AMEND1UWM BID KK21-02-O ASL.docx

State of Wisconsin – UW-Milwaukee Wis. Statutes s.16.75

Email: uwmbids@uwm.edu

See section 3.1 for rules regarding communications during a Bid.

Questions Due: 2:00PM Feb. 08,2021 Mke Local Time

Bid Due: 10:00 AM March 4th, Mke Local Time

Bid Opening: 11:00 AM March 4, Mke Local Time +1 414-253-8850 Conferernce ID: 992 803 277#

Bid opening attendance is not required. (Only bidder names will be read.)

|_| AMENDED: Do not attach proof of licensing, it will be required of contractors before an assignment is accepted, see 2.2 |_| If applicable: Any exceptions to terms and conditions per section 4.1.

|_| If applicable: Request for confidentiality (page 14)

The undersigned has legal authority to bind the Bidder to this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

The undersigned claims minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Administration. If you have questions concerning the certification process, contact the Wisconsin Department of Administration, 101 E. Wilson Street, 6th Floor, Madison, WI 53707 (608) 267-7806.

|_|Yes |_|No

|_| We claim disabled veteran owned business bidder preference [Wis. Stats.16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, WI 53703, (608) 267-9550. Does Not Apply to Printing Bids.

The undersigned bidder is a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

|_|Yes |_|No

By signing this, the undersigned also certifies that neither bidder nor any person or entity associated with the bidder has, 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 statements are accurate under penalty of perjury; that false, misleading or missing information may disqualify the bid; and that neither the bidder nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency (see www.sam.gov and https://acquisition.gov/far/current/html/Subpart%209_4.html).

|_|Yes |_|No

|_| We certify that we are not currently engaged in a boycott of the State of Israel. Should we be awarded a contract, we understand that future engagement in a boycott of the State of Israel may result in contract termination.

The undersigned and the respondent will comply with all terms, conditions and specifications set forth in this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the quote/Bid being considered non-responsive and ineligible for award.

Bidder’s email:

City, State, Zip Code of Bidder

Signature of authorized Bidder representative Federal Employer Identification # (or social security if sole proprietor) (voluntary)

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

1.0 GENERAL INFORMATION

1.1 ISSUING AGENT: University of Wisconsin-Milwaukee issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin-Milwaukee is hereafter referred to as “UWM”.

1.2 DEFINITIONS:

1.1.1 ARC: Accessibility Resource Center

1.1.1 ASL: American Sign Language

1.1.2 Bid: a price quotation specifically given to a prospective purchaser by a prospective seller; a Bid is an offer to sell. For the purposes of this RFB, a Bid includes all requisite forms, response completed as instructed.

1.1.3 Bid Cover Sheet: The first page of this Bid.

1.1.4 Bidder: A firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.”

1.1.5 Contract: The document(s) constituting the agreement resulting from this Bid award.

1.1.6 HIPAA: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security and Breach Notification Rules

1.1.7 Holidays: New Year’s Eve, New Year’s Day, MLK Jr. Day, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas Eve, Christmas Day

1.1.8 Liquidated Damages: damages that are agreed upon by the State and Contractor, or stipulated to, the actual damages that will result from a breach of the contract. Liquidated damages prevent controversy between the State and Contractor on the amount of damages that have occurred from the breach.

1.1.9 Lot: For the purposes of this bid, awards will be made by lot, defined as type of service (Lot 1. Is for In-person ASL interpreting, Lot 2. is Speech to text services.

1.1.10 Normal Business Hours: For the purposes of this bid/contract, normal business hours are defined as 7:30am to 5:00pm Mon.-Fri. except for Holidays as defined above.

1.1.11 Providers: Sign language interpreters and real-time speech-to-text captionists

1.1.12 Purchase Order/Standing Purchase Order: A purchase order is a document describing and confirming an order for services. A blanket purchase order is a purchase order which UWM places with its supplier to allow multiple assignments over a defined period of time, and a mechanism to pay invoices against. It is normally used when there is a recurring need for services.

1.1.13 Qualified Interpreter: Someone who holds a State of Wisconsin sign language interpreter (renewable or restricted) and is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary.(See 2.5.6)

1.1.14 “RFB” or “Bid”: this Request for Bid.

1.1.15 SHALL AND MUST ARE MANDATORY: “Must” or “shall” are mandatory requirements.

1.1.16 State: State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM.

1.1.17 UWM: University of Wisconsin, Milwaukee

UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request. If a Bidder believes it needs accommodations, contact Purchasing Agent listed on the Bid Cover Sheet.

1.2 VENDORNET: The State’s Vendor Notification System recently changed from VendorNet to eSupplier. UW agencies still use VendorNet to post information regarding solicitations, which is accessible to vendors without needing to register by going to https://vendornet.wi.gov/ and going to the “Bid” tab. However, VendorNet no longer provides vendors with automatic notifications. Vendors are also no longer able to register with VendorNet. If you prefer to receive automatic updates when new solicitations are posted, or when a change to an existing solicitation is posted, please register with eSupplier at https://eSupplier.wi.gov/. Here is a link to instructions that may aid you in registering with. https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf

1.3 GENERAL DESCRIPTION/PURPOSE 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 UWM to request ASL/sign interpreting services and/or real-time speech-to-text services (captioning), either/both in-person or remote, for students, faculty, staff and campus visitors.

In order to meet the needs of our consumers and comply with Title VI of the Civil Rights Act of 1964, 45CFR, Section 80.3, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) of 1990 as amended, it may be necessary to obtain American Sign Language (ASL) interpreting services or real-time speech-to-text services.

The University of Wisconsin-Milwaukee (UWM) routinely conducts business with clients who are deaf or hard of hearing or may have speech impairments. Sign language interpreting and real-time speech-to-text services are required whenever people must communicate with hearing individuals who are not fluent in American Sign Language or do not have access to spoken English. UWM has frequent needs for skilled interpreters or speech-to-text service providers for classroom lectures, discussions and labs, meetings between staff, students and other educational service providers, in addition to ensuring programming and other events are accessible to students, faculty/staff and campus visitors.

Services are provided by the contractor in-person, on-site at locations specified by UWM. Services may also be provided remotely, if needed and agreed upon before the assignment is confirmed. Work sites may be located at all UWM campuses (Kenwood, Continuing Education Building, Great Lakes Research Facility, Kenilworth Square, Zilber School of Public Health, Waukesha and Washington County). Services may also be needed at all residential halls (Sandburg, RiverView, Purin, Kenilworth Square Apartments, and Cambridge Commons). Additional worksites may also be off-campus located at various internship, field work, service learning or other related sites in Milwaukee or surrounding areas.

The duration of these assignments may vary depending on the need of the UWM, from 15-30 min to semester-long assignments. In some cases, there is minimal advance notice of assignments and contractors may be asked to have interpreters or speech-to-text providers on-site within 120 minutes/2 hours.

Bids that require a minimum number of service hours (over the 1/2hr minimum stated in 2.15) be ordered will be rejected.

1.4 CONTRACT TERM AND RENEWAL: The contract will be for a two-year period from July 1, 2021 through June 30th, 2023 with the option to renew three additional one-year terms. Renewals will be automatic contingent upon the contractor maintaining license, insurance, and certification. Either party is permitted to terminate the contract after an automatic renewal by giving written notice 30 days ahead of non-renewal.

UWM reserves the right to extend the contract beyond the term of the contract if it is in UWM’s best interest.

Contractors may be added or removed after Contract award following the procedures below and will be subject to review and approval of the UWM Contract Manager.

If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The RFB documents, the awarded Bidder's response as accepted by the State and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

2.0 SPECIFICATIONS AND MANDATORY PERFORMANCE REQUIREMENTS:

2.1 INSURANCE: Contractor(s) must maintain current Certificate of Insurance with worker’s compensation insurance as required by Wisconsin Statues, for all employees engaged in the work and General Liability Insurance – minimum coverage shall be one million, by an insurance company that has an AM Best Rating of A- or better, is licensed to do business in the State of Wisconsin, and signed by an authorized agent. Must list the Board of Regents of the University of Wisconsin System, its officers, employees, and agents” as additional insured.

2.2 LICENSING REQUIREMENT:

UWM reserves the right to request references, resumes, proof of certifications, or other information upon request anytime.

Contractor(s) must maintain current license and certification. Pursuant to WI State Statute 440.032, all ASL interpreters performing interpretation under this contract, whether located in Wisconsin or not, must be licensed by the WI Department of Safety and Professional Services. Contractor must at all times during the terms of this Contract keep in force and effect a current license to work in a post-secondary education agency and maintain certification as an ASL Interpreter. Contractors must be able to provide a copy of their current license. The University has the right to cancel and terminate the contract without notice if licenses expire or are revoked.

2.2 a. Before an assignment is accepted, Real-time Speech-to-Text Providers must provide evidence of the following:

· CART – NVRA or NCRA certification, as appropriate

· C-Print – Certification of completion of training program

· Typewell – Certification of completion of training program

2.3 Qualification and Requirement - Services Performed in the United States Pursuant to Wisconsin State Statute 16.705, all services provided under this contract must be performed in the United States. Regarding in-person interpretation, all interpreters must be physically located in the United States. Any bidder that cannot guarantee they meet this requirement will be disqualified.

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

2.5 PERFORMANCE REQUIREMENTS: Conditions of this bid that include the word "must" and "shall" describe a mandatory requirement. Failure to meet a mandatory requirement shall disqualify a bid. The State reserves the right to delete any specification or condition in the RFB if no Bidder is able to comply with the given specification or condition of the RFB.

The requirements in this section are mandatory and the Bidder must satisfy them. If the Bidder cannot meet ALL the mandatory requirements, the Bid will be removed from further consideration. In the event there is an individual mandatory requirement that no Bidder is able to meet, the State reserves the right to eliminate that individual mandatory requirement; in such case, the State shall continue the evaluation of Bids. All mandatory requirements are minimums unless otherwise stated. Failure to meet these mandatory requirements may result in disqualification of the bid. A contractor’s service will be chosen based on individual situational need. The Contractor who is qualified to interpret (see 1.1.11) or caption in the identified situation, is on contract with UWM and is judged to be in the best interest of the State will be selected.

Unacceptable performance as described below may be grounds for barring an individual interpreter from providing services under the contract.

2.5.1 CONFIDENTIALITY: In the course of performing services, interpreters/translators might encounter information that could be considered confidential. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information. Any single offense of breach of confidentiality may result in the interpreter or provider being removed from the assignment and barred from future work.

Contractor or its employees may have direct or indirect contact with students, faculty, staff, or other parties. All services provided to clients are confidential in nature. Contractor shall make all reasonable efforts to ensure that it or its employees and subcontractors do not disseminate such confidential information, including but not limited to identity of clients or services being received. UWM may additionally require interpreters to sign Health Insurance Portability and Accountability Act (HIPAA) privacy statements at the time of a service assignment.

Contractor agrees to observe complete confidentially with respect to all aspects of any confidential information, proprietary data and/or trade secrets and any parts thereof, whether such contents are the State's or the manufacturer's, proposer's, or distributor's whereby Contractor or any Contractor's personnel may gain access while engaged by the State or while on State premises.

The restrictions herein shall survive the termination of this contract for any reason and shall continue in full force and effect and shall be binding upon the Contractor or its agents, employees, successors, assigns, subcontractors, or any party claiming an interest in this contract on behalf of or under the rights of Contractor following any termination. Contractor shall advise all Contractor's agents, employees, successors, assigns and subcontractors which are engaged by the State of the restrictions, present and continuing, set forth herein. Contractor shall defend and incur all costs, if any, for actions that arise as a result of noncompliance by Contractor, its agents, employees, successors, assigns and subcontractors regarding the restrictions herein.

2.5.2 TARDINESS: An individual interpreter or speech-to-text provider that is late for two assignments within a 6 month period that results in the appointment having to be rescheduled or a substitute sent to the assignment may be removed from any ongoing assignments without financial penalty to UWM. The contractor may also be subject to liquidated damages for these appointments.

2.5.3 NO-SHOW: An individual interpreter or speech-to-text provider who does not show up for a scheduled shift, without cause or notice, for two assignments within a 6 month period will be barred from providing services under this contract.

2.5.4 SUBSTITUTE REQUEST: If the contractor accepts work but then asks for substitutes for more than 25% of the work accepted, UWM reserves the right to cancel any remaining work without financial penalty.

2.5.5 HEALTH AND SAFETY: If at any time the contractor’s performance threatens the health and/or safety of the university, it’s staff, students or others who may be on campus, the University has the right to cancel and terminate the contract without notice.

2.5.6 QUALIFICATIONS: UWM reserves the right to remove the interpreter or speech-to-text provider from the assignment without penalty if complaints about the interpreter or speech-to-text provider’s skill does not meet the consumer or university quality standards.

2.5.7 TIMELINESS: Interpreter or speech-to-text provider should plan to arrive at the site location 10 minutes prior to the start of their first assignment.

2.5.8 ETHICAL BUSINESS PRACTICES: Contractors shall not solicit additional business from consumers while on assignment for UWM. All requests or schedule availability must be communicated directly to the ARC. By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest.

2.6 VOLUME/FREQUENCY: There are no volume or frequency purchase guarantees. ASL services and real-time speech-to-text services will be purchased on an “as needed” basis to correspond with UWM’s needs.

2.7 TEAMING: The contractor and University must mutually agree on the conditions necessary for the provision of a team of providers versus an individual on a case-by-case basis. The contractor cannot send a team of providers without permission and the University will not unreasonably withhold permission when conditions warrant the use of a team instead of an individual provider. If UWM declines a Contractor’s recommendation to schedule two ASL interpreters, the Contractor may decline the job at the time of scheduling without consequences. Contractors may charge their hourly rate for each interpreter in assignments where teaming is scheduled

2.8 SPEECH-TO-TEXT REQUIREMENTS: If the contractor is providing real-time speech-to-text services remotely or on-site, it is preferred that the contractor provides their own equipment. If ARC equipment is used, the contractor will sign an agreement ensuring return of equipment in working order. The ARC only provides C-Print related equipment and licenses. All contractors must provide proof of completion of training when requested.

2.9 REFUSING ASSIGNMENT: Contractor may refuse to provide ASL interpretation services if an interpreter is not available for the schedule requested.. The Contractor must notify UWM within twenty-four (24) hours prior to the scheduled assignment if an interpreter is no longer available.

In cases of immediate or emergency request for services, the Contractor must notify UWM within one (1) hour of the initial request if the Contractor is unable to provide a competent interpreter.

2.10 CANCELLATION OF REQUEST: If the service request is cancelled while the interpreter is en route or when the interpreter arrives at the site, travel time incurred may be billed. In the event a previously scheduled session is cancelled by UWM with at least 24 hour’s notice, the Contractor may not charge a cancellation fee or mileage. If the cancellation notice is less than 24 hours, the contractor may charge a cancellation fee not to exceed half of the assignment worth of service at the rate appropriate for the scheduled shift.

2.11 TRAVEL TIME AND HOURLY RATE: Includes the providers reasonable travel time from a starting location, to the arrival on site (at the time of assignment) and then to an end location. The travel rate applies to actual time spent traveling to the work site and back. Travel time shall be billed at the same hourly rate as the assignment.

The hourly rate for services shall commence at the scheduled start time or time the interpreter is ready to provide services, whichever is later. The hourly rate for services ends at the scheduled end time or the time the buying agency dismisses the interpreter, whichever is later.

For remote assignments, the Contractor must begin set up 15 minutes before a course or meeting time begins. Contractor can bill for 15 minutes of set-up time. (Remote assignments shall not charge for travel time.)

Travel time in excess of 1.5 hours one-way or 2 hours round trip must be pre-authorized by the UWM at the time of scheduling the assignment. Failure of the contractor to obtain pre-authorization exempts UWM from having to pay excess travel time. Travel time cannot exceed the standard interpreting or speech-to-text services rate.

2.12 UWM PARKING: University parking is very limited. Each Contractor shall make their own arrangements for parking through UWM Transportation Services. No additional costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

2.13 ORDERS: Bidder MUST be able to accept all of the following purchasing methods:

• Direct Payment - the Contractor will bill directly for individual services as performed without issuance of a purchase order (Direct Payments can be used for services that do not exceed $5,000 per invoice.)

• Specific Purchase order placed for one-time services.

• Standing purchase orders issued for UWM’s fiscal year time (July 1 - June 30) to allow departmental personnel to call for product or service as needed.

A purchase order is required for any order in excess of $5000. All orders placed by UWM shall be bound by the terms, conditions, and pricing of awarded contract whether the department refers to the contract or

2.14 INVOICES AND BILLING: Interpreting service rates and travel rates to be billed in 15 minute increments.

INVOICES must be submitted within 30 days of assignment. Invoices must be sent to Accessibility Resource Center for approval before payment.

INVOICES TO BE SUBMITTED TO THIS LOCATION:

Email address for invoices: Amy Hogle: hogle@uwm.edu Nicole Stelzner: nicolems@uwm.edu

UWM must meet a statutory mandate to pay or reject invoices within 30 days of receipt. Before payment is made, UWM must verify that all invoice charges are correct and financial conditions are in compliance with the contract. Only properly submitted invoices will be officially received for payment. Prompt payment requires that invoices be clear, complete and in compliance with the conditions of the Request for Bid and subsequent purchase orders.

All invoices must be itemized, at a minimum with the following information:

• Purchase order number (if applicable)

• Vendor Name

• Remit to address

• Complete description of the service provided

• Interpreter /Company name

• UWM staff contact

• The dates, start and end times for the assignment

• The number of hours being billed

• The rate per hour

• Travel time (if applicable)

• Fee - less than 24 hour notification (if applicable)

• Fee - WI Court Certification (if applicable)

2.15 MINIMUM ASSIGNMENTS/HOURLY RATE: UWM guarantees a ½ hour minimum assignment for on-site interpreting or real time speech to text service requests.

The contractor must communicate with ARC if the schedule assignment runs over the agreed-upon time prior to submitting an invoice.

2.16 EVENING AND WEEKEND AND HOLIDAY RATES: UWM’s business hours are Monday - Friday from 7:30 am to 5 pm. Holiday hours are defined as New Years Eve, New Years Day, Martin Luther King Day, Easter Sunday, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day.

2.17 SPECIALTY SETTING RATES: In rare situations, ASL interpreters with specialized certification may be needed for an assignment. Specialty settings may include legal, mental and behavioral health. Any requests for specialized ASL interpreters will need to be pre-approved with UWM before the assignment begins. Contractors will be allowed to charge an additional fee for specialty settings.

2.18 BACKGROUND CHECK: The contractor warrants they are supplying employees who have passed a background check(s). The contractor warrants they are screening employees for a) Social Security Trace; b) County Level Criminal Search (in all counties as found by the Trace); c) Statewide Criminal, and ; d) National Sex Offender Search; e) Motor Vehicle Report, in a background check. Contractor agrees to defend, indemnify, and hold harmless the University, it’s officers, directors and employees for any claims, suits or proceedings alleging a breach of this warranty.

2.19 FIRM PRICES: Prices must remain firm for the initial contract term. Prices established may be lowered due to changes in general market conditions or negotiations between Contractor and UWM.

Price increase requests proposed after the initial Contract term must be received by Purchasing in writing 90 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. Acceptance of the price increases shall be in the form of an amendment to the contract. Documented and justified price increased will only be accepted and considered annually at the time of contract renewal. Contractor may only request one price increase per 12 month period.

2.20 ADDITIONAL SERVICES: Additional related services may be added to this Contract at the discretion of Purchasing. Prices shall be consistent with the Contract prices for like services currently included in the Contract.

2.21 LIQUIDATED DAMAGES: If a Contractor is more than fifteen (15) minutes late in providing a scheduled service, the Contractor will be charged liquidated damages equal to the Contractor's bid price per minute, in quarter hour increments, for the amount of time the interpreter was late.

If a Contractor accepts an assignment and fails to appear without notice or is considered a "No Show", Contractor will not be charging UWM for travel or assignment time (UWM will not be billed for anything) UWM, at it's option, may deduct liquidated damages from any money payable to the Contractor, may request a revised invoice in the amount less liquidated damages, or may bill the Contractor as a separate item.

3.0 BID PROCEDURES AND INSTRUCTIONS:

3.1 COMMUNICATION/QUESTIONS: From the date of release of this RFB until Bid award, the only permissible communication regarding this Bid is in writing to uwmbids@uwm.edu unless otherwise indicated by the Purchasing Office. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email must be labeled “KK21-02-O Question”.

It is incumbent upon bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above to submit questions. This includes alerting UWM to any non-standard specifications. By failing to do so, bidders waive the right to claim any provision of this Bid is ambiguous. Any clarifying addendum will be posted as set forth herein.

The deadline for any questions concerning this RFB is as set forth on the cover sheet of this Bid. Any questions received after that time may not result in an addendum answering the question.

3.2 METHOD OF BID: Bidders shall fully complete the bid, and attach all required documentation and return to uwmbids@uwm.edu with “Bid KK21-02-O” as the subject line. Bidders may bid on interpreting services, real time speech-to-text services, or both.

3.3 METHOD OF AWARD: Award/s will be made in the best interest of UWM, as determined by UWM, on the basis of the lowest price, responsive, responsible Bidder(s) per Lot, for short term assignments during normal business hours.

Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award. There is no guarantee of use.

3.4 MANDATORY BIDDER QUALIFICATIONS and/or requirements in this RFB document must be minimally met without exception; failure to meet such will disqualify your Bid. Before the award of any Contract, the Procuring Agency 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 Procuring Agency with these qualifications by submitting appropriate or supporting documentation.

Failure to meet a qualification will disqualify your 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.

3.5 BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent and program manager to verify that they meet all specified requirements in this RFB and that they comply with all instructions of this Bid.

UWM reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from Bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

3.6 Notices of intent to protest and protests must be made in writing to the head procuring agency. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

Any written notice of intent to protest the intent to award a contract must be filed with and received by Tom Scrivener no later than five (5) working days after the notices of intent to award are issued. Any written protest must be received within ten (10) working days after the notice of intent to award is issued.

Tom Scrivener Procurement Director scrivene@uwm.edu

The decision of the head of the procuring agency may be appealed to the Secretary of the Department of Administration within five (5) working days of issuance, with a copy of such appeal filed with the procuring agency. The appeal must allege a violation of a Wisconsin statute or a section of the Wisconsin Administrative Code.

4.0 TERMS AND CONDITIONS

4.1 ENTIRE CONTRACT: A contract will be awarded to the successful Bidders based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, the Bidder’s response, pricing structure, and any written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: (1) Final Signed Contract with clarifications included. (2) Bid Response as accepted by UWM, (3) This Bid document, including any amendments/attachments; (, (4) Official UWM purchase order (if applicable).

Bidders shall accept all terms and conditions or submit point-by-point exceptions along with proposed alternative language for each point. It is insufficient for the Bidder to submit a standard Bidder contract as a complete substitute or alternative for the language in this Bid. Likewise, it is insufficient for the Bidder to simply cite to Bidder’s document or incorporate a document by reference. Any contract term or condition not set forth in Bidder’s response will not be negotiated or considered.

UWM reserves the right to negotiate contractual terms and conditions when it is in the best interest of UWM to do so, or reject the Bidder’s response and proceed to the next qualified bidder. Acceptance of any contract terms or conditions proposed is at the sole discretion of UWM. UWM 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 UWM.

4.2 INVOICING PERFORMANCE. If a complaint is received by the contract manager from an Authorized User or the UWM Accounts Payable Department regarding a billing error, the Contractor will be notified in writing that the invoicing is not in compliance with the contract conditions. The second time a documented billing problem is received by the contract manager the contractor may be required to meet with the contract manager. The Contractors will be advised of the possible consequences, which may include cancellation of the contract, if there is any future billing problem. The third time a documented billing complaint is received by the contract manager, the contract may be cancelled. Failure of the contractor to promptly and properly invoice may be grounds for cancellation of the contract.

4.3 CONTRACT CANCELATION: UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or 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

4.4 TERMINATION FOR CAUSE: UWM 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 UWM one hundred and twenty (120) calendar days' notice of the UWM'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.

4.5 TERMINATION FOR CONVENIENCE: Either party may terminate this Contract at any time, without cause, by providing a written notice; UWM 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 UWM, the Contractor may be compensated for the actual Service hours provided. UWM 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.

4.6 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.

4.7 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.

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

4.9 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.

4.10 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 UWM.

4.11 PUBLIC RECORDS ACCESS: It is the intention of UWM 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.

4.12 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.

4.13 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 UWM 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.

4.14 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 UWM. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

4.15 HOLD HARMLESS: The contractor will indemnify and save harmless the State of Wisconsin, UWM and all of their respective 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.

4.16 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.

4.17 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits an individual who is a State of Wisconsin employee or who is retained as a contractor full-time by a State of Wisconsin agency from being retained as a contractor by the same or another State of Wisconsin agency where the individual receives more than $12,000 as compensation for the individual’s services during the same year. This prohibition does not apply to individuals who have full-time appointments for less than twelve (12) months during any period of time that is not included in the appointment. It does not include corporations or partnerships.

4.18 EMPLOYMENT: The contractor will not engage the services of any person or persons now employed by the State of Wisconsin, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

4.19 CONFLICT OF INTEREST: Private and non‑profit corporations are bound by ss. 180.0831, 180.1911(1), and 181.0831 Wis. Stats., regarding conflicts of interests by directors in the conduct of state contracts.

4.20 NONDISCRIMINATION: Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract, subcontract or grant because of military or veteran status, gender identity or expression, marital or familial status, genetic information or political affiliation.

This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

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.

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.

4.21 SMOKE & TOBACCO FREE CAMPUSES: UWM is committed to maintaining a safe campus environment and to ensuring that it acts to the extent possible to shield its students and employees from harm. To mitigate the established health risks associated with the use of tobacco products and exposure to second- hand smoke, UWM prohibits smoking, including electronic delivery devices, and the use of tobacco on all campus property.

4.22 REPORT OF CHILD ABUSE OR NEGLECT: If, in the course of providing services to UWM, contractor (or its agent or employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the contractor (or its agent or employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UWM’s Child Abuse and Neglect Policy. If the suspected child abuse or neglect involves UWM (see Section III.F. of UWM’s Child Abuse and Neglect Policy), the contractor shall also report that abuse to the UWM Office of Equity and Diversity Services.

4.23 WORK CENTER: 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.

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

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

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified MBEs.A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806.

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