Amended KK22-04-O UWM Athletic Lockers RFB.docx

AMENDMENT #1 To correct Due Date and Bid Opening Date

REQUEST FOR BID

BID NUMBER: KK22-04-O

AGENT: Kathy Kercheck

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

ISSUE DATE: 01/24/2022

Questions Due Date: 02/08/2022 3pm DUE DATE: 02/25/2022 - 2pm CST

Microsoft Teams Bid Opening: 02/25/22 2:30pm CST Call in (audio only) +1 414-253-8850 Phone Conference ID: 772552089#

Unless otherwise noted, public openings will be on the date and time specified. It is not necessary to attend. Award(s), if any, will be made as soon thereafter as possible. The bid abstract will be on file and is open to public inspection only after award determination has been made.

Mandatory Site Visit: February 3rd at 1pm CST RSVP by February 1st at 4pm CST uwmbids@uwm.edu info on site visit will be emalled to those who RSVP

SUPPLY AND INSTALLATION OF ATHLETIC LOCKERS

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

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

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

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

University of Wisconsin Milwaukee

Contents

SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO: Kathy Kercheck at uwmbids@uwm.edu The University accepts completed bids e-mailed to uwmbids@uwm.edu in the uwmbids email box prior to the stated 12:00 p.m. CST. The Time of Email Receipt of bid to uwmbids@uwm.edu will be considered the time stamp.

Bids received after the due date will be considered late and will not be accepted as a legitimate bid. Submitting a bid to any other e-mail address than uwmbids@uwm.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission does not constitute proof of receipt. Do not risk emailing your bid at last minute.

Email submissions may not be greater than 20 megabytes. Any email file greater than 20 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed bid responses were received by the Purchasing office prior to bid due date.

Electronic or digital signatures are acceptable.

Bids will be opened via the Teams link above at 12:30 pm.

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

GENERAL INFORMATION

Purpose The University of Wisconsin Milwaukee hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of the UWM Athletics Department hereinafter referred to as “Athletics," requests bids for the purchase and installation of 36 lockers (18 lockers for the men’s basketball program, and 18 lockers for the women’s basketball program) and the removal of the current lockers for the at the location of the UWM Pavilion – 3409 N. Downer Ave, Milwaukee WI 53201 – on UWM’s campus.

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

Scope UWM Athletics is seeking to purchase 36 lockers – 18 each for the men’s and women’s basketball lockerrooms in the UWM Pavilion on campus. Removal of current lockers and installation of new lockers is also a part of the purchase/scope. Seating options associated with lockers are also specified in section 6 and part of this bid.

See Section 6 for the minimum acceptable specifications for items/services desired.

The estimated item quantities identified on the Itemized Bid List – COST SHEET (Attachment C) are for bid purposes only. The University does not guarantee to purchase any specific quantity or dollar amount. This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate bids when deemed in the best interest of the University.

Definitions The following definitions are used throughout this document:

Agent means University Procurement Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bid means Request for Bid.

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

Contractor means successful Bidder awarded the bid.

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

Department means University Department of University Centers DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of Finance and Administrative Affairs responsible for the procurement of goods and services on UW Milwaukee campus, located at 2033 East Hartford Ave., Milwaukee WI 53211 State means State of Wisconsin.

University and UWM both mean University of Wisconsin – Milwaukee University Representative means the Facilities Architect, or another designated campus employee appointed by them.

WBE means Woman-Owned Business Enterprise.

E-Supplier Registration 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. Registration on the State of Wisconsin’s Wisconsin e-Supplier Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s e-Supplier Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to:

https://esupplier.wi.gov Registration allows a vendor to:

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

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

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

Orders

· NA

Campus Delivery Requirements 1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

Delivery of orders shall be made to the UWM Pavilion – 3409 N. Downer Ave, Milwaukee WI 53201, five days per week, Monday through Friday, 8:00am-3:00pm.

Parking University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UWM Transportation Services.

UW Milwaukee Transportation Services 2200 E Kenwood Blvd. Milwaukee, WI 53201-0413

(414) 229-1122 Website: http://www4.uwm.edu/parking/visitors/vendor_contractor.cfm No additional Contractor costs will be allowed for parking fees or violations. Unauthorized vehicles parking in University lots or loading docks without permits will be ticketed and/or towed.

Supplier Diversity 1.

2.

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

2.10.

2.11.

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

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

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

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

Woman-Owned Business Enterprise Program (WBE) Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx Disabled Veteran Owned Business Program (DVB) Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

A listing of certified DVBs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx

VETERAN-OWNED BUSINESS Program (VB) The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

BID PROCESS INSTRUCTIONS

Clarifications and/or Revisions through Designated Contact All communications and/or questions in regard to this request must be in writing and must reference the bid number. Bidders are required to e-mail written questions to the Agent at uwmbids@uwm.edu. Violation of this condition may be considered sufficient justification for bid rejection. The deadline for any question is set forth below in section Applicable Dates.

If a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this BID, they have five (5) business days after the scheduled Bidder Conference, to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the BID document.

Kathy Kercheck UWM Procurement uwmbids@uwm.edu

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

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

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

Applicable Dates Date 01/31/2022

02/03/2022 – 1:00pm CST

02/08/2022 --- by 3:00pm CST/CDT

02/14/2022

02/25/2022 -- 2:00 PM CST/CDT

06/08/2022 Event Date of Issue of the Bid

Site Visit

Written questions due

Answers to questions posted

BID Due Date

Installation & Removal Project Start Date

Contract Term The initial term of this contract shall be from the execution of the contract for one year. This contract will be automatically renewed for 4 additional one-year terms unless termination clause 5.14 is optionally utilized.

Site Visit The awarded contractor will be required to make field measurements of all campus locations where the lockers will be installed.

Bidder must visit the job site prior to submitting a bid to assure themselves and the University that they fully understand all requirements of the project. The mandatory site visit will be held on February 3rd at 1pm. The location for the site visit is at the UWM Pavilion – 3409 N. Downer Ave, Milwaukee WI 53201.

Contact Kathy Kercheck at kkerchec@uwm.edu no later than February 1, 2022 with the name of your company and how many will be attending. Please note, masks are required on UWM Campus. Failure to attend a mandatory site visit will disqualify your bid.

UWM will not pay for initial inspection; initial inspection is to be done at the vendor’s expense.

UWM will make reasonable efforts to accommodate vendors on an alternate date and time, if possible, but there will be no guarantee. In order for your bid to be considered, the attached Certificate of Site Visitation form (Attachment H), completed by the Bidder and signed by a Purchasing Services representative, should be submitted with your bid.

Product Samples (Pre-Award) The University, at its sole discretion, may require product demonstrations to validate information submitted with the bids. Failure of a bidder to produce a sample may result in rejection of the bid. These events cannot be used as an opportunity to alter bids submitted.

Samples and Evaluation

Acceptance and Testing (post award) Acceptance testing will occur within fourteen (14) days after the item(s) has been installed. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

If the item/service does not meet specification or performance requirements, the Contractor will have 30 days to meet requirements, at no additional cost to UWM. If after this time period the item still does not meet specifications or performance requirements, the Contractor agrees to work with UWM to find a mutually acceptable remedy. If a mutual remedy cannot be met, UWM has the right to immediately cancel the contract and will owe the contractor nothing.

The warranty period will begin following the successful acceptance testing.

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

ALTERNATE BIDS: Alternate bids will be considered. Any proposed changes in materials or processes described in specifications must fully explain how a product or solution of equal quality will result from the alternate bid. Each bid submitted will be evaluated separately. If bidding more than one solution, submit cost sheets for each bid separately.

Method of Award

Award shall be made on the basis of the lowest total project price as listed on Attachment C. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

Bidder must be able to bid on ALL items requested in Attachment C. There will be no award by individual items.

A demonstration of item/service may be required before contract award (Section 3.5). Acceptance testing will occur after installation (Section 3.7)

BIDDER QUALIFICATIONS

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

Bidder Information Bidder must complete the attached DOA-3832 Form (Attachment B) to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

Bidder Experience The Bidder (company or its principals) must be in the business of providing athletic lockers and must have done so for the past 5 years. Contractors must hold the appropriate licenses, certifications, and/or other professional credentials required by appropriate federal, state, county, and city laws to provide materials required in this bid.

Authorization Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer.

Proprietary Information Any information contained in the Bidder’s response that is proprietary must be detailed separately on Attachment B, Section 4 of form DOA-3823. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). Pricing information cannot be kept confidential.

References Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (Attachment B). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

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

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence.

Minimum Order Bids that require any minimum order quantity or dollar amount shall be disqualified.

PERFORMANCE AND CONTRACT REQUIREMENTS

Firm Prices Prices must remain firm for one year from the date the contract is signed. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

5.1.1 Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing 60 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. An acceptance of the price list change will be in the form of a letter to the Contractor F.O.B.

F.O.B.: All deliveries shall be FOB Destination and Installed. Delivery and installation charges and risk of loss shall be borne by the Contractor.

Items are to be delivered and installed at UWM Athletics, Pavilion 150, Milwaukee, WI 53201. Bid prices must include all packing, freight, insurance, set-up, instruction, and operation manual charges, excluding any import/export costs.

The Contractor must move the shipment (if required) to the installation site, unpack, and check in the equipment. Contractor is responsible for the shipment through completion of the installation. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to the University Representative.

Failure to bid FOB DESTINATION INSTALLED, delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

Requirements for Criminal Background Checks Background Checks of Contractors:

This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

If, in the course of providing services to UWM, Contractor (or its 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 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 UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

The University has a zero-tolerance policy for any acts of discrimination or harassment against its affiliated members. Any employee of the awarded bidder found to be harassing an individual will be removed from campus immediately.

See University Discrimination, Harassment, and Retaliation Policy Timeliness of Delivery Delivery is desired on or before June 8, 2022. State if this requirement can be met in Bidder Response sheet. If unable to deliver by the stated date, indicate on the Bidder Response Sheet (Attachment A) the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award.

The Contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 10 working days of receipt of order or release against existing order(s).

Failure to meet the delivery date or properly notify the ordering department may result in cancellation of order (award). The University reserves the right to contract with the next eligible Bidder to receive the items/services.

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

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

Invoicing Requirements

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

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment.

The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

· Contractor name

· remit to address

· purchase order number

· release number if given

· date of order/release

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

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

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

Any fees charged for use of the University’s purchasing card program are not allowed.

Payment Terms Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor Net 30 as accepted by the University upon satisfactory installation.

Shipments, Duplicates and Overshipments Upon notification by the University of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, the University reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items Insurance The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award, and on an annual basis throughout the term of the Contract.

The Contractor shall add: “The Board of Regents of the University of Wisconsin System, its officers, employees and agents” as an ‘additional insured’ under the commercial general, automobile and liability policies. The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

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

Subcontracting

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

· date of order/release

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

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

· prices per the Contract Contract Termination

Other Eligible Purchasers U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities may be eligible to purchase off of this contract.

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

This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue a separate bid when deemed in the best interest of the University.

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

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Purchasing Department. Any exceptions to this BID should be submitted with your response and alternative language proposed.

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

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

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder. Acceptance of any contract terms or conditions proposed is at the sole discretion of UWM.

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

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

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

Accommodations for Individuals with Disabilities The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact kkerchec@uwm.edu to make a reasonable accommodation request.

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

Energy Star The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet if applicable.

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

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

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

SPECIFICATIONS

Specifications of Items/Services to be Provided The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Itemized Bid List – Cost Sheet (Attachment C). Adequate detailed specifications of the items being offered, or bid must be included with your bid to ensure that the items being bid can be compared to determine if the items meet all specifications. Failure to provide the requested product specifications and information for items/services bid may disqualify your bid. UWM shall be the sole judge of the results of the verification process.

UWM will be the sole judge in determining compatibility of function, quality, and style.

See Attachment E for the Locker Plan. All plans are conceptual only and Locker Plan dimensions are subject to change.

The architectural drawings (Attachment E) represent the layout of the finished space(s). However, the actual dimensions may differ slightly because of variations in the building materials and/or other issues encountered during the construction process. If these variations are significant, it may facilitate the need to alter the placement of the lockers to another location within this space. We anticipate that if this happens it will only affect a small number of lockers. However, the total number of lockers will not change.

Bids must clearly specify if UWM has any responsibilities and what those are such as but not limited to any of the following: tools, equipment, connection hardware, labor, removal of any equipment, internal connections, etc. If bid dies not specify a UWM requirement, UWM will not be liable for these requirements.

UWM RESPONSIBILITIES: UWM will provide the following:

Secure access to the space for a pre-approved duration.

Electrical and networking sources to the walls, floor, and ceilings as required.

Prior to install, any relevant construction, modifications, or remodeling will be complete.

Installation area will be free of any obstructions (including excess dust, dirt, construction materials, and trash.

A loading dock with lift is available in the Klotsche Center parking lot Klotsche Center/Pavilion.

Contractor must leave the room in the same condition as upon arrival. For example, paint chips would need to be touched up, holes would need to be patched, etc.

Must perform work promptly and in accordance with a timeline approved in writing by UWM.

Must during the performance and completion of the work, maintain a clean and safe work area, free of debris, and remove all unused materials and dispose of legally at no additional cost to UWM, unless UWM approves use of our dumpsters.

Any equipment, tools or materials owned by the Contractor left on the job site are the Contractors responsibility. UWM does not take any responsibility for these items and their safety.

Men’s Locker Room Lockers must include the following:

(Side 1) A full-length storage area with hooks or bar for the hanging of suit/jacket (Side 2)

(1) Safety box to lock valuables with a keyless lock

(1) Mirror in the main area on back panel – 10”W

(3) storage shelves to fit within the locker area – 10”W

(1) Lower shoe area/storage area with a drawer that pulls out

Women’s Lockerroom Lockers must include the following:

(Side 1) A full-length storage area with 6 hooks (Side 2)

(1) Mirror in the main area on back panel – 10”W

(3) open storage shelves to fit within the locker area – 10”W

(1) closed storage shelves to fit within the locker area – no lock – 10”W

For both locker rooms:

6.1.21 Installation, demo, construction, and electrical work must be included by Contractor and factored into bid cost. Bids must clearly specify if UWM has any responsibilities and what those are such as but not limited to any of the following: tools, equipment, connection hardware, labor, removal of any equipment, internal connections, etc. If bid does not specify a UWM requirement, UWM will not be liable for those requirements.

6.1.22 Contractor shall be responsible for any filler sections that may be needed so that the lockers can properly wrap around the perimeter.

6.1.23 Bid must include the estimated lead time for installation.