Extinguisher Bid-EG-209177.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:

https://meet.uwec.edu/gillenef/6H6SD3YR?sl=1 Join by phone:

715-598-5038,,4738027# (UWEC)

Conference ID: 4738027

AGENT: Elizabeth Gillen

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: EG-209177

ISSUE DATE: 04/10/2020

DUE DATE: 04/24/2020

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.

Fire Extinguisher Maintenance and Replacement

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/6H6SD3YR?sl=1

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 Experience

4.2 Client List / References

4.3 Minimum Order

4.4 Debarment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

5.2 F.O.B

5.3 Additional Items/Services

5.4 Invoicing Requirements

5.5 Payment Terms

5.6 Insurance

5.7 Subcontracting

5.8 Contract Termination

5.9 Other Eligible Purchasers

5.10 Entire Contract

5.11 Travel Per Diems

6 SPECIFICATIONS

6.1 Warranty

6.2 Contracting With Other Vendor

6.3 Employee Identification

7 ATTACHMENT A – BIDDER RESPONSE SHEET

8 ATTACHMENT E – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO:

Elizabeth Gillen at gillenef@uwec.edu mailto:gillenef@uwec.edu

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 Request for Bid Form, filled out and appropriately date/time stamped by 2:00pm on the stated bid due date.

2. Bidder Response Sheet (including attachments as requested on Bidder Response Sheet) (Attachment A)

3. Cost Sheet

4. DOA-3823 Required Form

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin Eau Claire, hereinafter referred to as the "University", through its Purchasing Department, hereinafter referred to as "Purchasing," on behalf of Facilities Management referred to as "Facilities," requests bids to provide service and certification for fire extinguishers located on the UW-Eau Claire Campus.

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 Itemized Bid List, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.2 Scope

The University of Wisconsin Eau Claire, Department of Facilities Management requests Bids for the all services related to the certification of fire extinguishers and fire safety equipment including the maintenance, repair, and purchase of parts and new equipment. New equipment shall be Kiddie brand or equivalent.

See Specifications, Cost Sheet, and Extinguisher Summary for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. 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.

Campus Contact means Construction Project Manager or who they designate for specific areas of campus. Full contact information can be found in section 5.3.

Contractor means successful Bidder awarded the bid.

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

Department means University Department of Facilities Management.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Office in the Division of 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.

https://esupplier.wi.gov/

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 Construction Project Manager, Andrew Nord, 715-836-2211, nordar@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.

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 http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program 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 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.

AGENT:

http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program http://dva.state.wi.us/

Elizabeth Gillen UW-Eau Claire Facilities Procurement

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) and publicnotices.wi.gov.

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

3.2 Applicable Dates

Date

Wednesday April 10, 2020

Wednesday April 15, 2020 - close of business (5:00pm)

Monday April 17, 2020 - close of business (5:00pm)

Monday April 24, 2020 -- 2:00 PM CST/CDT

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 May 1, 2020 or date of award, through April 30, 2021 or one year after date of award. This contract will be annually renewed for 4 additional one-year terms by the Agent. Contract end date will be April 30, 2025 or five years after date of award.

3.4 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on the attached Section 4: Designation of Proprietary and Confidential Information (Form DOA-3823). Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award.

Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). Pricing information cannot be kept confidential.

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, 715-836- 3529, gillenef@uwec.edu to make a reasonable accommodation request.

3.6 Method of Bid

The Bidder shall submit a price and, if applicable, an extended net total for each item specified. Prices shall be in U.S. dollars unless otherwise indicated.

For non-listed, related items, Bidder shall submit a discount from current manufacturer's published price list. Bidder must identify by title and date which price list is being used. Discounts bid must be rounded to whole numbers, (e.g., 54% or 48%, NOT 54.2% or 48.1%) from the price list.

The price total for all of the lots combined will determine the lowest bidder. In the event of errors in calculation, unit price shall prevail.

3.7 Method of Award

3.7.1 The Bid award will be made on the basis of the lowest extended net lot total from a responsive, responsible Bidders. Prices Bid shall be in US dollars unless otherwise indicated. Bids that require a specific quantity or amount will be disqualified.

Labor rate per hour for services not listed will not be considered in the award unless there are tied bids but will be used for any future order.

Discounts offered against non-listed items will not be considered in the award unless there are tied bids but will be used for any future orders.

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 Experience

The Bidder (company or its principals) must be in the business of providing fire equipment materials and repair and must have done so for the past ten (10) years.

4.2 Client List / References

Bidder must supply 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.

4.3 Minimum Order

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

4.4 Debarment

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

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

Price increase requests proposed after the initial Contract term, along with an updated Price List, must be received by Purchasing in writing 60 calendar days prior to the beginning of the next contract term for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted with the request. If Purchasing deems cost increases are not acceptable, it reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. An acceptance of the price list change will be in the form of an amendment to the contract.

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

5.2 F.O.B.

Deliveries shall be FOB Destination and Installed. Delivery and installation charges and risk of loss shall be borne by the Contractor.

Items are to be installed at locations designated by Andrew Nord. Bid prices must include all packing, freight, insurance, set-up, instruction and operation manual charges, excluding any import/export costs. Items must be set in place connected to utilities as applicable, installed in the area designated by University personnel, demonstrated to be in operating condition, and approved by University personnel. All debris must be removed from the University premises and properly disposed of by the Contractor. Upon installation, all operating instructions and operating and maintenance manuals must be furnished to University personnel as identified.

5.3 Additional Items/Services

5.3.1 Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing Services and the Contractor. UW-Eau Claire reserves the right to purchase all similar items and services in the Contractor’s product line. Contractor shall provide like items at the same Contract pricing as stated in Cost Sheet.

5.3.2 A service schedule will be sent to the Campus Contact, Construction Project Manager, Andrew Nord, nordar@uwec.edu, 715-836-2211, prior to the start date of May 1, 2020, for approval.

Service inspections will begin on May 1, 2020 or when the service schedule and work start date has been approved by the Construction Project Manager.

https://www.sam.gov/portal/public/SAM/ https://acquisition.gov/far/index.html mailto:nordar@uwec.edu

Residence halls may be required to be inspected during the summer months, according to UW-Eau Claire’s academic calendar.

5.4 Invoicing Requirements

5.5.1 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 ACTPAY50@UWEC.EDU unless the customer identifies and establishes a different bill-to location.

5.5.2 Purchasing Card:

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

5.5 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.

5.6 Insurance

The Contractor shall maintain insurance levels as required in Standard Terms and Conditions, Section 22.0. A certificate of insurance must be provided upon award, and on an annual basis throughout the term of the Contract.

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

5.7 Subcontracting

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

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

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

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

5.8 Contract Termination

5.9.1 The University may terminate the Contract at any time, without cause, by providing 60 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.

5.9.2 Shall either party fail to perform under the terms of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within 60 calendar days. Should the defaulting party fail to remedy the same within said period, the other party shall then have the right to terminate this Contract immediately. Performance failure can be defined as but not limited to: failure to provide any of the Terms, Conditions or Specifications.

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

5.9.4 Failure to maintain the required Certificates of Insurance, Permits and Licenses shall be cause for Contract termination. If the Contractor fails to maintain and keep in force the insurance as provided in Standard Terms and Conditions, Section 22.0, the University has the right to cancel and terminate the Contract without notice.

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

5.9.6 All notices of performance failure must be submitted in writing to Purchasing, PO BOX 5008, Eau Claire, WI 54702. Purchasing shall be final authority for all performance failure determinations not resolved through the ordering department.

5.9 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.

5.10 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-209177, dated April 10, 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.

5.11 Travel Per Diems

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

6 SPECIFICATIONS

SEE COST SHEET AND EXTINGUISHER SUMMARY FOR ADDITIONAL SPECIFICATIONS

6.0.1 All services provided shall be in compliance with the mandates of the latest edition of NFPA number 10.

6.0.2 The contractor will service and recharge discharged extinguishers belonging to the University.

When the Campus Contact becomes aware of the discharged extinguisher, they will notify the contractor of such. By the end of the next business day the contractor shall replace the extinguisher with a proper “loaner” until the recharged and serviced extinguisher is returned to campus.

6.0.3 At the beginning of each contracted calendar year the contractor shall work with the Campus Contact to supply a schedule or plan for accomplishing with work on this contract within the year.

The University will supply floor plan schematics.

6.0.4 Once during each calendar year of the contract, the contractor shall perform maintenance on extinguishers located on campus. Locations to be provided by the Campus Contact. If a replacement pin is required, this will be included as a maintenance item at no additional cost. As part of the maintenance, the contractor shall assess the appropriateness of the type and size of the individual extinguisher given its location and environment.

6.0.5 The contractor shall perform hydrostatic testing as required, in accordance with NFPA No. 10, chapter 5. Also recharge as necessary or required, in accordance with NFPA No. 10 chapter 4, paragraph 5.

6.0.6 When the contractor feels a repair or a replacement of an extinguisher is necessary they shall contact the Campus Contact with their recommendation. Campus Contact will authorize the contractor to proceed.

6.0.7 Parts and extinguisher replacements shall be Kiddie brand or equivalent

6.0.8 Record keeping detailed in NFPA No. 10 will be required of the contractor. In addition, the contractor will be required to maintain and update the fire extinguisher inventory. As extinguishers are replaced or relocated, the inventory shall be updated on a quarterly basis to reflect any change. The updated report shall be forwarded to the Campus Contact.

6.0.9 Disposal

Vendor to remove and properly dispose (off site) of and debris when doing work for UW-Eau Claire.

6.1 Warranty

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

Contractor must provide a minimum warranty of five (5) years on items and/or parts purchased under this contract.

6.2 Contracting With Other Vendor

Purchasing shall have the option to contract with another vendor to repair or service products if Contractor is unable to repair equipment for any reason or make necessary repairs on a timely basis.

6.3 Employee Identification

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

6.4 Background Check

The Contractor warrants they are supplying employees who have passed a background check(s). The Contractor warrants they are screening employees for Social Security Trace, County Level Criminal Search, and National Sex Offender Search in a background check. Contractor agrees to defend, indemnify and hold harmless the University, its officers, directors and employees for any claims, suits or proceedings alleging a breach of this warranty.

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

Have you included 1 complete set of your bid ?

1.1 Have you completed and returned all forms required?

Signed Bid Document Attachment A Cost Sheet

DOA-3832

3.7 Do you understand and agree to the Method of Award?

4.1 Are you in the business of providing Fire Extinguisher Service and Parts and has your company or its principals done so for the past 10 years at minimum?

4.3 Do you agree to no minimum order quantity or dollar amount?

4.4 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?

Firm Prices

5.1 Do you agree to firm prices as stated?

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

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

5.3 Can you meet service requirement timeline?

5.5 Will you agree that all invoices will reflect prices established for items on this Contract for all orders placed even though the Contract number and/or correct prices may not be referenced on each order?

5.7 Do you agree to subcontracting terms and conditions?

5.9 Do you agree to extending the contract to other:

University of Wisconsin System campuses?

State of Wisconsin Agencies?

Wisconsin Municipalities?

6.0 Do you agree to all of the specification?

6.1 Will you honor manufacturer standard warranty?

If YES, have you enclosed standard warranty documents?

Warranty term: __________________

6.1 Do you agree to minimum warranty of five years as stated?

6.4 Do you agree to only supply employees who have passed a background check as stated?

8 ATTACHMENT E – 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…