BPK-20-198-International Student Recruitment Services_09_04_2019.pdf

REQUEST FOR PROPOSAL (RFP)

FOR

RECRUITMENT OF INTERNATIONAL F-1 & J-1 STUDENTS

Issued By

UNIVERSITY OF WISCONSIN OSHKOSH

RFP NUMBER: BPK-20-198

September 4, 2019

PLAN DUE DATE: October 3, 2019 @ 3:00 P.M. CDT

LATE PLANS WILL BE REJECTED

OFFICE OF FINANCE & ADMINISTRATION - PURCHASING

UNIVERSITY OF WISCONSIN-OSHKOSH • 800 Algoma Blvd • Oshkosh, WI 54901

Phone 920/424-3990 • Fax 920/424-2240

AGENT: Brian P. Klinger (920) 424-0317

E MAIL: klingerb@uwosh.edu

If NO BID (check here) and return.

STATE OF WISCONSIN

DEPARTMENT OF ADMINISTRATION

DOA-3832 (C01/2018)

S. 16.72 WIS. STATS

STATE BUREAU OF PROCUREMENT

101 EAST WILSON STREET, 6TH FLOOR

P. O. BOX 7867

MADISON, WI 53707-7867

Bidder Required Form Instructions: Bidder is required to complete all sections of this form. (Note: If the agency checks the box preceding Section 5 indicating that section is not applicable to the bid/proposal, Bidder may skip Section 5. Bidder may not skip any other sections of this form).

Section 1: Bidder Information Bidder/Proposer Company Name: E-Mail Address:

Phone Number:

Toll Free Phone:

Fax:

Address:

City: State: Zip:

Mailing Address for Purchase Orders (if different than above) Address:

City:

State: Zip:

Section 2: Bidder Contacts List the name and title of the person to contact for questions related to each of the topics below:

Topic

E-Mail Address Phone Bid/Proposal

Affirmative Action Plan

Orders and billing

Section 3: Bidder Reference Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used with requirements similar to those included in this solicitation document. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Address (including City, State, Zip):

Contact Person:

E-Mail Address:

Phone:

List Product(s) and/or Service(s) Used:

Company Name:

Section 4: Designation of Confidential and Proprietary Information

The attached material submitted in response to this bid/proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

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

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

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

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

We request that the following pages not be released:

Section Page # Topic

Using the boxes below, indicate your agreement with the following statements:

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

The state considers other markings of confidential in the bid/proposal document to be insufficient. The bidder/proposer agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Agency Only:

Section 5 is not applicable to this bid/proposal. If this box is checked, Bidder may skip to Section 6.

Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis. Stats.

Interested municipalities:

• Will contact the contractor directly to place orders referencing the state agency contract number; and

• Are responsible for receipt, acceptance, and inspection of commodities directly from the contractor, and making payment directly to the contractor.

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

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

Bidder: Please indicate your willingness to furnish the commodities or services to Wisconsin municipalities by checking the appropriate box below.

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

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

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

Special Conditions (if applicable):

REQUEST FOR PROPOSAL # BPK-20-198

RECRUITMENT OF INTERNATIONAL F-1 & J1 STUDENTS

TABLE OF CONTENTS

PAGE

SECTION #1: GENERAL INFORMATION ............................................................................................................ 1-3

1.1 Background Information

1.2 Purpose

1.3 Scope

1.4 Organization of this Solicitation Document

1.5 Definitions

1.6 Wisconsin eSupplier Portal Registration

1.7 Incurring Costs

1.8 Parking

1.9 Reasonable Accommodations

SECTION #2: PREPARING AND SUBMITTING A PROPOSAL .............................................................................. 4-7

2.1 Calendar of Events

2.2 Proposal Response Requirements

2.3 Certification of Independent Offer Determination

2.4 Signature Authority

2.5 Oral Presentations, Product Demonstrations & Site Visits

2.6 Clarifications and/or Revisions through Designated Contact

2.7 Multiple Proposals

2.8 Conflict of Interest

2.9 Proprietary Information

2.10 Appeals Process

SECTION #3: TERMS AND CONDITIONS OF CONTRACT .................................................................................. 8-14

3.1 Entire Contract

3.2 Contract Administrator

3.3 Term of Contract

3.4 Contract Termination

3.5 Orders

3.6 Firm Prices

3.7 Payment Terms

3.8 Invoicing Requirements

3.9 Purchasing Card

3.10 On-Site Service

3.11 Requirements for Criminal Background Checks

3.12 Employee Identification

3.13 Travel Per Diem

3.14 Campus Delivery Requirements

3.15 Acceptance and Testing (Post Award)

3.16 Insurance

3.17 Activity Reports

3.18 Record and Audit

3.19 Performance Meetings

3.20 Subcontracting

3.21 Fair Price Analysis

3.22 Severability

3.23 Environmentally Responsible (Green”) Product

3.24 Energy Star

3.25 Supplier Diversity

3.26 Debarment

3.27 Promotional Materials/Endorsements

3.28 Electronic Commerce/Online Ordering

3.29 Additional Services

SECTION #4: REQUIREMENTS AND SPECIFICATIONS

4.1 Purchased Services

4.2 Proposer Information

4.3 Proposer Experience

4.4 Client List/References

4.5 Minimum Order

4.6 Functional Requirements

SECTION #5: EVALUATION AND AWARD OF CONTRACTS............................................................................ 19-20

5.1 Proposal Scoring

5.2 Scoring Criteria and Method

5.3 Best and Final Offers

5.4 Contract Award

5.5 Notification of Award

SECTION #6: RFP CHECKLIST AND SUBMITTAL PAGE .................................................................................. 21-22

ATTACHMENTS .................................................................................................................................................... 23-29

ATTACHMENT A STANDARD TERMS AND CONDITIONS

ATTACHMENT B SUPPLEMENTAL STANDARD TERMS AND CONDITIONS FOR SERVICES

ATTACHMENT C COST PROPOSAL (SEPARATE EXCEL DOCUMENT)

UNIVERSITY OF WISCONSIN OSHKOSH BID NO: BPK-20-198

OSHKOSH, WISCONSIN Page 1 of 29

SECTION #1: GENERAL INFROMATION

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

1.1 Background Information

Founded in 1871, University of Wisconsin Oshkosh is a regional public institution of higher education comprised of three campuses, and one of 13 comprehensive universities in the University of Wisconsin System. With campuses in Oshkosh, Fond du Lac and Menasha, UW Oshkosh serves more than 16,000 students and offers more than 110 certificate, associate, baccalaureate, master’s and doctorate degree programs in both traditional classroom and online settings. UW Oshkosh is a research-enhanced, comprehensive university that serves as the educational, cultural and economic engine for 1.2 million citizens in the region. Learn more about us: Oshkosh campus, Fond du Lac campus and Menasha campus.

International Student Prospectus https://www.uwosh.edu/oie/partners/documents/uw-oshkosh_2018-2019-viewbook.pdf

Student Numbers

On the Oshkosh campus, F and J visa holder numbers have decreased from 125 in fall 2015 to 65 anticipated in fall 2019.

On the Fox Cities campus, they have increased from a handful in 2015 to an anticipated 160 in fall 2019. The Fond du Lac campus has only two. The Fox Cities campus, along with a few other 2-year campuses in the UW, benefited from active recruitment and allocation of staff FTE and a recruiting contract specific to the Fox Cities campus.

International Student Recruitment & Retention Administrative & Support Structure

Student Affairs

• Assistant Vice Chancellor, Enrollment Management

• Director, Undergraduate Admissions

International Student Admissions Counselor

Academic Affairs

• Director, International Education (PDSO)

Inbound Academic Coordinator International Student Retention Specialist

• Immigration Compliance Coordinators

Current Recruiting Partners

The University currently utilizes a few single-source agencies, one multi-source agency, a few higher education institutions and a few high schools. UW Oshkosh is not currently under contract for recruiting international students, except through the sources mentioned above.

Admissions Options

UW Oshkosh provides full admission or conditional admission at the undergraduate level and can offer conditional admission for some graduate programs.

Entry Barriers

Our entry barriers include our rankings, lack of brand recognition (except when confused with University of Wisconsin Madison), lack of scholarship options/no past history leveraging financial aid, engineering not offered (we offer engineering technology), and no on-campus housing for graduate students with families.

https://uwosh.edu/about-uw-oshkosh/ https://uwosh.edu/uwfdl/about/overview/ https://uwosh.edu/uwfox/about/overview/ https://www.uwosh.edu/oie/partners/documents/uw-oshkosh_2018-2019-viewbook.pdf

OSHKOSH, WISCONSIN Page 2 of 29

1.2 Purpose:

The University of Wisconsin Oshkosh, hereinafter referred to as the “University”, through its Administrative Services- Purchasing Department, hereinafter referred to as “Purchasing”, is requesting proposals for Division of Student Affairs hereinafter referred to as “Student Affairs”, to increase University brand awareness, generate enrollment growth in our non-resident alien student population, diversify enrollments, support all prospective students (partner- and University-generated leads) through university and visa application processes, and prepare all prospective students (partner- and University-generated leads) for travel to and university life in Wisconsin, USA. Contracted responsibilities will be performed under a brand partnership with the University of Wisconsin Oshkosh.

1.3 Scope:

See Requirements and Specifications (Section 4) and/or Cost Proposal Form (Attachment C) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Cost Proposal Form are for proposal 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 proposals when deemed in the best interest of the University.

The University reserves the right to negotiate with any contracted vendor(s) to establish additional discounts and/or lower prices for products determined to meet the requirements of a University-led initiative to set product standards. Contracted vendor(s) may be asked to provide new, lower prices for these standard products and configurations for a limited, fixed term, to fall within the term of the contract resulting from this Request for Proposal.

All University of Wisconsin Oshkosh departments must be eligible to purchase from this contract.

1.4 Organization of this Solicitation Document

This document is divided into six (6) main sections. The sections also refer to “Attachments” when such organization assists in making this document more fluid. The six (6) main sections are:

Section 1 General Information (generally states the intent of the solicitation and submittal instructions) Section 2 Preparing and Submitting a Proposal.

Section 3 Terms and Conditions of Contract (contains performance clauses that will become part of any awarded contract).

Section 4 Requirements and Specifications (technical and other specifications for the proposal).

Section 5 Evaluation and Award of Contract(s) (contains details of the evaluation process).

Section 6 RFP Checklist and Submittal Page Attachment(s) A through C

1.5 Definitions:

The following definitions are used throughout this document:

Agent means UW Oshkosh representative responsible for this Request for Proposal. Full contact information can be found in Section 2.6.

Proposer means a firm submitting a proposal in response to this Request for Proposal.

CIC means Committee on Institutional Cooperation, a consortium of the Big Ten universities plus the University of Chicago.

Contractor means successful Proposer awarded the procurement.

Department means UW Oshkosh Student Affairs DVB means Disabled Veteran-Owned Business.

MBE means Minority Business Enterprise.

Purchasing means the Purchasing Department in Administrative Services responsible for the procurement of goods and services on UW Oshkosh campus, located at 236 Dempsey Hall, 800 Algoma Blvd, Oshkosh, WI 54901.

Purchasing card means State credit card.

RFP means Request for Proposal.

State means State of Wisconsin.

University UW Oshkosh and UWO all mean University of Wisconsin Oshkosh.

WBE means Woman-Owned Business Enterprise.

OSHKOSH, WISCONSIN Page 3 of 29

1.6 Wisconsin eSupplier Portal Registration

Only Bidders registered with the State of Wisconsin’s eSupplier Portal (the State’s electronic purchasing information system) will receive future official notice for this service/Commodity. The State of Wisconsin purchasing information and Bidder notification service is available to all businesses and organizations that want to sell to the State. Anyone may access the Wisconsin eSupplier Portal on the internet at https://eSupplier.wi.gov to register as a Bidder with the State of Wisconsin. Bidders may use the same internet address for inclusion on the Bidders list for goods and Services that the organization wants to sell to the State. A subscription with notification guarantees the organization will receive an email message each time a State Agency, including any campus of the University of Wisconsin System, posts a request for bid in their designated Commodity/service area(s) with an estimated value over $50,000. Organizations without internet access receive paper copies in the mail. Increasingly, State agencies also are using Wisconsin eSupplier Portal to post simplified bids valued at $50,000 or less. Bidders also may receive email notices of these simplified bid opportunities.

Bidders may also visit VendorNet on the internet at https://VendorNet.wi.gov to get information on State purchasing practices and policies, goods and Services that the State buys, and tips on selling to the State.

1.7 Incurring Costs:

The State of Wisconsin is not liable for any cost incurred by Proposers in replying to this RFP.

1.8 Parking:

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UW Oshkosh Parking Services located at Lower Level of Blackhawk Commons, Oshkosh, WI 54901

(920) 424-4455. 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. A map of the campus can be accessed here: https://parking.uwosh.edu/maps

1.9 Reasonable Accommodations:

University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If any alternate accommodations are needed, contact Brian Klinger at (920) 424-0317.

https://vendornet.wi.gov/ http://www.parking.uwosh.edu/maps/

OSHKOSH, WISCONSIN Page 4 of 29

SECTION #2: PREPARING AND SUBMITTING A PROPOSAL

2.1 Calendar of Events:

Event Date RFP Release Date ..................................................... September 4, 2019 Written Questions due ............................................... September 19, 2019 RFPs DUE BY: .......................................................... October 3, 2019 @ 3:00 PM CST/CDT Vendor Presentations/Demo/Site Visit (if needed): ... October 15 & 16 Award Notification: ..................................................... End of October 2019 Contract start date: .................................................... January 2020 (estimated, as per Board of Regents approval)

PROPOSALS MUST BE DELIVERED TO:

Administrative Services-Purchasing, 236 Dempsey Hall, 800 Algoma Blvd., Oshkosh, WI 54901.

NUMBER OF COPIES TO BE SUBMITTED:

One (1) original proposal with Attachment C-Cost Proposal (marked as such), Seven (7) identical, complete copies of the proposal without Attachment C-Cost Proposal and One (1) identical complete digital copy (in searchable PDF format) without Attachment C-Cost Proposal and One (1) identical complete digital copy (in searchable PDF format) with Attachment C-Cost Proposal must be submitted prior to the time and date stated in Section 2.1 (Written Plans Due) on a Flash Drive. Late proposals shall be rejected. All materials become the property of the University upon receipt in the Purchasing Office and are subject to the State of Wisconsin Open Records Statute.

The original plan with Attachment C-Cost Proposal must be sealed and submitted as a separate package. The outside of the package must be clearly labeled with the words “Proposal with Attachment C-Cost Proposal, “RFP#BPK-20-198 RECRUITMENT OF INTERNATIONAL F-1 & J1 STUDENTS” and name of the vendor and due date.

RETAIN A COPY OF YOUR PROPOSAL RESPONSE FOR YOUR FILES

Proposals may be dropped off at Administrative Services-Purchasing, 236 Dempsey Hall, 800 Algoma Blvd., Oshkosh, WI 54901, between the hours of 8:00 AM and 4:30 PM PRIOR to the due date and time.

FAXED OR E-MAILED RESPONSES WILL NOT BE ACCEPTED.

VENDOR NOTE: FOR THE PURPOSES OF THE RETURN ADDRESS LABEL, IF THE ADDRESS IS THE SAME AS YOU LISTED ON THE REQUEST FOR PROPOSAL FORM – YOU DO NOT NEED TO FILL OUT THE RETURN ADDRESS LABEL.

RETURN ADDRESS LABEL:

Below is a label that can be taped to the outside of your sealed proposal response. If returning your proposal response by mail or in person, please fill out the information and tape to the outside of your proposal package.

PROPOSAL

NUMBER: BPK-20-198

DUE DATE: September, 5 2019 TIME: 3:00 PM CST

SHIP FROM:

VENDOR NAME HERE: ______________________________________

ADDRESS: ________________________________________________

OSHKOSH, WISCONSIN Page 5 of 29

SHIP TO:

ADMINISTRATIVE SERVICES-PURCHASING

236 DEMPSEY HALL

800 ALGOMA BLVD.

OSHKOSH, WI 54901

2.2 PROPOSAL RESPONSE REQUIREMENTS:

Proposals should be typed and submitted on 8.5 by 11 inch paper and bound securely. The response should be organized and presented in the following order. Each section should be separated by tabs or otherwise clearly marked. The contents within each tab should reference the section or attachment number assigned in the RFP. No mention of financial impacts may be indicated in the technical requirements/response and must be included in Cost Proposal (Attachment C) and submitted as directed in Section 2.1. Failure to submit as indicated may disqualify your proposal.

Tab 1:

• Request for Proposal form signed by an authorized representative of proposing company – DOA-3832 form.

Tab 2:

• Responses to specifications in Section 4. – Specifications (Sections 4.6.1 - 4.6.7).

Tab 3:

• Cost Proposal, Attachment C (reference Section 2.1)

Tab 4: Other

• RFP Checklist and Submittal Page

2.3 Certification of Independent Offer Determination:

By submitting a Proposal, the Proposer certifies, for their firm, that the RFP:

2.3.1 Independent Offer. The plan has been arrived at independently, without consultation, communication or agreement with any competitor for the purpose of restricting competition;

2.3.2 Offer Disclosure. Unless otherwise required by law, the offer cited in this RFP has not been and will not be knowingly disclosed by the Proposer prior to opening directly or indirectly to any other Proposer;

2.3.3 Restriction of Competition. No attempt has been made nor will be made by the Proposer to induce another person or firm to submit or not submit a plan for the purpose of restricting competition.

2.4 Signatory Authority:

Each person signing this proposal certifies that:

2.4.1 Offer Responsibility: The individual applying their signature has authority to contract for their company and is responsible for the proposal and offer submitted and has not nor will not participate in any action contrary to 2.3.1 through 2.3.3;

2.4.2 Offer Agent Authorization: The individual applying their signature has authority to contract for their company and has been authorized in writing to act as agent to provide a proposal and offer for the persons responsible for such decisions; and has the authority to certify that such persons have not and will not participate in any action

OSHKOSH, WISCONSIN Page 6 of 29 contrary to 2.3, and as their agent certifies this; and has not nor will not participate in any action contrary to 2.3.1 through 2.3.

2.5 Oral Presentations, Product Demonstrations and Site Visits

The University, at its sole discretion, may require oral presentations, product demonstrations and/or vendor location site visits to validate information submitted with the proposals. Failure of a Proposer to conduct a presentation on the date scheduled or allow an on-site/vendor site visit may result in rejection of the proposals. These events cannot be used as an opportunity to alter proposals submitted.

2.6 Clarifications and/or Revisions through Designated Contact:

All communications and/or questions in regard to this RFP must be in writing and reference the RFP number. Proposers are encouraged to e-mail Brian Klinger (klingerb@uwosh.edu) questions to the Purchasing Office. If permitted, verbal questions must be directed to Purchasing.

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, they shall have up until five (5) business days after the RFP issue date to notify, in writing, Brian Klinger at the address shown below of such error and request modification or clarification of the RFP document.

Brian Klinger

UW Oshkosh Administrative Services-Purchasing 800 Algoma Blvd

236 Dempsey Hall Oshkosh, WI 54901

PHONE 920/424-0317 -- FAX 920/424-2240

E-mail: klingerb@uwosh.edu

If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the Proposer, or which must have reasonably been known to the Proposer, then the Proposer shall submit a response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or 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 RFP, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov and provided to all recipients of this initial RFP.

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

2.7 Multiple Proposals

Proposers who wish to submit more than one proposal may do so, provided that each proposal stands alone and independently complies with the instructions, conditions and specifications of the request. Each plan must be separately submitted and labeled as Proposal #1, Proposal #2, etc. If multiple responses are submitted, the University reserves the right to review each Proposal separately and award to the Proposal that is the most advantageous and in the best interest of the University. The University is the sole judge of its best interests in regard to the Proposal submitted.

2.8 Conflict of Interest:

By submitting a Proposal, the Proposer certifies that no relationship exists between the Proposer and the University that interferes with fair competition or is a conflict of interest, and no relationship exists between the Proposer and another person or firm that constitutes a conflict of interest that is adverse to the University.

2.9 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3832.

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).

mailto:klingerb@uwosh.edu http://vendornet.state.wi.us/ http://publicnotices.wi.gov/

OSHKOSH, WISCONSIN Page 7 of 29

2.10 Appeals Process:

The appeals procedure applies to only those requests for bids for services that are over $50,000. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provision(s) that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with the Vice Chancellor of Administrative Services no later than five (5) working days after the date of solicitation or the notice of intent to award is issued by the University. The written notice of intent to protest must be received by:

Administrative Services

Attn: Vice Chancellor of Administrative Service The University of Wisconsin Oshkosh

236 Dempsey Hall 800 Algoma Blvd

Oshkosh, Wisconsin 54901 with a copy to:

Administrative Services

Attn: Director of Purchasing The University of Wisconsin Oshkosh

236 Dempsey Hall 800 Algoma Blvd.

Oshkosh, Wisconsin 54901

The written protest must be received by the Vice Chancellor and the Purchasing Manager no later than ten (10) working days after the notice of intent to award is issued, whichever is greater.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five (5) working days after denial by the University, with a copy of such appeal filed with the University, provided the appeal alleges a violation of statute or a provision of a Wisconsin Administrative Code.

OSHKOSH, WISCONSIN Page 8 of 29

SECTION #3: TERMS AND CONDITIONS OF CONTRACT

3.1 Entire Contract

A contract will be awarded based on the criteria established in this Request for Proposal, including attachments and any amendments issued. The RFP, the proposal 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:

A. Contract Award Letter B. Original Request for Proposal Number BPK-20-198, dated September 4, 2019, including amendments/ attachments C. Proposer response to RFP D. Official Purchase Order (when applicable)

Any other terms and conditions provided by the Proposer with the proposal 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 RFP 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/proposer's letterhead, signed, and attached to the proposal 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/proposer shall be held liable. A Word copy of this exceptions document must be submitted with your electronic proposal response.

Submitting a standard Proposer 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 proposal.

The University reserves the right to negotiate contractual terms and conditions or reject the Proposer’s response and proceed to the next qualified Proposer.

3.2 Contract Administrator

Any correspondence must include reference to Contract number BPK-20-198 and be sent to the Contract Administrator. The Contract Administrator is authorized to give the approvals required under this contract on behalf of the University.

Contractor Contractor must provide knowledgeable individuals, acceptable to the University, who will provide the following administrative support functions:

The Contract Administrator for the Contractor who is authorized to give the approvals required under this Contract is:

Brian Klinger

The University of Wisconsin Oshkosh Administrative Services

236 Dempsey Hall 800 Algoma Blvd.

Oshkosh, Wisconsin 54901 Phone: 920.424.0317

Email: klingerb@uwosh.edu

3.3 Term of Contract

The initial term of this contract shall be six (6) years after date of award. This contract may be renewed for one (1) additional two-year term, unless Purchasing is notified, in writing, by the Contractor; or notifies the Contractor, in writing, five hundred forty (540) calendar days prior to expiration of the initial and/or succeeding Contract term(s).

Such renewal will be by mutual agreement of University and the Contractor(s).

OSHKOSH, WISCONSIN Page 9 of 29

3.4 Contract Termination

3.4.1 The University may terminate the Contract at any time, without cause, by providing ninety (90) days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

3.4.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within ninety (90) 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.

3.4.3 If at any time the Contractor performance threatens the health and/or safety of the University, its staff, students or others who may be on campus, the University has the right to cancel and terminate the Contract without notice.

3.4.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for

Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

3.4.5 If at any time a petition in bankruptcy shall be filed against the Contractor and such petition is not dismissed within 90 calendar days, or if a receiver or trustee of Contractor's property is appointed and such appointment is not vacated within 90 calendar days, the University has the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate this contract by giving 10 calendar days’ notice in writing of such termination.

3.4.6 All notices of performance failure must be submitted in writing to Purchasing, 236 Dempsey Hall, 800

Algoma Blvd, Oshkosh, WI 54901. Purchasing shall be final authority for all performance failure determinations not resolved through Student Affairs.

3.5 Orders:

Under this contract, Specific order(s), Contract blanket order(s), or Purchasing Card orders (defined below) may be issued to the Contractor(s). Proposal should identify method by which you will accept orders against this contract (e.g. e-mail, fax, internet, mail, phone, etc.).

3.5.1 Specific order(s): issued as one-time orders.

3.5.2 Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

3.5.3 Purchasing Card order(s): issued as one-time order(s).

3.6 Firm Prices:

Prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

Price increase requests proposed after the initial Contract term, must be received by Purchasing in writing one five hundred forty (540) 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.

Acceptance of the price increases shall be in the form of an amendment to the contract.

Price increases must be labeled with the contract number and be submitted in the same format as the original Proposal. Any price increase requested that is not submitted in the proper format may be rejected.

OSHKOSH, WISCONSIN Page 10 of 29

3.7 Payment Terms

The University will pay the Contractor each phase in accordance with milestones and achievements and as accepted by the University.

Under no circumstances will the University pay more than 50% prior to acceptance of services completed.

3.8 Invoicing Requirements:

Invoices for Purchase Orders:

3.8.1 Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net prices established for the 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

• date(s)

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

• complete service description(s) as described in proposal

• prices per the Contract

• other items as designated by University

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

The original invoice must be sent to University Accounts Payable, P.O. BOX 2884, Oshkosh, WI 54903- 2884 unless the customer identifies and establishes a different bill-to location.

3.9 Purchasing Card:

Order confirmation shall contain the same detail as listed in Section 3.8.1 and should be sent to the address given at the time of the order is placed.

3.10 On Site Service:

In carrying out the scope of this Contract, the Contractor may be required to perform services on University property. Proposer’s cost must include all transportation charges.

3.11 Requirements for Criminal Background Checks

Background Checks of Contracted Individuals

This contract is contingent upon, prior to the commencement of services, the independent Contractor passing a criminal background check performed by the Criminal Background Check Coordinator of the unit for which the individual will be engaging in activities or rendering services. This background check will evaluate whether the individual has any pending charges or convictions 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 UW Oshkosh, 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 the UW-System’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, OSHKOSH, WISCONSIN Page 11 of 29

Contractor, etc.), or the incident or threat of child abuse or neglect occurred on the UW campus or during a University-sponsored activity, the Contractor shall also report to the UW Oshkosh Police Department or University Office for Equity and Diversity.

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 UW Oshkosh, 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 the UW-System’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 University-sponsored activity, the Contractor shall also report to the UW Oshkosh Police Department or University Office for Equity and Diversity.

3.12 Employee Identification:

All Contractor’s employees, while working on University property (as applicable), must wear a clearly displayed photo identification badge or uniform showing name of employee and/or company represented. Any identification must be provided by the Contractor at the Contractor’s cost.

3.13 Travel Per Diems

All of the Contractor’s travel and per diem expenses (as applicable) shall be the Contractor’s sole responsibility.

Payment to the Contractor by the University shall not include an additional amount for this purpose.

3.14 Campus Delivery Requirements:

3.14.1 The UW Oshkosh Central Receiving Address is:

Central Receiving 645 Dempsey Trail Oshkosh, WI 54902

Any service involving delivery or pickup shall be made to or from University departments five days per week, Monday through Friday, from 7:00 a.m. to 3:30 p.m. unless negotiated otherwise.

3.14.2 The UW Oshkosh Mailing Address is:

UW Oshkosh 800 Algoma Blvd.

Oshkosh, WI 54901

3.15 Acceptance and Testing (Post Award)

Acceptance testing will occur within ninety (90) days after the service has been delivered. Acceptance testing will be performed by the University and will consist of verification of the specifications and performance requirements.

3.16 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 provided on an annual basis throughout the term of the Contract. Additional insurance coverage may be required by the State of Wisconsin required by

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 Contractor’s liability policies.

The certificate holder shall be listed as the University of Wisconsin-System Administration or System campus for their respective purchases.

OSHKOSH, WISCONSIN Page 12 of 29

3.17 Activity Reports:

Contractor must be able to report on a regular basis on services performed against this contract during the designated report period.

3.18 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.

3.19 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.

3.20 Subcontracting:

3.20.1 Any Contract resulting from this proposal 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 to satisfy Internal Revenue Service requirements.

3.20.2 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.

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

3.20.4 If Subcontractors are to be used, the Contractor must clearly explain their participation, deliverables, and project milestones prior to commencing work.

3.21 Fair Price Analysis:

Purchases made under this contract may require further fair price analysis. Proposers should identify on the Proposer 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 Proposer will be required to provide this documentation prior to the order being issued.

3.22 Severability

If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract.

3.23 Environmentally Responsible (“Green”) Product:

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.

3.24 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 proposal meet Energy Star requirements, but the bulk of the product line should be energy efficient. Proposer should identify those items which meet the Energy Star requirements on the Proposer Response Sheet.

OSHKOSH, WISCONSIN Page 13 of 29

3.25 Supplier Diversity

3.25.1 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 Oshkosh 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 shall furnish information at least once per year, in the format specified by the University, about its purchases (including dollar amounts) from Wisconsin certified MBEs, and additional efforts made to achieve this goal.

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.

3.25.2 Woman Owned Business (WBE)

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

The State of Wisconsin policy provides that Woman-Owned Businesses certified by the Wisconsin Department of Commerce 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 Woman-Owned Businesses or by using such businesses to provide goods and services incidental to this agreement.

3.25.3 Disabled Veteran Owned Business (DVB)

The State of Wisconsin policy provides that Disabled Veteran-Owned businesses certified by the Wisconsin Department of Commerce 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 Disabled Veteran-Owned businesses or by using such enterprises to provide goods and services incidental to this agreement.

3.26 Debarment:

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors…