Bid Document P17-010-M22.docx

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

DOA-3070 (R08/2003) UWM-3070 (R10-13)

Name: Pam Loignon Email: uwmbids@uwm.edu Phone: (414) 229-5212

See Section 3.4 for rules regarding communications during a Bid.

Bid Due: May 11, 2017 @ 2:00PM CDT Bid Opening: May 11, 2017 @ 2:15PM CDT

Available submission methods: See Section 3.5

|_| MANDATORY: Bid Response (Exhibit A) (Include under “Tab A” or label as “Tab A” in your response).

|_| MANDATORY: Cost Sheet (Exhibit B) (Include under “Tab A” or label as “Tab A” in your response).

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

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

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

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” may result in the quote/bid being considered non-responsive and ineligible for award.

Full name and Title of authorized Bidder’s representative:

City, State, Zip Code of Bidder:

Signature of authorized Bidder representative Federal Employee Identification No. (or social security if sole proprietor)(voluntary)

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”.

UWM shall not be liable for any cost incurred by a bidder in the process of responding to this bid.

UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request.

1.2 VENDORNET: The State of Wisconsin has implemented a web-based registration system called “VendorNet” to enable registered vendors to receive notice of all Official Sealed Bids/Request for Proposals (over $50,000.00) as solicited by all state agencies.

To obtain information on the state’s bidder registration, please visit the VendorNet Web site at https://vendornet.wi.gov or call the VendorNet Information Center (1-800-482-7813).

1.3 DEFINITIONS:

1.3.1 “Bidder” means a firm submitting a bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.”

1.3.2 “Contract” means the document(s) constituting the agreement resulting from this Bid award.

1.3.3 “Bid Cover Sheet” means the first page of this bid.

1.3.4 “State” means 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.

1.3.5 “RFB” or “Bid” means this Request for Bid.

1.3.6 “Successful Bidder” means the bidder to whom this bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier” or “Contractor.”

1.3.7 “Must”, “Shall”, and “Will” are mandatory requirements.

1.3.8 ‘Should” means a preferred feature.

1.3.9 “UWM” means the University of Wisconsin-Milwaukee.

1.4 GENERAL DESCRIPTION/PURPOSE OF THE REQUEST FOR BID: UWM desires to secure the services of a qualified vendor for the production, recording, and live broadcasting of UW-Milwaukee’s Men’s and Women’s Basketball games and Coach’s shows in the Milwaukee television market on a dedicated sports channel. The bidder must provide equipment, personnel, production elements, graphics, music, clearance, market coverage, copyrights, advertiser affidavits, and transmission. UWM will provide the host and guest for the coach’s shows. UWM may use this contract in the future for additional “like” service needs. UWM will pay per broadcast of the games and coach’s shows. The contract must be made available to all UWM departments. There is no guarantee of utilization or frequency of any future purchases.

1.5 BACKGROUND: UWM has the second largest NCAA Division I athletic department in the state of Wisconsin. The department sponsors 15 Division I sports programs. Seven (7) programs are for women: Basketball, Cross Country, Soccer, Swimming and Diving, Track and Field, Tennis, and Volleyball. Six programs are for men: Baseball, Basketball, Cross Country, Soccer, Swimming and Diving, and Track and Field. All participate in the Horizon League.

Over 300 student-athletes participate in athletic competition at Milwaukee, with over 80% of those individuals coming from within the State of Wisconsin. Of those athletes, approximately 240 receive some form of athletic scholarship.

Milwaukee has won over 125 Horizon League regular season or tournament championships, while the Panthers have captured the conference’s McCafferty Trophy, which is awarded to the all-sports champion, seven times in the last 14 years. Milwaukee teams regularly qualify for postseason play, and have earned a total of 40 NCAA Tournament berths in program history. This includes the men’s basketball team reaching the NCAA Sweet 16 in 2005 and the second round in 2006.

The Horizon League is annually rated as one of the top mid-major conferences in the nation. Membership includes Cleveland State University, University of Detroit-Mercy, University of Illinois at Chicago, Oakland University, University of Wisconsin-Green Bay, University of Wisconsin-Milwaukee, Valparaiso University, Wright State University, and Youngstown State University. In the past decade, the Horizon League has enjoyed unprecedented success on the national stage, going 19-14 in the NCAA Men’s Basketball Tournament in the last twelve (12) years, the seventh-best winning percentage among Division I conferences.

The Panthers play their home competitions at two (2) main venues: UW-Milwaukee Panther Arena and the UWM Klotsche Center.

1.6 TYPES OF ORDERS: Under this contract, specific order(s) and contract blanket order(s), may be issued to the Contractor. 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 not.

1.7 CONTRACT LENGTH: The contract will be for a two (2) year period from July 1, 2017 through June 30, 2019 with three (3) automatic one (1) year renewals unless either party notifies the other in writing an intention not to renew at least sixty (60) days prior to expiration date of the contract. Upon contract expiration, the contract shall revert to a month to month contract under the same terms and conditions until which time a new contract is awarded.

2.0TECHNICAL SPECIFICATIONS

2.1 QUALIFICATIONS: Vendor must record, produce, and broadcast live, UW-Milwaukee’s Men’s and Women’s Basketball games and prerecorded Coach’s shows in the Milwaukee television market on a dedicated sports channel, with bidder provided necessary equipment, personnel, and facilities. Vendor or its principals must be and have been in this line of business for the past three (3) years.

2.2 PERSONNEL/EQUIPMENT: Contractor will be responsible for the professional crew and all the necessary equipment to the best business practices for the required services. Vendor must be set up and prepared to videotape at least fifteen (15) minutes prior to the start of the coach’s shows and games. Equipment to include, but not limited to; a minimum of four (4) manned cameras and three (3) announcer headsets, DVR, EVS and tape machines with audio to follow video in router, switcher, encoder, mixer, media service, duet graphics, cabling etc.

2.3 PRODUCTION ELEMENTS, GRAPHICS, and MUSIC: Contractor must provide all necessary element reels, graphics disks, and music disks to produce the event in a professional manner. Expectations of the graphics, elements and music package are that of quality regional college basketball game broadcast and must be approved by UWM for usage. Upon contract award, the contractor must seek and obtain UWM approval for creative assistance to develop the elements, graphics and music package (i.e. logos, pictures, themes, color schemes, music selections, etc.).

2.4 LAWS AND COMPLIANCE: Vendor must comply with all applicable state, federal, and local laws, guidelines and regulations.

2.5 PRODUCTION, CLEARANCE, MARKET COVERAGE, COPYRIGHTS:

2.5.1 Basketball Game Requirements:

2.5.1.1 Must clear a minimum of eight (8) live men’s basketball games.

2.5.1.2 Must clear a minimum of four (4) live women’s basketball games.

2.5.2 Coach’s Show Requirements:

2.5.2.1 Must clear a minimum of ten (10) sixty (60) minute men’s basketball coach’s shows.

2.5.2.2 Must clear a minimum of five (5) sixty (60) minute women’s basketball coach’s shows which may be tied to live game broadcasting.

2.5.2.3 Recordings must take place weekly at a mutually acceptable set day and time by both UWM and the vendor. Recordings may be rescheduled or cancelled upon a seventy two (72) hour written notice before broadcast time

2.5.2.4 Vendors recording and production facilities must be located within the greater Milwaukee Metropolitan Area with commute times not to exceed thirty (30) minutes.

2.5.2.5 Timeline for production airing and recording of the shows must be agreed upon by UWM and Vendor.

2.5.2.6 Contractor agrees to provide mutually acceptable, standard in-studio production services for broadcast of coaches’ shows.

2.5.3 Must be broadcast on TV in the Milwaukee television market. Vendor must provide programming slot to be approved by UWM.

2.5.4 Must post each game and show on an “on Demand Channel” for a mutually agreed upon of time.

2.5.5 Must be shot in Full-HD quality Video (1080i and/or 1080p delivered as an NTSC standard).

2.5.6 Must reach entire Milwaukee DMA (designated market area) as part of the basic service on cable and/or satellite. UWM must be the sole copyright owner.

2.5.7 Must provide monthly affidavits for each of its advertisers to UWM for game broadcasts and coach’s shows.

2.5.8 Should provide final video on a disk to UWM. If a disk format is cannot be done, an alternate format must be approved by UWM.

2.5.9 Should produce and air UW Milwaukee’s men’s and women’s baseball, volleyball and soccer games upon request.

2.6 ORDERING: Ordering will be confirmed with a provided purchase order.

2.7 UWM RESPONSIBILITIES:

2.7.1 UWM shall be responsible for hiring and compensating all talent for the coach’s shows.

2.7.2 UWM shall provide ample parking for the production vehicles at the games.

2.7.3 UWM shall provide four (4) tickets to the home basketball games.

2.8 ADDITIONAL PRODUCT/SERVICES: UWM reserves the right to purchase all similar or like services during the contract term. Contractor shall provide like services at the same pricing discounts or pricing basis as stated in the bid response.

3.0BID PROCEDURES AND INSTRUCTIONS:

3.1 METHOD OF BID: Bidder must complete Exhibit A, Exhibit B, and all of the “mandatory” requirements as listed on the front cover sheet of the bid, according to the directions provided. The bid prices on the products must be all inclusive for all applicable costs, fees, and expenses. No additional costs, will be allowed that are not listed in Exhibit B.

Any exceptions to the Contract Terms and Conditions must be submitted under Tab B of bidder’s response. Specific objections or additions must be listed. It is insufficient for the bidder to site, incorporate by reference, or submit a standard bidder contract as a complete substitute or alternative for the language in this bid. 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 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.

3.2 METHOD OF AWARD: Award will be made to the lowest responsive, responsible bidder by a formula based upon historical data. The formula may be revealed after bid opening upon request or what is in UWM’s best interest. UWM is the sole judge in determining what is in their best interest. Bids that state a specific quantity or dollar amount will be disqualified.

UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. Authority for this program is found in ss. 16.75(3m) (b) 2, 3, 16.75(3m) (c) (4) and 560.0335(1) (b) (3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.3 BID RESPONSIVENESS: Bids may be evaluated to verify that they meet all specified requirements in this RFB and that they comply with all instructions of this bid.

The verification process may include requesting reports on the bidder’s financial stability, and/or reviewing results of past awards to the vendor by the State of Wisconsin or any of its agencies. Failure of a bidder to comply with verification requests may result in rejection of the bid. UWM shall be the sole judge of the results of the verification process.

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet a mandatory requirements may result in the bid being deemed non-responsive. Bidders are encouraged to submit responses even if all mandatory requirements are not met because Purchasing reserves the right to delete specifications, conditions of bid or items not bid if two bidders or more, or 50% or more of the bidders are unable to comply with a requirement.

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.

3.4 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. Violation of this condition may be considered sufficient cause for bid rejection. The subject line of the email must be labeled “P17-010-O20”. 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.

3.5 BID SUBMISSION: The method of submission are as listed below.

3.5.1 Delivery to Purchasing Office: If bidder is submitting a bid by delivery to the Purchasing Office, bidder shall submit one (1) original bid with a wet signature in a packaged, sealed envelope plainly marked on the outside with the following information: bidder’s name, bidder’s address, bid number, and the due date of the bid.

The address of the Purchasing Office is: Engelmann Hall Room 180, 2033 E. Hartford Ave, Milwaukee, WI 53211

Bids shall be deemed accepted when physically received in the UWM Purchasing Office as evidenced by a time stamp by the UWM Purchasing Office. Late bids shall be rejected.

3.5.2 Delivered via Email: Bidder shall submit to uwmbids@uwm.edu. Such email (and all bid documents) must be received prior to the bid due date. The subject line should read the following: “Bid response” followed by “Bid number, date due, and bidder’s company name.” UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable.

3.6 REFERENCE CHECKS: Bidder must supply with their bid a client list of two (2) recent clients in which you performed like /similar services. 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.

UWM reserves the right to contact or visit any party not listed as a reference that has previously used or is presently using similar products or services. UWM also reserves the right to use other sources to obtain or verify information about the proposed products and services.

3.7 PROPRIETARY INFORMATION: Any information contained in the bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the response as proprietary will neither be accepted nor honored. UWM 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. A copy of the form needed to designate portions of your submission as proprietary can be found at: http://vendornet.state.wi.us/vendornet/doaforms/doa-3027.doc.

4.0TERMS AND CONDITIONS

4.1 ENTIRE CONTRACT: This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

4.2 FIRM PRICES/CONTRACT PRICING HELD FIRM: Contract pricing resulting from this Bid must remain firm for the initial two (2) year term of the contract. Any price increases after that initial period shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry –wide. Pricing requests must be received in writing and approved by UW Milwaukee Purchasing ninety (90) days prior to the contract renewal date. If UWM deems cost increases not acceptable, UWM 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 an amendment to the contract or a letter to the Contractor.

4.3 BROADCAST RIGHTS: UWM will own all broadcast and non-broadcast rights to the completed television program and excerpts it produces, as well as electronic on-air enhancements to the same in perpetuity.

4.4 SUBCONTRACTING:

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

4.4.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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

4.5 CONTRACT TERMINATION:

4.5.1 Either party may cancel this agreement, either in whole or in part, by giving at least ninety (90) days prior notice in writing. However, the contractor will not be authorized to exercise this cancellation option during the first 120 days of the agreement

4.5.2 Shall the Contractor fail to perform under the terms, conditions and specifications of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within five (5) calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately.

4.5.3 UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

4.6 ADDITIONAL TERMS AND CONDITIONS: By submitting this form you expressly agree to be bound by DOA-3054, Standard Terms and Conditions (RFB/RFP). They can be found online at:

http://vendornet.state.wi.us/vendornet/doaforms/doafrmn.asp

Submission of this form does NOT represent a commitment from UWM.

Wisconsin Department of Administration Chs. 16, 19, 51

DOA-3681 (03/99)

SUPPLEMENTAL STANDARD TERMS AND CONDITIONS

FOR PROCUREMENTS FOR SERVICES

EXHIBIT A: BID RESPONSE

For the bid to be considered responsive, please must fully complete Exhibit A and Exhibit B (must be submitted electronically in an Excel format).

4. If yes, please list your early payment discount here:

Coach’s Show Requirements Specifications 9 - 14

Coaches Show Requirements Ends Here

22. Contract pricing resulting from this Bid must remain firm for the initial two (2) year term of the contract. Any price increases after that initial period shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry –wide. Pricing requests must be received in writing and approved by UW Milwaukee Purchasing ninety (90) days prior to the contract renewal date. Do you agree?

|_| Yes |_|No

Vendor Reference

Provide information for companies of two of your customers here where you provide the product(s) and/or service(s) with requirements similar to those included in this solicitation.

Company name of your customer

Contact person

Email address

Products or services you provide

How long have you worked with this customer?

Company name of your customer

Contact person

Email address

Products or services you provide

How long have you worked with this customer?

Use the checklist below as a tool to make sure you have submitted a complete Bid to be included under tab A.

|_| MANDATORY: Request for Bid Cover Sheet (front page), signed by an authorized signatory.

|_| MANDATORY: Bid Response (Exhibit A).

|_| MANDATORY: Cost Sheet (Exhibit B) (Include under “Tab A” or label as “Tab A” in your response).