, shall be accepted for return by Contractor with no restocking fee, up to 30 calendar days from delivery. End user will be responsible for shipping charges, if any, associated with return of product(s) ordered in error.

4.4.2.1 The only exception is for custom-made-to-order pieces shipped direct from manufacturer that are non-cancellable/non-returnable items. Contractor must inform the End user and the End user must acknowledge in writing prior to ordering that the item(s) is non-returnable.

4.5

NEW AND DISCONTINUED ITEMS

The State reserves the right to add or delete items during the contract term to meet the needs of the State.

New products as announced by the manufacturer may be added to this contract at the discretion of the State Bureau of Procurement at a price conforming to other like items on the contract. Products which are no longer manufactured shall be deleted from this contract. Contractors shall promptly notify Procurement Manager of new or discontinued items. Contractor shall notify Contract Manager of end of-life product(s) and how replacement(s) will be handled, how long it will be supported, etc.

4.6

BACKGROUND CHECKS

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting contract. The State is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor’s ability to meet contractual obligations and requirements.

4.6.1 Security and Credential Review: The DOC requires that all persons providing services in its facilities submit and pass criminal background and license/credential checks. History of arrests and/or convictions could disqualify an individual if deemed relevant to the position, service or site. Background checks will be conducted and paid for by the institution, and records will be maintained on site, as well as copies of credentials and licenses.

4.7

REPORTING

Awarded vendor(s) must provide electronic, monthly sales transaction reports to Contract Manager. These reports will be due by the 15th of the month following the report month. These reports shall include:

· Name of Agency/Campus/Institution/Municipality purchasing product

· Customer Account Number

· Purchasing Card (P-Card) Purchase (yes or no)

· Order Number

· Order Date

· Product Description

· Product Subcategory

· Product Tier (1,2 or 3)

· Contractor Product Number

· Manufacturer Name

· Manufacturer Product Number

· Product Unit of Measurement

· Cost to Contractor

· End User Unit Price

· Quantity Ordered

· Extended Price (quantity x discounted price ea.)

The monthly sales transaction report shall be in excel format using the template provided, see Appendix B: Monthly Sales Report. The report shall contain all sales (State agencies, Universities, Municipalities) and the formatting integrity shall remain intact; see instructions on Appendix B: Monthly Sales Reporting. Any changes to the report format must be submitted and approved by the Contract Manager prior to the change. Failure to supply accurate reports in a timely manner may result in cancellation of the Contract without penalty to the State.

Bi-weekly back log reports shall be provided to any State Agency, University, Municipality should they make a request to receive them.

4.8

LIQUIDATED DAMAGES

The Procuring Agency may suffer damages due to Bidder’s lack of performance of certain terms and conditions of the resulting contract by the Contractor. Since it is impractical and extremely difficult to fix the actual damages sustained in the event of any such non- performance, the Procuring Agency will impose the following liquidated damages for the performance failures listed below.

When a vendor fails to comply with contract requirements, when a delivered item is improperly produced or otherwise not to specifications, or when time is of the essence, the contractor may be assessed damages for any order or part of an order that is overdue or defective.

Awarded Bidders whose default has caused additional expense to the Agency may be assessed liquidated damages to compensate the Agency for actual damages incurred.

In addition to the provisions stated above, in the event the vendor defaults in any of the covenants, agreements, commitments, terms or conditions herein contained, the State shall have all other rights and remedies which it may have at law or in equity against contractor.

A late delivery charge in an amount not more than five percent (5%) per day of the net due for each working day the vendor is late may be charged to the contractor. The late delivery fee may be deducted from any payments due the contractor.

4.9

PAYMENT TERMS

Payment will not be made until the product is determined to meet all Specifications, requirements and deliverables and has been accepted by End User. Payment will be made in accordance with prompt pay legislation. Wis. State. § 16.528

4.10 SAFETY DATA SHEETS

If any item(s) on this order is a hazardous chemical, as defined under OSHA 29 CFR 1910.1200, or an infectious agent, as defined by Wis. Stat. § 101.58 the Contractor shall include the appropriate Safety Data Sheet(s) with the initial shipment and with the first shipment after a Safety Data Sheet is updated. The Contractor shall send the initial or updated Safety Data Sheet(s) with a complete container, partial container or single product. The distributor, manufacturer or Contractor may make access to Safety Data Sheets available online via their website; however, Safety Data Sheets must be provided as stated herein, regardless of online availability, to meet State of Wisconsin and United States Department of Labor, Occupational Safety and Health Administration (OSHA) requirements.

4.11 CERTIFICATES OF INSURANCE

Upon request by the State of Wisconsin, the Bidder shall provide copies of insurance policies and/or insurance certificates in effect during this contract. The insurance policies must be issued by an insurance company licensed to do business in the State of Wisconsin, with a minimum AM Best rating of A- unless otherwise approved in writing by the State’s contract administrator and the signature of an authorized agent.

The policies and/or certificates shall be submitted to the State upon request, for annual review and/or when insurance coverage(s) or providers are changed. In the event the Contractor’s required insurance policies in effect during this contract are modified or cancelled, Contractor shall immediately provide notice to the State of Wisconsin.

4.12 CANCELLATION AND TERMINATION

4.12.1

TERMINATION FOR CAUSE

The State may terminate this Contract after providing the Contractor with thirty (30) calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.

The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar days notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

Upon the termination of this Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

4.12.2

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days notice to the State in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed Services. In this event, compensation for such partially completed Services shall be no more than the percentage of completion of the Services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such Services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual Service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

4.12.3

CONTRACT CANCELLATION

The State reserves the right to cancel this Contract in whole or in part without penalty if the Contractor:

· Fails to perform any material obligation required under the Contract

· Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity

· Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice

· Makes an assignment for the benefit of creditors

· Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes

· Incurs a delinquent Wisconsin tax liability

· Fails to submit a non-discrimination or affirmative action plan as required here in

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

· Becomes a federally debarred Contractor

· Is excluded from federal procurement and non-procurement contracts

· Fails to maintain and keep in force all required insurance, permits and licenses as provided in this Contract

· Fails to maintain the confidentiality of the State’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable Information

· Contractor performance threatens the health or safety of a State employee or State customer.

5.0 PRICING STRUCTURE And PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

Bidder shall use Appendix A: Price Sheet to submit bid pricing. Both a printed hard copy and an electronic (CD-ROM or other data storage device) Microsoft Excel copy shall be submitted with Bid. Do not submit Price Sheet as a PDF.

ALTERNATE PRICING FORMATS WILL NOT BE ACCEPTED, AND MAY RESULT IN DISQUALIFICATION OF THE BID.

Pricing must include all costs, including but not limited to insurance, packaging, and shipping costs. No additional fees are allowed.

The Bidder must submit a net unit price and, if applicable, an extended net total for each item specified. Prices must be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

5.2

PRICE SHEET INSTRUCTIONS

Products listed in Tier 1 of this RFB represent the specific brands and items that State agencies and UW campuses have purchased. For this RFB, where the State has specified a specific brand name item, bidder shall quote that exact item or a commercially available equivalent of an alternative brand. The State reserves the right to make any and all determinations as to the suitability of a substituted brand. (See below, section 5.2.1for instructions on submitting equivalent items.)

5.2.1

APPROVAL OF EQUIVALENT ITEMS

Bidders that wish to submit pricing on an ‘Equivalent’ item SHALL submit the item specifications sheet AND the information listed below no later than the Question deadline of December 2, 2016:

Exact Match Item

Equivalent Item

Properly submitted ‘Equivalent’ Item information shall be reviewed and evaluated by the State. The State will be the sole determinant of whether an item submitted by a Bidder during the Question and Answer period is approved as an acceptable equivalent. Items that are approved as acceptable equivalents will be listed in the Response to Questions, which will be issued as an Amendment to the RFB.

Only ‘Exact Match’ or approved ‘Equivalent’ items may be submitted for consideration. All other items shall be rejected and may result in the rejection of your bid.

5.3

FOB DESTINATION, FREIGHT PREPAID AND ALLOWED/INSTALLED

Delivery will be made by common carrier or Contractor’s vehicle, with unloading to be performed by the carrier or Contractor and carton(s) transported to the interior or ground floor, or inside dock at address specified by Authorized User. Bid prices are to include all costs, including but not limited to all insurance, packing, transportation/freight, shipping and installation/operation manuals costs. No additional fees are allowed.

Failure to bid FOB DESTINATION, FREIGHT PREPAID AND ALLOWED in the Bid price or discount will disqualify the Bid.

5.4

REQUESTING PRICE ADJUSTMENTS

5.4.1 PRICE INCREASES

Prices shall remain fixed for the first twelve (12) months of the contract. Contractor is allowed the opportunity to request one (1) price increase annually after the initial twelve (12) month period. For highly volatile commodity markets (i.e. copper wire) the Contract Manager may consider shorter fixed pricing terms (no shorter than a one (1) month period); however, market volatility must be demonstrated by Bidder submitting market trends and historical data to support volatility claims.

For all increase requests Contractor shall:

· Submit in writing to the Contract Manager thirty (30) days prior to vendor-requested date of proposed increase; a signed notification letter on company letterhead, detailing the effective date of the increase, the amount of the increase, details on the specific product line(s) impacted, written justification for the increase and any additional information necessary to understand and fully implement the price change.

· Limit any price increase to direct cost increases to the Contractor which are demonstrated to be industry-wide. Full documentation, in the form of manufacturer’s official notice of such increases shall be submitted with the request for price increase submittal along with manufacturer’s published price lists.

In rare circumstances in which a manufacturer’s official notice can’t be obtained by Contractor, the Contract Manager may consider substitute documentation that enables the State to understand your request and make an informed decision regarding the increase. Such documentation must include verifiable data, for example but is not limted to, copper prices, plastic prices, new labor agreements and any other information, such as PPI or other industry price index, which is directly related to the product(s). The state reserves the right to reject and or negotiate price increase requests if information provided does not adequately support the increase.

· Title and date of the price list which will be used on the effective date of the price increase. A copy of the price list must be provided via e-mail or on a CD or USB flash drive.

The proposed increase shall be submitted in writing to the contract manager in the same format as Appendix A: Price Sheet. For the affected manufacturer pricing, Contractor shall add a column to the spreadsheet labeled “new price”.

Upon approval of any price increase or decrease, pricing shall be updated between all ordering methods.