EG-219028-Holder Tractor-RFB.pdf

University of Wisconsin Eau Claire

REQUEST FOR BID

THIS IS NOT AN ORDER

Bid opening will be conducted online at 2:00pm on the date the bid is due. Bidder may participate in the bid opening through the Skype link below:

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715-598-5038,,3087138# (UWEC)

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AGENT: Elizabeth Gillen

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: EG-219028

ISSUE DATE: 07/17/2020

DUE DATE: 07/28/2020

If NO BID (check here) and return.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the University Procurement. Unless otherwise noted, public openings will be on the date and time specified. 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.

New Holder Tractor S100 and C 9.88 H Trade In

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 #:

https://meet.uwec.edu/gillenef/9HH0C8PG https://dialin.uwec.edu/?id=3087138 https://dialin.uwec.edu/ https://o15.officeredir.microsoft.com/r/rlidLync15?clid=1033&p1=5&p2=2009

Contents

1 SUBMITTAL INSTRUCTIONS

1.1 Bid Response Requirements

2 GENERAL INFORMATION

2.1 Purpose

2.2 Scope

2.3 Definitions

2.4 E-Supplier Registration

2.5 Campus Delivery Requirements

2.6 Parking

2.7 Promotional Materials/Endorsements

2.8 Discriminatory Boycotts of Israel

2.9 Supplier Diversity

2.9.1 Minority Business Enterprise Program (MBE)

2.9.2 Woman-Owned Business Enterprise Program (WBE)

2.9.3 Disabled Veteran Owned Business Program (DVB)

2.9.4 VETERAN-OWNED BUSINESS Program (VB)

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Contract Term

3.4 Proprietary Information

3.5 Accommodations for Individuals with Disabilities

3.6 Method of Bid

3.7 Method of Award

4 BIDDER QUALIFICATIONS

4.1 Bidder Information

4.2 Bidder Experience

4.3 Authorization

4.4 Client List / References

4.5 Debarrment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

5.2 F.O.B

5.3 Requirements for Criminal Background Checks

5.4 Timeliness of Delivery

5.5 Item Return Policy

5.6 Additional Items/Services

5.7 Invoicing Requirements

5.8 Payment Terms

5.9 Contract Termination

5.10 Other Eligible Purchasers

5.11 Record and Audit

5.12 Entire Contract

6 SPECIFICATIONS

6.1 Specification One

6.2 Warranty

6.3 Emergency Situation

6.4 Trade-In

7 ATTACHMENT A – BIDDER RESPONSE SHEET

8 Attachment B – Cost Sheet

9 ATTACHMENT F – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO:

Elizabeth Gillen at gillenef@uwec.edu

The University accepts completed bids e-mailed to gillenef@uwec.edu provided they are date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date.

Submitting a bid to any other e-mail address than gillenef@uwec.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission does not constitute proof of receipt.

Email submissions may not be greater than 25 megabytes. Any email file greater than 25 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.

1.1 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.

1. One (1) copy of the completed bid, signed.

2. Bidder Response Sheet (Attachment A)

3. Cost Sheet (Attachment B)

4. Manufacturer’s Standard Warranty and any additional warranty offered.

5. DOA-3832 Required Form

Bids must be received and date/time stamped prior to 2:00 p.m. CST/CDT on the stated bid due date. Bids not so date/time stamped shall be considered late. Late bids shall be rejected.

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin Eau Claire hereinafter referred to as the "University", through its Purchasing Services Department, hereinafter referred to as "Purchasing," on behalf of Facilities Management – Grounds Department hereinafter referred to as "Grounds" requests bids for the purchase of a New Holder Tractor S100 and trade in of our 2007 Holder C 9.88 H.

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

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 Cost Sheet, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO mailto:gillenef@uwec.edu mailto:gillenef@uwec.edu

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.

2.2 Scope

The University Grounds department is seeking to purchase one, new, 2020 Holder S100 Tractor to have delivered by September 1st 2020. The University Grounds department is additionally requesting a trade in bid value for their 2007 Holder C 9.88 H Tractor as part of this bid.

See Specifications (Section 6) and Cost Sheet for the minimum acceptable specifications for items desired and trade-in specification/images. The estimated item quantities identified on the Cost Sheet 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.

2.3 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.

Contract Contact means Facilities Grounds Supervisor

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 Facilities Management – Grounds.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Procurement means the Procurement Office in the Division of Business Services responsible for the procurement of goods and services on UW Eau Claire campus, located at 651 University Drive, Eau Claire, WI 54701.

State means State of Wisconsin.

University and UW both mean University of Wisconsin – Eau Claire.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

WBE means Woman-Owned Business Enterprise.

2.4 E-Supplier Registration

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.

2.5 Campus Delivery Requirements

Delivery of orders shall be made to University Central Receiving, 651 University Drive, Eau Claire, WI 54701, five days per week, Monday through Friday, 8:00am-4:00pm.

2.6 Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through University Facilities Management. They will be required to contact the Grounds Supervisor, Aaron Turek, turekaj@uwec.edu, to fill out the Contractor Permit, and have that visible on their vehicle during the duration of their time on campus. 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.

2.7 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.

2.8 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.

2.9 Supplier Diversity

2.9.1 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 Colleges and Extension is committed to the promotion of minority business in the state's purchasing program.

https://esupplier.wi.gov/

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.

2.9.2 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

2.9.3 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

2.9.4 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 http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program https://wisdp.wi.gov/search.aspx 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.

3 BID PROCESS INSTRUCTIONS

3.1 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.

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 bid issue date and time, to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the BID document.

ADMINISTRATIVE:

Elizabeth Gillen 651 University Drive Eau Claire, WI 54701

E-mail: gillenef@uwec.edu

PHONE 715-836-3529

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.

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 notice of award, is released. Contacting anyone other than the Designated Contact(s) above may disqualify your BID.

http://dva.state.wi.us/

3.2 Applicable Dates

Date

Friday July 17, 2020

Wednesday July 22, 2020 – close of business (5:00pm)

Friday July 24, 2020 – close of business (5:00pm)

Tuesday July 28, 2020 – 2:00pm

Event

Date of Issue of the Bid

Written questions due

Responses to questions due

BID Due Date (CST/CDT)

3.3 Contract Term

The initial term of this contract shall be August 12, 2020 or date of award, through August 11, 2021 or one year after date of award. This contract will be automatically renewed for four (4) additional one-year terms unless termination clause 5.17 is optionally utilized. Contract end date will be August 11, 2025.

3.4 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed on the attached Designation of Proprietary and Confidential Information 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). Pricing information cannot be kept confidential.

3.5 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 Elizabeth Gillen, gillenef@uwec.edu to make a reasonable accommodation request.

3.6 Method of Bid

Bidder must submit a net unit price and extended net total for each item and a total price by lot as designated.

Bidder must submit a net trade in value total for each item. Prices listed shall be in US dollars unless otherwise indicated.

3.7 Method of Award

Award(s) shall be made on the basis of the lowest extended total for the individual line item and the highest trade in value, which is judged to be in the best interest of the University. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

For University Imports: See Section 5.3

Supplier Diversity Preferences State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score.

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.

4 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).

4.1 Bidder Information

Bidder must complete the attached DOA Form 3832 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.

4.2 Bidder Experience

The Bidder (company or its principals) must be in the business of providing Holder Tractors and must have done so for the past five (5) years.

4.3 Authorization

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

4.4 Client List / References

Bidder must supply upon request 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 (see Bidder Required Form, DOA- 3832). 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.

4.5 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.

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

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

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html

5.1.2 Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing thirty (30) calendar days prior to the effective date of proposed increase.

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

5.2 F.O.B.

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

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at UW-Eau Claire – Facilities Management, 651 University Drive. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

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

5.3 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 the UW, 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, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

5.4 Timeliness of Delivery

Delivery is desired on or before September 1, 2020. State if this requirement cannot be met. If unable to deliver by the stated date, indicate on the Cost Sheet, 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 two (2) working days of receipt of order or release against existing order(s).

Once awarded, failure to meet this delivery date may result in cancellation of order (award). The University reserves the right to contract with a second vendor/contractor to receive the items/services per delivery requests.

5.5 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.

5.6 Additional Items/Services

Bidder agrees to provide all similar items and services in the Bidder’s product line. Bidder shall provide like items at the same Contract pricing as stated in Cost Sheet. Where the pricing structure does not apply or where cost to the Bidder is unique those items may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor.

5.7 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.

The original invoice must be sent to FACMGT19@UWEC.EDU unless the customer identifies and establishes a different bill-to location.

5.8 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.

5.9 Contract Termination

The University may terminate the Contract at any time, without cause, by providing thirty 30 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.

5.10 Other Eligible Purchasers

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities shall 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.

5.11 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.

5.12 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:

A. Contract Award Letter

B. Original Request Bid Number EG-219028, dated 07/17/2020 including amendments/attachments

C. Bidder response to BID.

D. Official Purchase Order (when applicable)

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.

6 SPECIFICATIONS

6.1 Specification One

The specific manufacturer’s model number is shown on the Cost Sheet as desired by the University. Adequate detailed specifications of the items being bid should be included with your bid. The bidder may not offer alternate items believed to be an equal. The year of this tractor must be 2020 and the model must be S100.

Price and deliverables must include:

1. Four winter tires, radial truck winter 17”

2. Rear Lift Double-Acting, CAT 1 includes catch hooks and upper links

3. Hydraulic PTO for rear of tractor (send loose)

4. Hydraulic high flow – 32 GPM front and rear

Failure to provide the requested product specifications and information for items bid may disqualify your bid.

6.2 Warranty

Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must indicate warranty term on Bidder Response Sheet and shall enclose standard warranty documents with your bid.

6.3 Emergency Situation

In the event of an emergency situation (pandemic, snow storm, etc.), Contractor must be required to provide the University with the items/services on this bid as required. An emergency preparedness plan to serve the University and the items/services that are available to meet emergency needs should be provided if requested. Minimally, this plan should include emergency contact information, product and service level availability, staffing, equipment, and logistics plan.

6.4 Trade-In

The Cost Sheet shows the exact model/serial number(s) of the trade-in. Arrangements should be made to inspect the equipment with the contact person listed in Section 3.1. If trade-in option is awarded, Contractor will remove trade-in equipment at the time of installation of new equipment at no extra charges to the University.

Trade-In Information:

Unit: Holder Model: C 9.88 H Year: 2007 Hours: 3866 Known Issues: PTO is stuck in the “On” position Refer to images 1-4 shown below

7 ATTACHMENT A – BIDDER RESPONSE SHEET

NOTE: This form must be returned with your bid response. Numbers for each question below refer to the corresponding section of this document that explains the requirement. Bidder may attach additional relevant information to their bid response; identify sections to which information applies.

YES NO

SUBMITTAL INSTRUCTIONS

1.1 Have you completed and returned all forms required?

Completed Bid, Signed Bidder Response Sheet Cost Sheet Manufacturer’s Standard Warranty and any additional warranty offered DOA-3832 Required Form Other: ______________________________________________

2.8 Do you certify that neither your organization nor your principals are presently engaged in a boycott in the State of Israel?

Do you certify that neither your organization nor your principals will, during the term of the contract, engage in a boycott in the State of Israel?

4.2 Are you in the business of providing Holder Tractors and has your company or its principals done so for the past 5 years?

4.3 Are you an original manufacturer, authorized distributor, or dealer authorized by Manufacturer.

4.4 Will you provide references upon request? (see DOA Form 3832)

4.5 Do you certify that neither your organization nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency?

5.1.1 Do you agree to firm prices as stated?

5.1.2 Do you agree with process and timeframe identified for accepting price increases?

5.2 Are you bidding all prices F.O.B. Destination, delivery charges and risk of loss borne by the Contractor?

5.4 Can you meet delivery requirement?

If not, state delivery time __________ days After Receipt of Order (ARO).

Will you notify ordering department of backorders, discontinuation, or delays as stated?

5.5 Do you agree with return policy? If not, state your return policy in detail.

5.10 Do you agree to extending the contract to other:

University of Wisconsin System campuses?

State of Wisconsin Agencies?

Wisconsin Municipalities?

If YES, indicate whether other charges will be added and what those charges would be: ___________________________________________________

6.2 Will you honor manufacturer standard warranty?

If YES, have you enclosed standard warranty documents?

Warranty term: __________________

6.3 Are you able to provide the University with items on this bid in the event of a major catastrophic emergency?

8 Attachment B – Cost Sheet

SEE ATTACHMENT

9 ATTACHMENT F – STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The University shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal.

2.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. 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.

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

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

5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

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

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

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

6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

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

8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by University. No other purchase orders are authorized.

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

9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.

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

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

Excess costs shall include the administrative costs.

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

13.0 APPLICABLE LAW AND COMPLIANCE: This Agreement shall be construed under the laws of the State of Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

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

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University.

16.0 DISPUTES: Disputes should be addressed to the University Purchasing Office, Director of Purchasing Services, 432 N. Lake Street, Rm. 501, Madison, WI 53706-1498.

17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:

17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s.51.01(5), Wisconsin Statutes, sexual orientation as defined in s.111.32(13m) Wis.

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

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

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

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

17.5 To the extent required by law, 41 CFR 60-1.4(a) and (b) are incorporated by reference in these Standard Terms and Conditions. Additionally, the Contractor certifies compliance with 41 CFR 60-1.8 and does not and will not maintain any facilities provided for employees in a segregated manner. The Contractor further agrees to obtain identical certifications from any subcontractors prior to the award of a subcontract exceeding $25,000 which is not exempt and will retain such certification for audit purposes.

17.6 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.

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

19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the University must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards.

20.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s).

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

22.0 INSURANCE RESPONSIBILITY: The Contractor performing services to the University shall:

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

22.2 Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which might occur in carrying out this agreement/contract.