Executed Contract w SBOP Dir signature.pdf

CONTRACT #505ENT-M15-BSIOFFURN-01

BUREAU OF CORRECTIONAL ENTERPRISES

STATEWIDE OFFICE FURNITURE CONTRACT

1.1 CONTRACT SCOPE

This mandatory statewide contract with The Bureau of Correctional Enterprises BCE allows for the procurement of office furniture as outlined in Wisconsin Statute, 16.75 (3t)(c).

Wisconsin Statute 16.75 (3t)(c) defines state agency/campus requirements to purchase materials, supplies, equipment, or contractual services from prison industries when the Bureau of Correctional Enterprises (BCE) is able to provide comparable products at comparable prices. When using mandatory contract 505ENT-M15-BSIOFFURN-01 for the purchase of office furniture, each agency/campus must first offer BCE the opportunity to meet their needs by requesting a standard quote, or formal project bid. If BCE determines it cannot meet the agency/campus furniture specifications at comparable prices, then BCE will issue the requesting agency/campus a waiver to purchase some or all of the project from another vendor. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1).

The intention of Wis. Stats. 16.75 (3t)(c) is that the Bureau of Correctional Enterprises will be offered the opportunity to supply equipment it produces, before agencies/campuses may purchase elsewhere. State Bureau of Procurement (SBOP) contracts, issued to the Bureau of Correctional Enterprises, fulfill the intention of this statute.

This contract will be utilized by State agencies and University of Wisconsin (UW) campuses. In addition, the Contract may be utilized by federal and local government agencies and cooperative purchasing groups (e.g. school districts, tribal governments), and other States and their respective governmental units. Restrictions on the sale of individual product lines may apply.

The definition of Office Furniture is generic in nature and is further defined in the sub-categories provided below. The State’s definition of Office Furniture is “commercial furniture which is designed and manufactured for commercial installations, as in offices, waiting areas or lobbies, and consists of objects that are moveable, ergonomic and intended to support the various activities that occur in an office setting.” Items such as systems furniture, cubicle walls, cubicle wall mounted cabinets and shelving, freestanding desks and tables, storage, filing, and case-good units, seating and the associated accessories that are used in the modern office are considered office furniture for the purpose of this contract.

Systems Furniture and Accessories: Systems furniture, including monolithic and frame and tile, is a general term for panels, work surfaces, shelves and other items sold by a single manufacturer as a package for furnishing offices. Cubicles and open work environments are the items most often associated with systems furniture, but other open plan arrangements such as office landscape are included.

Seating: The seating category includes executive, task/ergonomic, guest/side, reception/lounge, conference room, stackable/foldable and stools.

Desks/Tables: A desk/table is a freestanding unit having a work surface that is supported by legs or pedestals. In some instances, the unit will have drawers, doors or other storage elements. Free standing desks, adjustable tables, conference room tables, small office tables, side tables and dining tables are included in this category.

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Filing, Metal Storage, and Wood Case-Goods: The filing, metal storage, and wood case-goods category includes but is not limited to: bookcases, wardrobes, cabinets, free standing and mobile pedestals and wall mounted shelving. This category does not include shelving units that are attached to system furniture cubicle walls.

Design Services: Design Services include but are not limited to; space planning, installation plans, furniture migration strategies, assistance with furniture selection, interior office design and computerized installation drawings. See attached BCE Systems Reconfiguration Services Memo and Panel Systems Reconfiguration Agreement Form for detailed information regarding BCE panel systems reconfiguration services.

Installation Services: Installation Services include all labor required to disassemble, assemble, deliver, set-up, install and otherwise finish an office installation or remodel project.

Custom Made Desks, Credenzas, and Matching Bookshelves (Metal and Wood): Custom made office furniture, including executive desks, secretarial desks, credenzas and bookshelves.

BCE will assess each custom product request on a case-by-case basis to determine BCE’s ability to design and construct each custom product while maintaining the standards listed in 1.1.1, and in a cost effective manner to BCE and its Authorized Users.

1.1.1 BCE shall, for the length of the contract, maintain SCS certification (Certified Indoor Air Quality) for the products sold under the contract. BCE is also encouraged to offer a variety of ANSI/BIFMA e3-2010, level™ certified furnishings. See Section 6.5 (Value Added Capabilities) for more information.

1.1.1.1 For all certified standard products provided, BCE must provide documentation of certification upon request.

1.2 OVERVIEW OF PROCURING AGENCY

The Department of Administration (DOA), State Bureau of Procurement (SBOP) performs administrative and executive functions for the State of Wisconsin. SBOP will administer this Contract. BCE will work directly with Authorized Users to resolve any problems or issues related to the purchase of product such as ordering, delivery or returns.

Any problems that cannot be resolved between the Authorized User and BCE will be referred to the DOA Contract Manager. The DOA Contract Manager will inform BCE in writing of the unresolved issues and BCE will respond with proposed corrective actions. Either SBOP or the BCE may request meetings to request unresolved Contract issues.

1.3 DEFINITIONS

ANSI – a source for standards and conformity assessments by the American National Standards Institute.

ARO – means “after receipt of order.”

ASTM – American Society for Testing and Material that develops international standards for materials, products, systems and services used in construction, manufacturing and transportation.

Authorized User - means any State agency, board, commission, UW-campus or cooperative purchasing entity (e.g. municipality).

Average Order Time – is a measurement of the length of time it takes to fulfill the order once a complete and final order is received by the contractor.

BIFMA – means the Business and Institutional Furniture Manufacturer’s Association

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BCE – Bureau of Correctional Enterprises SBOP- State Bureau of Procurement Business Days – Monday through Friday 7:45 a.m. to 4:30 p.m., CDT, except for holidays observed by the State of Wisconsin.

California Technical Bulletin 117 – Requirements, Test Procedure and Apparatus for Testing the Flame Retardance of Resilient Filling Materials Used in Upholstered Furniture, March 2000 edition, also known as TB 117 or CAL 117.

Catalog – The term used to describe the bidder’s full product offering that the bidder is willing to provide to Authorized Users.

Contract - The written agreement between the State and BCE that covers the delivery of work to be performed.

Cooperative Purchasing - Wisconsin Statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from State contracts. A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult educational district, or other public body having the authority to award public contracts (s. 16.70(8), Wis. Stat.). 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.

CST -Central Standard Time Customer’s Own Material (COM) : A material covering for a seating product that is outside of the manufacturer’s standard fabric and must be supplies by a third party. Where an option, COM must be specified by the end user and procured and tested by the manufacturer. The cost of the COM may be incorporated into the sell price of the chair but no other charges for use of COMs will be charged (e.g. service charge to test, procure, quote, etc.).

Department - Department of Administration DOA - Department of Administration Delivered and Installed – BCE will deliver and install, set furniture in place, ready for use.

Packing and debris will be removed by the vendor and completely removed from the premises.

Dock Delivery – Delivery will be made by common carrier or vendor truck, with unloading to be performed by the carrier/vendor. Carton(s) will be deposited inside dock of the agency facility or transported to the interior/ground floor. Installation is the responsibility of the customer.

End User – refers to an individual employee of an Authorized User who is using the Contract.

Ergonomic – the science of designing furniture to fit the user and optimize human well-being and overall office furniture performance.

Fill Rate – for the purposes of this Contract, means the percent of ordered items, per order, that are completely delivered in one shipment.

F.O.B. – Free on Board Full Catalog – includes all products that are available in the categories of Office Furniture as described in Section 1.3 Scope.

List Price – means the price which the manufacturer recommends that the retailer sell the product.

Also known as MSRP.

SDS – Safety Data Sheet MSRP – Manufacturer’s Suggested Retail Price is the price a manufacturer recommends that the retailer sell the product. Also known as List Price.

NFPA 260 – National First Protection Association – flammability requirements for textiles.

OEM – Original Equipment Manufacturer (of Office Furniture) Office Furniture – commercial furniture which is designed and manufactured for commercial installations, as in offices, waiting areas or lobbies and consists of objects that are moveable, ergonomic and intended to support the various activities that occur in an office setting. Items such as systems furniture, cubicle walls, cubicle wall mounted cabinets and shelving, freestanding desks and tables, storage, filing and case-good units, seating and the associated accessories that are used in the modern office.

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P-Card - State of Wisconsin purchasing charge card.

Primary – manufacturer’s product line that most closely matches that specified office furniture category’s respective cost sheet and meets all mandatory minimum technical requirements for that category.

RFB – Request for Bid SCS - Scientific Certification Systems, Inc. a third party environmental, sustainability and food certification, auditing, testing and standards development entity that certifies that products meet certain standards.

State – State of Wisconsin Typical – refers to the prototypical drawing and list of components for each group which is used to equally compare products amongst bidders.

UL – Underwriters Laboratories UW- University of Wisconsin Volume Discount – a percentage discount offered by the seller to the buyer for purchasing a stated dollar amount of furniture products to be delivered at one time or over a specified period.

1.4 CONTRACT LENGTH

The contract term shall be in accordance with Wis. Stat. 16.75 (3t)(c) BCE’s contract will be negotiated/renewed on an annual basis.

The parties agree to meet annually, to negotiate the modification of any terms or conditions which may be of concern to either party. If a concern over a term or condition of the contract arises prior to the regularly scheduled meeting, the parties shall schedule a special meeting and negotiate in good faith over a modification of that term or condition.

If during the course of the contract term, Wisconsin Statute 16.75 (3t)(c) is amended to eliminate the mandatory element, this contract will automatically convert to a convenience use contract after 60 days, unless otherwise stipulated by the legislature.

1.5 CONTRACT PURCHASING PROCESS GUIDELINES

All State agencies and University of Wisconsin (UW) campuses must purchase from this contract, unless a waiver is obtained from BCE. In addition, the Contract may be utilized by cooperative purchasing groups (e.g. tribal governments), and other States and their respective governmental units.

All Contract price quotes shall be provided by BCE must include all Contract Discounts, delivery and installation costs if applicable.

Regardless of the estimated project cost, the Authorized User must first confirm with the Bureau of Correctional Enterprises (BCE) that it cannot meet the specifications of the project.

Authorized Users must obtain a DOC-2719 Furniture Waiver Form from BCE if it is found that BCE cannot meet the specifications of the project.

1.5.1 BCE has released Facility Procedure #:900.20.08 which is the standard procedure for the processing of Mandatory Waiver Requests for office furniture. Agencies and Campuses are required to utilize DOC form DOC-2719 Mandatory Waiver Request for WI DOA Furniture Contract 505ENT-M20-OFFURNITUR-00. The form is e-mailed to BCEfurniturewaiver@wisconsin.gov. Agencies and campuses will need to provide to

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BCE the price quote(s) from competition if it is found that a BCE waiver is justified.

This relevant information helps ensure the integrity of WI statute 16.75 (3t)(c). BCE will review the form and respond back to the customer within five (5) business days from time of receipt.

1.5.2 BCE will maintain an electronic Office Furniture Waiver Log which will contain:

• Waiver Request Number

• Date of Request

• Agency, Campus or Work Unit Name

• Contact Name

• Description of product

• Estimated dollar value

• Waiver Granted (Y/N)

• Date of Waiver response

Where quotes are requested, the quote from BCE must be considered for award with any additional quote(s).

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1.6 ON-SITE DEMONSTRATION

An on-site demonstration of any product may be required to ensure that the products meet all requirements as specified by the State. This demonstration is to be without expense or obligation to the State. The State will not be liable for any loss or damage. If requested, the demonstration must occur within 10 business days, or as agreed upon with the Authorized User.

1.7 CANCELLATION AND TERMINATION

This contract may be cancelled with 90 day written notice by either party, at any time by mutual agreement.

1.8 F.O.B. DESTINATION FREIGHT PREPAID AND ALLOWED

Authorized User delivery locations are located throughout the State of Wisconsin. Prices must include all packing, packaging, freight, and insurance charges.

BCE is responsible for filing and expediting all applicable freight claims with the carrier.

1.9 PRODUCTS DELIVERED AND INSTALLED

Products are dock delivered and customers may purchase installation services.

Prices will show a list price less discount, a line for 5% for delivery services and a line for 8% for installation services.

ON SITE SERVICE

In carrying out the Contract, BCE may be requested to provide services on State property. These services may include, but are not limited to meetings with end users and site inspections for the purpose of complying with project specifications.

BCE’s pricing includes charges related to the provision of these services, including but not limited to transportation and insurance charges. BCE will work with customers to define the scope or frequency with these services.

2.0 TECHNICAL REQUIREMENTS

All requirements in this section are minimum product specifications.

2.1 GENERAL TECHNICAL REQUIREMENTS

2.1.1 All products shall be manufacturer’s current production products, from the Standard BCE Pricelist, or “Special order” from a BCE Supplier, and/or be manufactured as a customized (“custom”) product.

2.1.2 Standard product is product that is offered for sale through a BCE Catalog or Pricelist.

Special Order is defined as a non-standard product that is obtained from a vendor or supplier, or a modification to a standard product. Custom product is defined as designed or manufactured for an individual customer, or to an individual customer’s specification.

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2.2 PRODUCT SPECIFICATIONS

Product specifications/requirements for all categories are provided in the sections that follow and are considered minimum requirements.

2.2.1 Systems Furniture and Accessories Specifications

2.2.1.1 ASTM E84 (equivalent to UL 723 and National Fire Protection Association NFPA 255) is the test method used to determine the Flame Spread and Smoke Developed Indices of the system, consisting of the core substrate, fabric covering, and adhesive.

NFPA 101, for Life Safety Code, defines acceptable Flame Spread and Smoke Developed Indices that have been adopted by the federal and many state or local governments as law in the form of building codes and regulations. Panel cores have been judged acceptable for the use with UL Recognized Component Office Panel Fabrics.

2.2.2 Seating Specifications

2.2.2.1 California Technical Bulletin 117. All seating products sold by BCE meet or exceed the standards set forth in California Technical Bulletin 117 and are labeled accordingly.

2.2.2.2 California Technical Bulletin 133. BCE offers numerous products that can be manufactured to meet the flammability requirements set forth in California Technical Bulletin 133. For products to meet the requirements of the open-flame test, changes in materials are made. Restrictions are placed on fabric selections and product type.

2.3 PRODUCT LINE ADDITIONS AND UPDATES

During the term of the contract, BCE may update a request to update product offerings as products are introduced or removed from the market.

3.0 PERFORMANCE REQUIREMENTS

All requirements in this section are minimum.

3.1 GENERAL PERFORMANCE REQUIREMENTS

3.1.1 All products must be capable of performing at an effectiveness level in accordance with manufacturer’s specifications, advertised data sheets and technical publications.

3.1.2 Authorized Users reserve the right to request meetings with BCE to discuss performance issues.

3.2 DESIGN SERVICES

The following requirements are written to reflect open plan office panel systems, but are to be incorporated for other types of furniture, as applicable.

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3.2.1 BCE shall provide design, reconfiguration and layout services (initial plus two revisions) at no cost to the State. If additional design/layout services are required above and beyond the initial plus two, BCE must contact the designated authorized user and submit proposed design fees for approval prior to performing the additional services at a rate of $120 per hour.

3.2.2 Fabric, paint and finishes shall be available upon request.

3.2.3 BCE and customers shall work together to use accurate facility dimensions in fulfilling specifications of orders.

3.2.4 BCE shall design and provide an installation plan. The Authorized User shall approve, in writing, the final plan.

3.2.5 BCE shall be responsible for all plans and its review for correct product application and stability and shall notify the Authorized User immediately of any deviations or inconsistencies with product capabilities, including unusual assembly requirements.

3.2.6 Customer owned material (COM) is defined as materials or parts that are existing with the Authorized User’s inventory to be used for a project. For the list of items that are NOT currently in the Authorized User’s inventory, BCE will provide those parts within the formal project quote process, thus, making the necessary project materials whole.

3.3 DELIVERY, RECEIVING AND INSTALLATION SERVICES REQUIREMENTS

3.3.1 BCE must acknowledge receipt of order and confirm the estimated delivery and installation date(s) of all products with the Authorized User within five (5) working days after receipt of order.

3.3.1.1 Delivery and installation dates must be to reduce the likelihood of unnecessary interruption of ongoing Authorized Users activities (e.g. campus classes, conferences and meetings).

3.3.2 BCE must provide the Authorized User with at least forty-eight (48) hours’ notice of pending delivery and installation.

3.3.2.1 BCE must make its presence known to the Authorized User’s building contact or ordering end user.

3.3.2.2 For each day BCE installation staff are present BCE must notify the building contact or Authorized User of the time the installation staff is expected to arrive and depart.

3.3.3 BCE is responsible for filing and expediting all freight claims with carriers. BCE shall pay title and risk of loss or damage charges.

3.3.3.1 Authorized Users reserve the right to inspect each product up to five (5) working days after receipt or at a later date as agreed upon between the Authorized User and BCE. If concealed damage is apparent within the five working days, the filing of all freight claims will be the responsibility of BCE.

3.3.4 Authorized Users are not required to accept late deliveries, which are delivery attempts made more than 30 minutes beyond the end of the scheduled delivery window.

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3.3.4.1 Authorized Users will make the final determination of whether or not to accept late deliveries. BCE shall not assess the Authorized User any redelivery or storage fees for any late or otherwise unsuccessful delivery attempt that was the result of BCE error.

3.3.4.2 Additional logistic charges that may occur as a result of a BCE error must be free of charge.

3.3.4.3 No additional fees or charges may be added, or discounts lost, for any rush or expedited orders that are a result of a BCE error.

3.3.4.4 Rush fees or reduction of discount can be applied if Authorized User requires delivery in less than normal lead-times of BCE.

3.3.5 Back orders cannot be cancelled without prior approval of the Authorized User.

3.3.5.1 In the event of a product back order, BCE will offer an alternate product to the Authorized User.

3.3.5.2 Authorized Users reserve the right to cancel an order if the alternative product(s) is not acceptable.

3.3.5.3 Product substitutions shall not be made without the advance approval of the Authorized User.

3.3.6 All products must be shipped and packaged in accordance with standard, commercially acceptable methods.

3.3.7 For all orders, a clearly visible product packing label/slip must be affixed.

3.3.7.1 The label must be affixed in a manner that does not cause product damage.

3.3.8 When receiving products, Authorized Users reserve the right to inspect each product up to five (5) working days after receipt or at a later date as agreed upon between the Authorized User and BCE.

3.3.8.1 The acceptance of delivery with or without objection shall not waive the right to claim damage for breach nor constitute a waiver of requirements for timely delivery or performance of any actions that shall remain the obligation of BCE.

3.3.8.2 Receiving and inspection procedures include but are not limited to the following:

• Noting any count discrepancies and visible damage on the delivery receipt; BCE shall initial any such notations.

• Adjust delivery tickets to compensate for deviations.

• Refuse all or part of a delivery and note the reason for refusal if products are found to be in unacceptable condition; BCE shall initial any such notations.

• Sign BCE’s delivery receipt and retain a copy for their records if

1) the shipment is proper and/or 2) all discrepancies are properly noted and initialed.

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3.3.9 BCE must allow adequate time at the point of delivery for receiving and inspection procedures to promptly occur.

3.3.10 BCE offers its Authorized Users standard delivery service, which means that the driver will unload and carry the product through the threshold of a street level door, at the address specified on the order acknowledgment, and place it at a location immediately adjacent to that door.

3.3.10.1 At additional cost, the Authorized User can select installation service and the product will also be moved to a location in the building as specified by the Authorized User.

3.3.10.2 If for any reason the Authorized User fails to accept delivery of the product at the address, date and time specified, if BCE is unable to deliver the product because the Authorized User has not provided appropriate instructions, the building is not accessible, or any other restriction(s) exists that prevents the delivery or installation of the product, then BCE may return the goods to its warehouse for storage until the Authorized User can make arrangements with BCE for a new date and time for delivery and/or installation.

3.3.10.2.1 If Authorized User cannot accept the delivery within 30-days of original due date, storage fees will be applied, and charged every 30-days until the Authorized User can accept the delivery and/or install.

3.3.10.3 If BCE is unable to deliver or install the product for any reason stated in paragraph 3.3.12, Authorized User shall be liable for any and all costs and expenses related to the originally scheduled delivery attempt, for the transportation and storage of any undeliverable product returned to the warehouse due to the unsuccessful delivery attempt, and for the redelivery of the goods to the Authorized User.

3.3.11 Unless otherwise agreed between BCE and Authorized User, the Authorized User is responsible for ensuring that BCE has unfettered access to any space required to complete any installation specified on the sales order or acknowledgment.

3.3.11.1 Any space required by BCE staff to complete the specified installation must be clear of all obstacles or debris, have existing furniture moved or relocated, have any remodeling or other construction complete, and in all other ways be ready for BCE installers to begin the product installation as scheduled.

3.3.11.2 If BCE installers are unable to gain access to any space required for installation then the product will be returned for storage and the installation rescheduled at the Authorized User’s expense.

3.3.12 For orders that specify a third party to receive and inspect deliveries and/or installations, acceptance and inspection procedures must be performed by the third party and shall be considered the Authorized User.

3.3.13 For dock delivery only, products will be signed off by Authorized User as received upon delivery.

3.3.14 For delivery and installation, products will be signed off by Authorized User to confirm installation is complete.

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3.3.14.1 When delivery of product arrives at Authorized User’s location prior to the installation date, products will be signed off by Authorized User as received upon delivery, and signed off again as accepted when installation is complete.

3.3.15 All products must be shipped in a manner which will enable the receiving person (s) to inspect the shipment against the packing slip.

3.3.16 The State reserves the right to complete a punch list at completion of the delivery and/or installation.

3.3.17 Shipments that do not comply with delivery requirements, including but not limited to location and packaging requirements, may be rejected.

3.3.18 Authorized Users must provide BCE with advance notice (5 working days before scheduled delivery date) if unable to accept a delivery as scheduled.

3.3.18.1 With advance notice, products shall be stored at no charge at BCE’s warehouse for a maximum of thirty (30) calendar days unless otherwise agreed upon between the Authorized User and BCE. For storage required as the result of an unsuccessful delivery attempt by BCE charges shall be assessed for all days product is in storage.

3.3.18.2 A storage rate of $30.00 per pallet (subject to change by BCE) shall apply, per full or pro-rated month. No charges for storage shall be assessed without written notification to the Authorized User.

3.3.19 At the point of delivery and installation, BCE must provide all available instruction manuals and give minimal direction on set up or operation of the products upon request. This does not apply to drop ship products.

3.3.20 For installations that require deliveries to BCE at the Authorized User’s location, BCE is responsible for all materials received and accepted by having a representative present to properly receive all deliveries. This does not apply to drop ship products.

3.3.21 BCE shall regularly clean up and remove all non-hazardous debris from the installation site..

3.3.21.1 If debris is determined to be hazardous waste, BCE must contact Authorized User’s designated contact and/or safety department for proper hazardous waste disposal procedures.

3.3.22 BCE shall restore all Authorized User installation sites to the original condition.

3.3.22.1 BCE shall take precautions during the installation of any product not to damage the premises or the property of the purchasing entity. If damages occur as a result of delivery and installation , BCE is responsible for ensuring that the affected area/item(s) are returned/restored to their original condition (e.g. wall patching and painting) or BCE shall make restitution, as agreed upon by the parties.

3.3.23 Upon completion of the installation, BCE shall remove all tools, excess material and equipment from the site.

3.3.24 Upon completion of the installation, BCE must notify the building contact or Authorized user of the job completion and that they are vacating the premises.

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3.3.25 When installation services are purchased, BCE shall be fully responsible for the assembly of the product. Installed items must be fully assembled and ready for use within the agreed upon time frame of the authorized user.

3.3.25.1 BCE shall be fully responsible for the assembly team and the supervision of the team.

3.3.25.2 It is the responsibility of the Authorized User to have any existing furniture removed and to have the space ready for BCE installers.

3.4 AUTHORIZED USER-SPECIFIC REQUIREMENTS

3.4.1 BCE must comply with security, safety and installation requirements of any Authorized User at no additional cost.

3.4.1.1 Authorized Users are responsible for notifying BCE of l security requirements prior to or while placing their first order.

3.4.1.2 Authorized Users are responsible for informing BCE any known security protocols prior to any meetings, deliveries and/or installations.

3.4.1.3 Execution of this contract requires access/entrance to secure areas operated by the Department of Transportation (DOT), Department of Corrections (DOC), UW-Systems as well as secure treatment facilities operated by the Department of Health Services (DHS). BCE must confirm with Authorized User all security requirements. General information regarding access to secure facilities can be found in Section 7.2 Access to Secure Facilities.

3.4.2 For installations in environmentally sensitive areas (e.g. campus research facilities), BCE must follow all safety protocols.

3.4.2.1 Authorized Users are responsible for informing BCE of known safety protocols for sensitive areas prior to any meetings, deliveries and/or installations.

3.4.3 All delivery vehicles are subject to all parking policies of the Authorized User location.

3.4.3.1 Unauthorized vehicles parking in Authorized User’s lots or loading docks without permits will be ticketed and/or towed.

3.4.4 BCE must arrange for proper parking permits prior to arrival where required.

3.4.4.1 BCE shall not assess additional costs to the Authorized User for parking fees and violations incurred by BCE.

3.4.5 The use of tobacco products at State facilities is strictly prohibited.

3.4.5.1 Disregard for any facility’s policies concerning tobacco use could result in a fine and immediate expulsion of the employee or contractor from the facility.

3.5 CONTRACTOR REQUIREMENTS

3.5.1 Contractors must abide by all terms and conditions under this Contract. Including but not limited to Affirmative Action Contract Compliance reporting.

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4.0 GENERAL SUPPORT AND CUSTOMER SERVICE REQUIREMENTS

4.1 All requirements in the section are mandatory and BCE must meet them. The following requirements must be met at no additional cost to the State.

4.1.1 BCE will work with customers to provide on-site customer service(s) at the State’s request which include, but are not limited to, site inspections for a project and Authorized User meetings.

4.1.2 BCE will work to provide and/or subcontract, throughout the entire state, the sale, delivery and servicing of products to all State, UW-Madison and UW Systems locations

4.1.3 BCE provides on its website contact information for furniture sales consultants to answer questions and resolve problems.

4.1.4 BCE provides customer service during normal business hours (7:45 am to 4:30 pm CST/CDT) to respond to customer inquiries.

4.2 ORDERING, INVOICING AND PAYMENT TERMS

4.2.1 Authorized Users can contact BCE to initiate orders using the following methods

• telephone

• e-mail

• fax

• Website

4.2.2 Authorized Users may pay BCE by check, State of Wisconsin purchasing charge card (P-Card) or other electronic payment.

4.2.3 Standard payment terms for Authorized Users are net thirty (30) days from the date of product delivery and/or installation acceptance or invoice receipt, whichever is later.

4.2.3.1 Payment will not be made without the receipt of an accurate and properly completed invoice.

4.2.4 Accurate invoices for all orders must be received within ten (10) days of agreed upon invoice receipt date, or within ten (10) days ARO if no receipt date is specified.

4.2.5 Invoices shall be made available to end users in hard copy or electronically upon request.

4.2.6 All invoices must be itemized and contain the following fields of information, at a minimum:

• Authorized User Name

• Authorized User Account Number

• Remit-to Address

• Address of Installation (if different)

• Purchase Order Number (where applicable)

• P-Card (where applicable; (Yes or No)

• Invoice Number

• Date of Order

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• Contractor’s (Manufacturer) Name

• Complete Product Description(s)

• Contractor’s (Manufacturer) Product Number

• List Price

• Quantity Shipped

• Discount Applied

• Extended Price

• Invoice Total

4.2.7 BCE shall not invoice service fees or additional costs to any Authorized Users during the term of the Contract unless approved by the DOA Contract Manager or otherwise agreed to by the Authorized User prior to order.

4.2.7.1 Additional costs/fees that are not allowed include but are not limited to the following:

• Delivery Location Fees

• Small order/ “minimum order” fees

• “Special Order” fees

• Purchasing Card (P-Card) related charges

• Return fees for inaccuracies or other error on the part of BCE

4.2.7.2 Design fees are negotiable with the Authorized User for reconfiguration projects, but must be agreed to in writing prior to the commencement of work.

4.2.8 All price quotes shall be valid for a period of sixty (60) days. After sixty (60) days a new price quote is required.

4.2.9 In the event of a price change between the date of order and the date of delivery and/or installation, BCE shall charge the lower price.

4.3 ORDER ACKNOWLEDGEMENTS, CHANGES AND CANCELLATIONS

4.3.1 Authorized Users shall be responsible for verifying that the order is correct within three

(3) business days of receipt of the BCE order confirmation. Authorized Users shall confirm that all colors, configurations, sizes, part numbers, pricing, delivery date, installation date, etc. is correct. Authorized Users shall contact BCE with any questions or clarifications prior to confirming the order.

4.3.2 Orders entered and acknowledged cannot be changed or cancelled without BCE’s consent.

4.3.3 Cancellations received within three (3) business days of initial order date may be cancelled without a cancellation fee.

4.3.4 Cancellations received after three (3) business days of initial order date will be charged a minimum cancellation fee of 30%.

4.3.5 All custom ordered products are non-returnable and non-refundable.

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4.4 PRODUCT WARRANTY

4.4.1 BCE Terms, Conditions, Rights and Warranties may change from time to time.

Purchases of products from BCE shall be subject to BCE supplier’s then current Terms, Conditions, Rights and Warranties.

4.4.1.1 BCE OEM Products - 10 year warranty

4.4.1.2 Foam, casters, slides, glides, task lighting - 1 year warranty

4.4.1.3 Fabrics, leather, mesh, upholstery, vinyl - 3 year warranty

4.4.1.4 Arm rest fabric and padding on all seating - 1 year warranty

4.4.1.5 Computer accessories - 1 year warranty

4.4.1.6 EXCLUSIONS – Warranty does not cover:

4.4.1.6.1 Failure resulting from normal wear and tear which is to be expected over the course of ownership.

4.4.1.6.2 Any misuse, abuse or modification of the original product voids the warranty.

4.4.1.6.3 Products that are exposed to extreme environmental conditions or that have been subject to improper storage.

4.4.1.6.4 Alterations to product not expressly authorized by BCE, nor to products considered to be of a consumable nature such as bulbs, light ballasts, and surge suppression products.

4.4.1.6.5 Customer Own Material (COM) including labor costs.

4.4.1.6.6 Natural variations in wood grain; changes in surface finishes, including colorfastness, due to aging or exposure to light; matching of color, grain or texture, except to within commercially acceptable standards.

4.4.2 BCE product warranty terms begin from the date the Authorized Users receive the product.

4.4.3 BCE agrees its products to be free from defect in materials and workmanship, given normal use and care. All product warranties are based on usage from a single 8-hour shift, per day, unless otherwise noted.

4.4.4 BCE products are not intended or warrantied for outdoor use unless specifically stated for outdoor use.

4.4.5 Products (including parts and components) that fail under normal use as a result of a defect in design, materials, workmanship, or installation shall be repaired or replaced free of charge (including labor, delivery and installation) throughout the warranty period.

4.4.6 Products that require warranty repair or replacement must be repaired or replaced within a time frame that is agreed upon, in writing, with the Authorized User.

4.5 RETURN REQUIREMENTS

4.5.1 Authorized Users shall coordinate returns with BCE.

4.5.2 Upon notification by the Authorized User of a duplicate shipment, over-shipment or shipment in poor condition, the products must be removed at BCE’s expense.

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4.5.2.1 Timeframe for removal shall be determined between the BCE and the Authorized User.

4.5.3 Credit for returned goods less a restocking fee of at least 30% shall be made within 30 days of the receipt of returned goods unless otherwise agreed upon between BCE and the Authorized User.

4.5.4 The State shall not be charged a re-stock fee for any returns for damaged product and/or BCE error.

4.5.5 In the event of product return, the State reserves the right to accept either a full refund for the returned product or a replacement of the product.

4.5.5.1 Within ten (10) calendar days of notification by the Authorized User, BCE shall make arrangements for the return.

4.5.5.2 BCE shall be liable for any damages to the product unless caused by fault or negligence of the Authorized User that occur during the return process.

4.5.6 For product returns due to Authorized User error, Authorized Users are responsible for all actual costs associated with the preparation of the product for shipping and all shipping costs to the nearest service location.

4.6 CATALOG AND PRODUCT LITERATURE REQUIREMENTS

4.6.1 BCE must provide a current manufacturer’s catalog at no additional cost, to Authorized Users upon request..

4.6.2 Upon request, BCE must provide product specific literature at no additional cost.

4.6.3 Upon request, BCE works to provide or demonstrate product samples (e.g. laminate, wood, finish, and fabric samples) such as a complete work station or private office to Authorized Users at no additional cost.

4.7 FORCE MAJEURE

4.7.1 The term “force majeure” means an occurrence that causes a delay beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include Acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences. For the purposes of this contract, it shall also include institution lockdowns.

4.7.2 If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure.

5.0 COST INFORMATION

5.1 The pricing model used for this contract is a percentage off the OEM’s MSRP.

5.2 The OEM’s published price list name, version (if applicable) and date must be provided to

DOA. DOA .

5.2.1 BCE must utilize the same price list, version and/or date, for manufacturers which are common to DOA and BCE.

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5.2.2 APPENDIX D: PRICE LISTS shall be maintained and reflect the price lists that are in effect. Revision to APPENDIX D will automatically update with the acceptance of a new price list by DOA.

5.3 Discount percent varies based upon the furniture category or service and is reflected in the table below.

Category/Service Pricing Note: BCE quotes will show delivery and installation costs as bottom line additions prior to totals. Delivery (5%) and installation (8%) costs are not shown on individual line items.

Systems Furniture and Accessories List price less 53% discount Seating List price less 53% discount Desks/Tables List price less 53% discount Filing, Metal Storage and Wood Case-Goods List price less 53% discount Computer Furniture and Accessories List price less 53% discount Custom Made Desks, Credenzas and Matching Bookshelves (Metal and Wood)

Contact BCE for quote for custom products.

Volume Discounts (i.e., 100 or more chairs, etc.)

can be negotiated on a case by case basis.

Contact BCE for discount information.

Design Services Included in the price of the product. Refer to

Section 3.2 Design Services. If additional design/layout services are required above and beyond the initial plus two, the rate shall not exceed $120 per hour.

Delivery Services 5% added to the net price

Installation Services Installation Services will be provided anywhere in the state at the cost of 8% added to the net price.

Quick Ship Products – BCE offers several products Which will offer expedited delivery.

Contact your BCE Sales Representative for information on available products.

Quick Ship products are subject to 5% upcharge

5.4 Discount percentages must remain fixed for the entire term of the Contract (i.e. initial term and all mutually agreed upon renewals).

5.5 BCE list prices will follow the contracted accepted list prices on file by vendors at DOA.

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In the event of a price increase, BCE must provide a signed notification letter on BCE letterhead, detailing the effective date of the increase, the amount of the increase, written justification for the increase and any additional information necessary to understand and fully implement the price change. At a minimum, the request should include details on the specific product line(s) impacted, the manufacturer and/or supplier and justification for the increase which explains the need for the increase. All notices must be justifiable and verifiable. Price increase should include a nationwide note of price adjustment to the published MSRP list.

Examples of acceptable justification includes, but is not limited to:

• Documented notices of price increase from BCE’s vendors or subcontractors for wood prices, plastic prices, new labor agreements.

• Documented notices of BCE specific price increases, i.e., changes in labor rates, utility rate increases, insurance cost increases etc.

Notification letters must be received by the DOA Contract Manager no less than thirty (30) calendar days prior to the suggested effective date of new pricing. The DOA Contract Manager must approve all price increases before they are effective for Contract orders. The State reserves the right to reject price increase requests.

Prices established may be lowered due to general market conditions.

6.0 VALUE ADDED CAPABILITIES

All specifications in this section are optional and reflect capabilities that are desirable to the State of Wisconsin. BCE is encouraged to meet these specifications and at no additional cost to the State.

6.1 Provide product demonstrations at the Authorized User’s request.

6.2 Maintain a website or electronic catalog that features an online ordering function and information on available products.

6.2.1 Website with online ordering functionality must honor all Contract pricing, exclusions, terms and conditions.

6.3 In an effort to reduce waste wherever feasible, minimize packaging materials except where doing so would cause product damage.

6.4 Incorporate delivery and packaging methods that utilize recyclable or reusable packaging material and containers except where doing so would cause product damage.

6.5 BCE is encouraged to have the ability to use Customer’s Own Material (COM) on upholstered and/or covered products.

6.6 Recycle debris or other excess materials (e.g. scrap, etc.) properly after an installation.

7.0 SPECIAL TERMS AND CONDITIONS

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7.1 PRIME CONTRACTOR(s)

BCE shall be responsible for contract performance when contractors are used. However, when the contractors are used, they must abide by all terms and conditions of the contract. If subcontractors are used, BCE must clearly explain their participation..

7.2 ACCESS TO SECURE FACILITIES

Execution of this contract requires access/entrance into secure facilities or secure areas operated by Department of Transportation (DOT) and Department of Corrections (DOC) as well as secure treatment facilities operated by the Department of Health Services (DHS).

In addition to the secure facilities identified above, BCE shall be required to adhere to any security policy/process which may be in place at any State office location. BCE shall contact a facility, prior to the start of any project, to obtain security instructions specific to that facility.

Common guidelines include but are not limited to:

• BCE and BCE’s employees and/or subcontractors must comply with the security requirements at each State of Wisconsin facility.

• BCE is responsible for communicating security restriction to all BCE employees and/or contractors.

• Identification: All BCE employees and contractors, while working on State property, are required to carry or display acceptable identification. Requirements vary by Agency.

Some facilities require visible photo identification in the form of a badge, while some correctional facilities may require a valid driver’s license or official state identification card.

• Vehicle Security: All BCE and contractor vehicles must be locked when the vehicle is unattended. All vehicles shall park in the designated/assigned area.

• Patient/inmate Contact: Fraternization with inmates and patients is prohibited. In the event of contact, contractor(s)must report any contact to the Agency before leaving the site. Nothing is to be given to or received from inmates or patients for removal or transport from secure facilities.

• Use of Tobacco Products: BCE employees and contractors must refrain from using tobacco products while providing services on-site. Disregard of the facilities’ policies concerning tobacco use could result in a fine and immediate expulsion of the contractor(s) off the State’s property.

• Background Checks: BCE contractors may be required to submit to a Criminal Background Check, successfully completed prior to arrival.

• Contraband: Although specific policies vary somewhat between facilities, contraband items are prohibited on the person. Items may be left at security, however, illegal items will not be returned. Contraband items include, but are not limited to:

• drugs

• tobacco products

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• cell phones, , pagers, cameras, video…