AG-2019-01 SCOB bid document - dog tags.pdf

WI DATCP BID #AG-2019-01

DOG TAGS / MULTIPLE (KENNEL) TAGS PAGE 1 OF 16

Wis. Statutes s.16.75

DOA-3262 (R08/2004)

BIDS MUST BE SEALED AND ADDRESSED TO:

DATCP – FINANCE

SECTION

ATTN: Mary Hensler 2811 Agriculture Drive PO Box 8911 Madison, WI 53708-8911

REQUEST FOR BID

Price quoted must be firm for sixty (60) days. Substitutions may be quoted but must be identified. It will be the responsibility of the vendor to show product equivalency. The agency shall be the sole judge of equivalency.

The State of Wisconsin and its agencies are exempt from payment of all federal and Wisconsin state and local taxes on its purchases except Wisconsin excise or occupation taxes on beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on these purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

The State of Wisconsin reserves the right to accept or reject any or all quotations, to waive any technicality in any quotation submitted, and to accept any part of a quotation as deemed to be in the best interests of the State of

Wisconsin.

Failure to respond may result in being removed from the bidder list.

BIDDER’s Name and Address BID # AG-2019-01 “DOG TAGS & MULTIPLE DOG (Kennel) TAGS”

Due Date: June 18, 2018 TIME: 2:00 PM

Buyer Name: MARY HENSLER

Email: marya.hensler@wi.gov

Phone: 608-224-4752 Fax: 608-224-4737

Date Issued: June 7, 2018

BID RESPONSE INSTRUCTIONS:

1. Read the entire bid including all terms, conditions and special specifications. The standard terms and conditions apply to any subsequent award.

2. Bid number and bid opening date must be on outside front lower left corner of the sealed bid envelope/package (bid or no-bid).

Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection.

3. Bids must be in ink or typed (pencil is unacceptable), signed and dated.

4. Bid responses (bid or no-bid) must be submitted on this form. Make copies for your records.

5. For a “No-Bid” response, return only the signature page, signed and marked “No-Bid”.

6. Each Numbered, sealed bid response (bid or no-bid) must be in a separately identified sealed bid envelope/package and must be received in the Purchasing Office prior to specified time. Late bids are subject to rejection.

7. Bids submitted by “express/overnight” services must be in separate inner envelopes, sealed and identified as stated above.

8. Use one of the options below to return your bid response:

U.S. Mail: UPS, Fed Ex, etc.:

DATCP – FINANCE DATCP - FINANCE

2811 Agriculture Drive 2811 Agriculture Drive PO Box 8911 Madison, WI 53708 Madison, WI 53708-8911

9. Delivery can be made: _____________ days or ________ weeks after receipt of order.

10. Payment terms:___________________

11. Prices shall be firm for acceptance _______ days from date of bid opening, or as stated in the special conditions of bid.

12. Vendor’s quotation reference number, if any _________________ This number will appear on the purchase order.

Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

Yes No Unknown

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

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

Name of Authorized Company Representative (Type or Print)

Title

Phone ( )

Fax ( )

Authorized Signature

Date

Federal Employer Identification No.

Social Security No. if Sole

Proprietor (Voluntary) mailto:marya.hensler@wi.gov

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SPECIAL CONDITIONS OF BID - CONTRACT

TABLE OF CONTENTS

1. GENERAL INFORMATION AND SCOPE

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP), through its Purchasing Office (Purchasing), requests bids which intends to contract for the furnishing of dog tags and multiple dog (kennel) tags to include timely delivery to the individual counties of the State of Wisconsin. All tags shall conform to these specifications and special conditions of bid. DATCP intends to use the results of this process to award a contract.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these Special Conditions of Bid. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement.

All specifications are defined as mandatory minimum requirements unless otherwise stated.

If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet specification requirements shall disqualify your bid.

Retain a copy of these Special Conditions of Bid for your files. Should you receive an award, these

Special Conditions of Bid become your contract terms and conditions.

Definitions: The following definitions are used throughout the RFB documents:

DATCP – means Department of Agriculture, Trade and Consumer Protection Bidder/Vendor - a company or individual submitting a bid response to this RFB Contractor - bidder awarded the contract Department – DATCP Pcard – means Purchasing Card Purchasing means Department of Agriculture, Trade and Consumer Protection RFB - means Request for Bid State - the State of Wisconsin Supplier – awarded bidder VendorNet – means the State of Wisconsin’s electronic purchasing information system

2. CONTRACT TERM

The contract shall be between DATCP and the successful bidder, known as “Supplier”, per State Statue 16.76(1).

The initial contract period shall be from July 1, 2018, through June 30, 2019, with add-on orders for 2019 tags through December 31, 2019.

The contract is subject to four (4) one-year renewal options as follows:

July 1, 2019 through June 30, 2020 July 1, 2020 through June 30, 2021 July 1, 2021 through June 30, 2022 July 1, 2022 through June 30, 2023

If the renewals are exercised, the following schedule must be followed with the same six-month overlap as follows:

2020 tags must be available from July 1, 2020 until December 31, 2020 2021 tags must be available from July 1, 2021 until December 31, 2021 2022 tags must be available from July 1, 2022 until December 31, 2022 2023 tags must be available from July 1, 2023 until December 31, 2023

The renewal options are not automatic and will be reviewed annually before a decision to renew is made. Any renewal must be by mutual written agreement of DATCP and the Supplier. Rates and conditions must remain unchanged during each renewal period unless an adjustment is requested and then approved in writing by the DATCP. Extensions to this contract shall be based primarily on delivery history.

EVALUATION PERIOD

The contract will be subject to an initial ninety (90) day evaluation period. If at the end of that time, the quality and/or responsiveness of the supplier are unacceptable according to the terms of this bid, the contract will be cancelled and awarded to the next lowest responsible bidder or rebid.

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3. QUESTIONS

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the buyer named below of such error and request modification or clarification of the bid document.

Any communications or questions regarding the specifications, or special conditions of bid shall be written and submitted to the buyer name shown on the bid cover sheet and below as soon as possible, but no later than June 13, 2018 at 2:00 PM CST. Any correspondence or submitted documents must include the bid number.

Any correspondence or submitted documents must include the bid number. Submit your question/s, in writing only via email to: Mary Hensler, email: marya.hensler@wi.gov

In the event that it becomes necessary to provide additional clarifying data or to revise any part of the RFB, supplements or revisions a response will be emailed to bidders.

All contact or communication with any employee or officer of the State of Wisconsin concerning this RFB, except Mary Hensler, is strictly prohibited during the period from the date this RFB. Mary Hensler may authorize in writing contact or communication with another state employee or officer as circumstances may dictate.

4. COOPERATIVE PURCHASING SERVICES

Commodities and services will be available to Municipalities upon an agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchase Service (DOA-3333 – Attachment D), 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 DATCP Purchasing and the Contractor.

5. FIRM PRICES

Bidder must submit a unit price, total price, along with brand name and model number. Prices must remain firm for 365 calendar days after bid opening. Prices established may be lowered due to general market conditions.

6. F.O.B. DESTINATION FREIGHT INCLUDED

Delivery will be made within sixty (60) days of placement of an order. Reorders, because of their emergency nature, shall be delivered within three (3) weeks of order placement. Bid prices should include all costs per dog tag or multiple dog (kennel) tag, packing and freight to each county’s designated recipient. Failure to bid FOB Destination Freight Included shall disqualify your bid. Please indicate on the Bid Cover Page your estimated delivery time in calendar days.

7. METHOD OF BID

Bidder must submit a unit price, extended total for each item, and grand total. All prices must be quoted in U.S. Dollars. In the event of errors in calculation, unit price shall prevail. Bidder must bid on Appendix B, Cost Sheet.

DATCP is not liable for any costs incurred by the Bidder in responding to this RFB.

8. BID RESPONSE REQUIREMENT

In order for your bid to be considered, the following information must be provided. Fill out and submit by the due date and time listed on the bid cover page. Include:

8.1 Bid Cover (Signature) Pages

8.2 Addendum Cover (Signature) Page(s), if applicable to this bid request

8.3 Vendor Information Sheet, Attachment A

8.4 References Sheet, Attachment B

8.5 Bidders Response Sheet, Attachment C

8.6 WI Cooperative Agreement – Attachment D

8.7 Cost Sheet, Appendix B

8.8 Designation of Confidential and Proprietary Information – Attachment E

8.9 DOA-6457 STAR Vendor Information sheet

8.10 W9 form

8.11 Samples / submit one sample of each type/design

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Failure to provide this information with your bid submittal may disqualify your bid.

9. BID SUBMISSION

Bidders must submit an original and all required material for acceptance of their bid by the date and time listed on the bid cover sheet. Any bids received after that time and date maybe rejected. Receipt of a bid by the State mail system does not constitute receipt of a bid by Purchasing, for purposes of this RFB. Also refer to the bid cover page (page 1), under bid response instructions.

All bids are to be packaged, sealed, and show the following information on the outside of the package:

Vendor's Name and Address

Request for Bid Title

Request for Bid Number

Bid Due Date

10. METHOD OF AWARD

Award shall be made on the basis of the lowest responsive, responsible bidder based on the total cost of yearly estimated orders. DATCP makes no guarantees about the total quantity of orders that will be placed. DATCP provides the following strictly for informational purposes only, 2009 is the last known quantities.

ITEM

Dog Tag Order

Multi Dog Tag Order

“S” Links Requested

TOTAL: 495,650 63,750 265,250

11. BIDDER QUALIFICATIONS

Before the award of the contract, DATCP shall be satisfied that the bidder involved has the appropriate technical and professional experience and has satisfactorily completed other projects of this nature.

To be eligible for a contract award, you must be qualified and able to provide the following. Respond on attached “Vendor Information Sheet” and “References Sheet”.

11.1 Bidder must supply references of three (3) firms to which similar products have been provided to a comparable-sized institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided.

Attachment B, Reference Sheet is attached.

11.2 Bidder must be in the business of manufacturing or distributing Dog Tags for the past three (3) years.

Comply Does Not Comply

________ # of years in producing license dog tags.

11.3 Bidder must supply one (1) sample of dog tags and multiple dog tag samples.

Comply Does Not Comply

12. REQUIRED SAMPLES

All bidders must supply a minimum of one (1) non-returnable sample of one dog tag and one multi-dog (kennel) tag as described in this RFB. Samples must be clearly identified as to specific anodized aluminum thickness. All samples supplied by the bidder must have been produced in the bidder’s facilities, on their own equipment, during the twelve (12) months prior to submission of the bid. These samples will be used to verify compliance of each bidder. Bids submitted without samples may be rejected.

13. ORDERS

DATCP will not be issuing any purchase orders off of this contract. Orders placed off of this contract will be placed by each county municipality.

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14. SHIPMENTS

Appendix A indicates the Wisconsin Counties and the estimated quantities that were placed in 2009.

15. SPECIAL TERMS AND CONDITIONS OF BID

DATCP reserves the right to negotiate these terms and conditions when it is in the best interest of DATCP 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. DATCP 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 DATCP.

16. LIQUIDATED DAMAGES

In the event that the bidder fails to deliver services in accordance with the terms and conditions of the contract, DATCP shall take the option to either terminate the contract or temporarily procure the service from another contractor. If the service is procured from another contract, the Bidder shall pay DATCP any difference between the bid price and the price paid to the other contractor.

17. MINORITY BUSINESS PARTICIPATION

DATCP is committed to the promotion of minority businesses in the State’s purchasing program. Authority for this program is found in Wisconsin Statutes 15.107(2), 16.75(3m), and 16.755.

Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to state-certified Minority Business Enterprises (MBE) and/or by using such enterprises to provide goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises. An MBE means a business certified, or certifiable, by the Wisconsin Department of Commerce under Statute 560.036(2).

Bidders must submit the attached DATCP MBE Program Awareness, Compliance & Action Plan (Attachment C) indicating their proposed utilization of state-certified minority businesses for this contract. A listing of State of Wisconsin certified minority businesses, as well as the services and commodities they provide, is on the State-certified MBE web site: https://wisdp.wi.gov/search.aspx

18. DISABLED VETERAN-OWNED BUSINESS (DVB)

Wisconsin statutes supports purchasing goods/service from Disabled Veteran Owned businesses located in Wisconsin. Bidders are strongly urged to use due diligence to further this policy by setting up subcontracts to state-certified Disabled Veteran-Owned Businesses (DVB) and/or by using such enterprises to provide goods and services incidental to this contract (second-tier suppliers), with a goal of awarding 5% of the contract cost to such enterprises. A DVB means a business certified, or certifiable, by the Wisconsin Department of Administration under Statute 16.283 (3).

"Disabled veteran" means a person who is verified by the Department of Veterans Affairs as being all of the following at the time the person applies for certification:

A veteran as defined in s. 45.01(12), A resident of this state, and A person who is in receipt of an award from the U.S. Department of Veterans Affairs of a service–connected disability rating under 38 USC 1114 or 1134 of at least 30%.

Quarterly reports are requested to be submitted to DATCP, Purchasing Agent, itemizing the deliveries and cost of items or services provided by certified DBV firms. Reporting should state the costs for the previous contract quarter.

Any use of DVB firms can be reported via email to marya.hensler@wi.gov. The department reserves the right to verify with listed firms their involvement as subcontractors or second-tier suppliers.

https://wisdp.wi.gov/search.aspx

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19. CONTRACT CANCELLATION

This Contract may be terminated by either party under the following conditions:

19.1 Please review section of “cancellation” of the Standard Terms and Conditions. DATCP may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the contractor.

If the problem is service performance, contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor will be given a period of time to ‘cure’ the performance. If the performance does not improve contractor will be given 30 days written notice that the contract will be cancelled.

Upon termination, DATCP’s liability will be limited to the pro rata cost of the services performed as of the date of termination.

19.2 In the event the contractor terminates the contract, for any reason whatsoever, it will require written certified letter notification delivered to the Department purchasing agent not less than 60 days prior to said termination.

19.3 If at any time the contractor performance threatens the health and/or safety of DATCP, DATCP has the right to cancel and terminate the Contract without notice.

19.4 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, DATCP has the right, in addition to any other rights of whatsoever nature that it may have at law or inequity, to terminate this Contract by giving 90 calendar days’ notice in writing of such termination.

20. CERTIFICATION FOR COLLECTION OF SALES AND USE TAX

The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s.77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

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ATTACHMENT A

VENDOR INFORMATION

1. BIDDING COMPANY NAME: __________________________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship) Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ( ) __________________________

Address: __________________________________________________________________________

City _____________________________ State ________ Zip + 4 _______________________

2. Name the person to contact for questions concerning this bid.

Name ___________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ( ) __________________________

3. Any vendor awarded over $25,000 on this contract must submit affirmative action information to the department.

Please name the Personnel/Human Resource and Development or other person responsible for affirmative action in the company to contact about this plan.

Name ___________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ( ) __________________________

4. Mailing address to which state purchase orders are mailed and person the department may contact concerning orders and billings.

Name ___________________________ Title ______________________________

Phone ( ) ______________________ Toll Free Phone ( ) __________________________

Fax ( ) ______________________ Email Address ( ) __________________________

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ATTACHMENT B

REFERENCES

Vendor: ________________________________________________________________

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document. Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate id page.

Company Name: _________________________________________________________________________

Address (include Zip + 4) ____________________________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

Email Address: __________________________________________________________________________

Product(s) Used and/or Service(s) Provided: ____________________________________________________

Contact Person: ____________________________________ Phone No. __________________________

Contact Person: ____________________________________ Phone No. __________________________

Contact Person: ____________________________________ Phone No. __________________________

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ATTACHMENT C

BIDDER RESPONSE SHEET

NOTE: SECTION NUMBERS IDENTIFIED CORRESPOND TO THOSE SHOWN IN THE

SPECIAL CONDITIONS OF BID.

Section DESCRIPTION YES NO

5 Bidder will hold pricing firm the required initial term. _____ ____

6 You are bidding all prices “FOB Destination, Freight Included” _____ ____

8 Bidder has completed and returned all forms as required. _____ ____

11 Bidder agrees to bidder qualifications. _____ ____

19 Bidder agrees to terms regarding contract cancellation. _____ ____

Company Name (print or type) Bidder's name & title (print or type)

Bidder’s Signature Date

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State of Wisconsin Department of Administration

DOA-3333 (R05/2015)

Division of State Agency Services State Bureau of Procurement

Vendor Agreement Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts.

Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A "municipality" is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis.Stats.

Interested municipalities:

will contact the contractor directly to place orders referencing the state agency contract number; and are responsible for receipt, acceptance, inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not a party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

The State of Wisconsin will determine the contractor’s participation by checking a box below.

MANDATORY: Bidders/Proposers must agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. Vendors should note any special conditions below.

OPTIONAL: Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in this service has no effect on awarding this contract.

A vendor in the service may specify minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal changes for municipalities.

Vendor: please check one of the following boxes in response.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

Special Conditions (if applicable):

Signature Date (mm/dd/ccyy)

Name (Type or Print)

Title

Company

Telephone

Address (Street)

City

State

ZIP + 4

Commodity/Service

Request for Bid/Proposal Number

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

ATTACHMENT D

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DOA-3027 (R07/2014)

S. 19.36(5), WIS. STATS

ATTACHMENT E

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to this bid includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open

Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released.

Section Page #1 Topic

In the event the designation of confidentiality if this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out the state’s agreeing to withhold the materials.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal release of any materials unless they are specifically identified above.

Company Name

Authorized Representative

Signature

Authorized Representative

Type or Print

Date

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ATTACHMENT F –

SPECIFICATIONS

DOG TAGS and MULTI (kennel) TAGS

MATERIALS: All tags shall be manufactured from anodized aluminum, no less than .050” thickness. The color of the tag/s shall be different each year as follows:

License Year Tag Color

2018 RED

2019 GREEN

2020 BLUE

2021 RED

2022 GREEN

2023 GOLD

IMPRINTING: Dog tags shall bear the imprint (which is stamped into each tag) of the license year, the county name, “WISCONSIN DOG LICENSE”, and be consecutively numbered for each county.

Multiple dog (kennel) tags shall bear the imprint (which is stamped into each tag) of the license year, the statement “WISCONSIN MULTIPLE DOG LICENSE”, and be consecutively numbered for the entire State.

STYLE: See example dog tags (not actual size, sample only).

SIZE: Dog tags shall be of the approximate style and size described below:

Dog tag: (photo above on the left) must be in a bucket/jug shape, approximately 1 inch (at the widest point) wide by 1 3/8” long, and include 1/8” minimum size hole.

Multiple dog (kennel) tags: (photo above on the right) must be in a diamond shape, approximately 1” wide by 1” long, and include 1/8” minimum size hole.

“S” Hooks: Packaged in bulk, 100 “S” hooks per bulk package. The “S” hooks will be included with all shipments, as needed and requested by each county.

TAG PACKAGING: Tags must be strung in lots of 100, with consecutive numbers, with binding wire of sufficient strength to avoid breaking during shipment.

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Chs. 16, 19, 51

DOA-3054 (R1/2018)

Standard Terms And Conditions (Request For Bids / Proposals)

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency.

The State of Wisconsin shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

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

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

5.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

6.0 PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

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

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

6.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

7.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

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

Bids/proposals MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid/proposal is due. Bids/proposals date and time stamped in another office will be rejected. Receipt of a bid/proposal by the mail system does not constitute receipt of a bid/proposal by the purchasing office.

9.0 METHOD OF AWARD: Award shall be made to the lowest responsible, responsive bidder unless otherwise specified.

10.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized.

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

Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing.

A good faith dispute creates an exception to prompt payment.

12.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The State of Wisconsin may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

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

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

15.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The State of Wisconsin also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

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

17.0 ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without the prior written consent of the State of Wisconsin.

18.0 WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

19.0 NONDISCRIMINATION / AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren-ticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

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

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

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

19.4 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.

20.0 PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin the articles described herein guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall be brought against the State of Wisconsin (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits recoverable in any such suit.

21.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

22.0 WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor.

23.0 INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:

23.1 Maintain worker's compensation insurance as required by Wisconsin Statutes, for all employees engaged in the work.

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23.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract. Minimum coverage shall be one million dollars ($1,000,000) liability for bodily injury and property damage including products liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million dollars ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

23.3 The state reserves the right to require higher or lower limits where warranted.

24.0 CANCELLATION: The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

25.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of

Wisconsin.

26.0 PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract. Pursuant to §19.36 (3), Wis.

Stats., all records of the contractor that are produced or collected under this contract are subject to disclosure pursuant to a public records request. Upon receipt of notice from the State of Wisconsin of a public records request for records produced or collected under this contract, the contractor shall provide the requested records to the contracting agency. The contractor, following final payment, shall retain all records produced or collected under this contract for six (6) years.

27.0 PROPRIETARY INFORMATION: Any restrictions on the use of data contained within a request, must be clearly stated in the bid/proposal itself. Proprietary information submitted in response to a request will be handled in accordance with applicable State of Wisconsin procurement regulations and the Wisconsin public records law. Proprietary restrictions normally are not accepted. However, when accepted, it is the vendor's responsibility to defend the determination in the event of an appeal or litigation.

27.1 Data contained in a bid/proposal, all documentation provided therein, and innovations developed as a result of the contracted commodities or services cannot be copyrighted or patented. All data, documentation, and innovations become the property of the State of Wisconsin.

27.2 Any material submitted by the vendor in response to this request that the vendor considers confidential and proprietary information and which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or material which can be kept confidential under the Wisconsin public records law, must be identified on a Designation of Confidential and Proprietary Information form (DOA-3027).

Bidders/proposers may request the form if it is not part of the Request for Bid/Request for Proposal package. Bid/proposal prices cannot be held confidential.

28.0 DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.), a member of a state public official's immediate family, or any organization in which a state public official or a member of the official's immediate family owns or controls a ten percent (10%) interest, is a party to this agreement, and if this agreement involves payment of more than three thousand dollars ($3,000) within a twelve (12) month period, this contract is voidable by the state unless appropriate disclosure is made according to s. 19.45(6), Wis. Stats., before signing the contract. Disclosure must be made to the State of Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601, Madison, Wisconsin 53703 (Telephone 608-266-8123).

State classified and former employees and certain University of Wisconsin faculty/staff are subject to separate disclosure requirements,

s. 16.417, Wis. Stats.

29.0 RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.

30.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under

29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

31.0 PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the State of Wisconsin. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

32.0 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

33.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this

Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporat ion, P. O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

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34.0 WORK CENTER PROGRAM: The successful bidder/proposer shall agree to implement processes that allow the State agencies, including the University of Wisconsin System, to satisfy the State's obligation to purchase goods and services produced by work centers certified under the State Use Law, s.16.752, Wis. Stat. This shall result in requiring the successful bidder/proposer to include products provided by work centers in its catalog for State agencies and campuses or to block the sale of comparable items to State agencies and campuses.

35.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.