fullysignedCONTRACT UWMIL-2025-3626-Music Furnishings 10.2.2024-1.pdf

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State of Wisconsin – UW-Milwaukee

University of Wisconsin-Milwaukee CONTRACT #UWMIL-2025-3626-Music Furnishings Contractor: WENGER CORPORATION

Issuing Agency: The State of WI on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Contractor Rep: Audrey Morschen audrey.morshen@wengergroup.com 507-774-8625 Direct

Contract Administrator: Randal Holper Director – Facilities, Operations, Box Office, Production for Peck School of Arts rgholper@uwm.edu 414-229-2445

Contract Manager: Kathy Kercheck, Purchasing kkerchec@uwm.edu (Conflict resolution, amendment, extension requests)

This Contract is entered into by and between the Issuing Agency and Supplier set forth above.

1.0 SCOPE OF SERVICES: Per attached 2025-UWMIL-00777-RFB, to supply music furnishings and provide all materials and services necessary for the delivery of products as ordered, including insured shipping and return of defective items.

CONTRAT APPLICABLE TO: Wenger Corporation agrees to furnish the commodities of this contract to other UW System Universities, other WI State agencies, and with cooperative agreement, other Wisconsin municipalities.

TERM: The contract shall become effective October 3, 2024, for 3 (three) years. This contract will be automatically renewed for 1 one additional two year term unless termination clause 5.10 of RFB is optionally utilized. The University has the option to extend this contract beyond final term, on a month-to-month basis until such a time that a new contract can be put in place.

2.0 PRICING FOR SERVICES: Per attached cost sheet Tab A, Lots 1, 2, and 3 plus tab B Discount-off List. Prices must be held firm first year of 3year term. Discount percent off to be held firm for all terms of contract. See section 5.1 for price increase requests.

FREIGHT: Freight charges are based on quantity and type of product quoted as well as if delivery only, inside delivery, or if installation services are needed. Freight is calculated on a per quote basis. Freight is common carrier if delivery only and dedicated truck if Wenger installation.

3.0 WARRANTY: 10 Years

4.0 EXCEPTION GRANTED, TERM 4.3 Per RFB term 2.1, UWM waives the specification of 4.3. Vendor is not an authorized distributer or dealer for all products/items being bid.

5.0 ENTIRE AGREEMENT/ORDER OF PRIORITY:

The following documents shall constitute the entire agreement between UWM and Supplier with respect to the subject matter set forth herein: (1) this Contract, including documents incorporated by reference, (2) 2025-UWMIL- 00777-RFB, (3); Vendor’s response to 2025-UWMIL-00777-RFB, (4) any UWM-issued purchase order. In the event of any conflicts or disputes among the documents constituting the Contract, the order of priority to resolve those conflicts shall be the order the documents are listed above. UWM shall not be bound by any terms and conditions included in Vendor’s shrink wrapped agreements, order acknowledgements, or invoices, which attempts to impose any conditions at variance with or in addition to the terms and conditions contained herein.

No amendment or modification of any provision of this Contract shall be effective unless the same shall be in writing and signed by both Parties.

For the State of Wisconsin on behalf of the Board of Regents of the University of Wisconsin System for the University of Wisconsin-Milwaukee

Name: Kathryn Kercheck, UWM Purchasing Signature:

Dated:

10/02/2024 mailto:audrey.morshen@wengergroup.com mailto:rgholper@uwm.edu mailto:loignon@uwm.edu

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For Wenger Corporation

Name: Signature:

Dated:

cpasqua1 Text Box Audrey Morschen cpasqua1 Text Box Oct. 1, 2024

Release Date: 08/27/2024 Official Sealed RFB# 2025-UWMIL-00777-RFB Bid Manager: Kathy Kercheck

MUSIC FURNISHINGS REQUEST FOR BID

Questions Deadline: 5:00 pm Central Time 09/09/2024 ONLY through the procurement tool. (Section 3.1)

Bid Due Date: 1:00 pm Central Time 09/23/2024

Bid Opening: None

TIP: SUMBIT YOUR BID AFTER THE QUESTION AND ANSWER PERIOD HAS ENDED. If you have submitted your bid prior to an amendment, you will need to take action and resubmit bid regardless of any/no changes made after amendment/Q and A deadline has past. (Any answers to potential questions will be issued as an amendment by UWM.)

Bid Responsiveness: To be responsive, you must submit the following mandatory materials on the mandated forms, or your bid will not be considered for award:

MANDATORY: Attachment A: Bidder Response Sheet (Separate Attachment) Bid response must be signed (electronic signatures accepted) by an authorized signatory

MANDATORY: Attachment B Cost Sheet (Separate Attachment)

OPTIONAL: Any exceptions to Contract Terms and Conditions. See Section 5.12.

1 SUBMITTAL INSTRUCTIONS

UWM is accepting Electronic responses via the UWM Sourcing Module

Required materials must be received by the due date and time listed. Bids cannot be submitted once the event as closed in the Portal.

IMPORTANT

To respond to this event, bidders must have an online profile with Jaggaer. If you or your organization do not have an established profile with JAGGAER, register using this link: Supplier Login or Join JAGGAER Supplier Network (sciquest.com)

For more information and supplier resources, please visit the Shop@UW+ Essentials website here:

https://shopuwplus.wisc.edu/supplier-resources/

Failure of the bidder to allow enough time to register appropriately and/or meet required steps will NOT be considered an extenuating circumstance. It is the bidder's sole responsibility to familiarize themselves with the electronic bid Sourcing Module and the electronic bid submission requirements.

https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=UWisconsin https://shopuwplus.wisc.edu/supplier-resources/

For all technical issues or password resets for your supplier portal login for Shop@UW+, the University of Wisconsin’s Procurement System, please reach out to the Jaggaer Supplier Support team at 1-800-233-1121 Option 2 or submit a support ticket via the Supplier Support page here: https://www.jaggaer.com/supplier-support/ Response time should be less than 3 business days. (UWM Purchasing does not have access to your proposal until after the due date of the RFB.)

When all response to the event sections have been entered and saved, you must confirm your submission and the submit button to send your response. The email address provided in your organization’s profile should receive an email confirmation message that your bid has been submitted. Late bids will not be accepted.

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. Bidder Response Sheet (Attachment A separate attachment) complete all sections, must include signature.

2. COST SHEET (Attachment B – excel worksheet tabs A and B )

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin Milwaukee also referred to as the "University" or “UWM” through its Purchasing Services Department, hereinafter referred to as "Purchasing," requests bids from qualified providers to prepare and submit a bid for music furnishings.

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications and requirements are defined as mandatory minimum requirements unless otherwise stated. Purchasing reserves the right to delete specifications or products/services if two (2) or more or 50% or more of Bidders, whichever is less, are unable to to comply with a given specification, condition of bid or provide a specific item/service on the Cost Sheet (Attachment B), 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.

Specifications are listed in section 6 and Cost Sheet.

2.2 Scope

UWM Purchasing, on behalf of the University of Wisconsin Milwaukee intends to use the results of this process to award a Contract for the supply music furnishings.

This Contract must not be construed as mandatory by any University campus. UWM reserves the right to issue separate bids when deemed in the best interest of UWM.

The awarded Contractor/s will be responsible for providing all materials and services necessary for the delivery of products as ordered, including insured shipping and the return of defective items.

2.3 Definitions

The following definitions are used throughout this document:

Bid/RFB means Request for Bid.

Bidder means a firm submitting a bid in response to this Request for Bid.

Contractor means successful Bidder awarded the bid.

Confidential Information shall mean information or data that may be exempt from disclosure to the public or other https://www.jaggaer.com/supplier-support/ unauthorized persons under state or federal law. Confidential information includes, but is not limited to, a combination of name, addresses, Social Security numbers, Campus ID numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records, agency source code or object codes, and agency security data.

Core List means a selection most commonly used product which are offered to UWM at deeper discounts than a standard percent off list. Core list items are reviewed annually. Additions or deletions of items shall be mutually agreed upon by the UWM contract manager and the Contractor.

DVB means Disabled Veteran-Owned Business FOB Destination Prepaid and Allowed means Contractor pays for and retains title and control of goods until they are delivered and the Contract of carriage has been completed. The Contractor selects the carrier and is responsible for the risk of transportation. The Contractor is responsible for filing claims for loss or damage. Contractor absorbs all costs for/pays for shipping.

MBE means Minority Business Enterprise.

Purchasing Card/ P card means State credit card.

State means State of Wisconsin.

Subcontractor shall mean one not in the employment of Contractor, who is performing all or part of the business activities under this Contract under a separate contract with Contractor.

University and UWM both mean University of Wisconsin – Milwaukee WBE means Woman-Owned Business Enterprise.

2.4 E-Supplier Registration

Registrattion on the State of Wisconsin’s Wisconsin e-Supplier/Vendornet https://esupplier.wi.gov is available free of charge to all businesses and organizations that want to sell to the state or University system. Refer to Bidder Response:

Registration and Sign-in Process for further instructions.

Vendors who obtain RFBs/RFPs from a third party or other means assume responsibility for checking for updates to the RFB or RFP.

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 RFB or RFP Registration with eSupplier/Vendornet does not register the bidder with the Shop@UW+ Sourcing Event Module.

2.5 Orders

2.5.1 Orders will be placed on an as-needed basis. UWM will be free to choose Contractors for products based on the following:

-UWM may request quotes from more than one Contractor in this Contract, however, this is not a guaranteed process and will be up to the ordering department.

-Where pricing is lower between Contractors, UWM may choose the lower priced Contractor for the products required.

However, choices may be based on other factors such as availability/delivery/bulk ordering.

2.5.2 Website Ordering: If bidders provide ability to order from website system, prices MUST MATCH the bidder’s standard price list. When UWM uses the bidder’s web site, it must reflect the UWM core list (Tab A -cost sheet) prices and discounts.

2.5.3 Product substitutions are not allowed without written approval from UWM prior to delivery.

https://esupplier.wi.gov/ https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf

2.6 Shipping and Campus Delivery Requirements

2.6.1 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.

2.6.2 Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to the interior/ground floor or inside dock at various locations. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

Delivery is desired at the earliest possible date after order placement.

2.6.3 SHIPPING COSTS: Deliveries shall be F.O.B. destination freight prepaid and allowed included unless otherwise specified. If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified on the Cost Sheet Attachment B in Shipping Section. This additional cost will be added to the bid total and will serve as the basis for determining the award.

2.6.4 All items will be clearly labeled with specific department and address. All deliveries will include packing slips.

2.7 Parking

University parking is very limited. Each Contractor and/or Contractor employee(s) shall make their own arrangements for parking through UWM Transportation Services.

UW Milwaukee Transportation Services 2200 E Kenwood Blvd. Milwaukee, WI 53201-0413

(414) 229-1122 Website: http://www4.uwm.edu/parking/visitors/vendor_contractor.cfm

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.

2.8 Supplier Diversity

2.8.1 Minority Business Enterprise Program (MBE)

The State of Wisconsin nsin 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 System 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.

2.8.2 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 http://www4.uwm.edu/parking/visitors/vendor_contractor.cfm https://wisdp.wi.gov/search.aspx http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program

State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available by selecting the WBE checkbox at: https://wisdp.wi.gov/search.aspx

2.8.3 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 by selecting the DVB checkbox at: https://wisdp.wi.gov/search.aspx

2.8.4 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 A listing of certified WBEs, as well as the services and commodities they provide, is available at:

https://wisdp.wi.gov/search.aspx

2.8.5 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.

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

A listing of certified DVBs, as well as the services and commodities they provide, is available at:

2.8.6 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 Communications/Questions/Clarifications

3.1.1 Any communications and/or questions regarding the specifications, or special conditions of bid must be written and submitted through the Questions section of the bid event portal, asap, but no later than the Due Date for Questions located on the front cover page on this Bid document. Purchasing will respond to questions/post revisions to any part of this BID, by issuing an official addendum. Bidders are responsible for checking the portal for an addendum before submitting a bid. Failure to acknowledge an addendum may disqualify your bid.

Communications by any other means or 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 intent to award is released. Unauthorized communications may lead to disqualifying your Bid submission.

3.1.2 It is incumbent upon bidders to point out any possible discrepancies, omissions or ambiguities using the process outlined above to submit questions. This includes alerting UWM to any non-standard specifications. By failing to do so, bidders waive the right to claim any provision of this bid as ambiguous.

3.2 Applicable Dates

Bid Issue Date: 08/27/2024

Questions Due: 09/09/2024 by 5pm Central Time

Bid Due: 09/23/2024 by 2pm Central Time

3.3 Contract Term

The initial term of Contract shall be from date of countersigned Contract for a period of 3 (three) years. Contract/s will be automatically renewed for 1 one additional 2 (two)-year term unless termination clause 5.10 is optionally utilized. UWM has the option to renew this contract on a month-to-month basis until such a time that a new contract can be put in place.

3.4 Acceptance and Testing (post award)

Acceptance testing will occur within 30 days after item/s have been delivered. Acceptance testing will be performed by UWM and will consist of verification of the specifications and performance requirements. If the item does not meet specification or performance requirements, the Contractor will have 15 days or as otherwise mutually agreed to meet requirements. If after this time period the item still does not meet specifications or performance requirements, the Successful Bidder agrees to remove the item and return any payments that may have been made. The Department http://dva.state.wi.us/

Manager or his/her designee is the only authorized person who can sign an acceptance form. The warranty period will begin following the successful acceptance testing.

3.5 Method of Bid

3.5.1 The Bidder shall fill out completely and submit, Attachment A, and fill out Cost Sheet Attachment B for as many lots of items that they can provide.

3.5.2 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. Prices shall be in U.S. dollars unless otherwise indicated. In the event of errors in calculation, unit price shall prevail.

3.6 Method of Award

3.6.1 Award/s shall be made on the basis of the lowest total LOT price for each lot bid, to the lowest responsible, responsive bidder/s. UWM reserves the right to award by line item or items if deemed to be in the best interests of UWM.

Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified.

3.6.2 State of Wisconsin agencies may make awards to certified Minority Business Enterprise (MBE), or Disabled Veteran-Owned Business (DVB) firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid or the proposal is no more than 5% lower than the apparent high point score. Authority for this program is found in ss. 16.75(3m) (b)2,3, 16.75(3m) (c)(4) and 560.0335(1)(b)(3), 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes.

3.6.3 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).

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). UWM reserves the right to (1) reject all Bid responses and make no award; (2) waive irregularities or technicalities in Bid responses; (3) request clarifying information from bidders; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

4.1 Bidder Response Sheet

Bidder must complete Attachment A to identify designated contact people, to provide information regarding the size of the bidder’s company, and other information as requested. All sections of this form must be completed.

4.2 Bidder Experience

The Bidder (company or its principals) must be in the business of providing the products/services requested in this bid and must have done so for the past 5 years. Contractors must hold the appropriate licenses, certifications, and/or other professional credentials required by appropriate federal, state, county, and city laws to provide materials required in this bid.

4.3 Authorization

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

4.4 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on Attachment A.

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.

4.5 References

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past five years to a comparable sized institution or company (AttachmentA). 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.

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Firm Prices

Unit prices must remain firm for the first year of the contract for items entered on Core List Tab A Cost Sheet.

Discount percentages shall remain fixed for entire contract. Prices established may be lowered due to general market conditions or negotiations between the Contractor and UWM.

5.1.1 Price increase requests proposed after the initial first year of the Contract, 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 written letter/email of both parties.

5.1.2 FIRM DISCOUNTS: Non-core Discounts (Tab B of Cost Sheet) Discounts from most current price list or MSRP price on non-core cost sheet shall remain fixed for the life of the contract and will be applied to the list prices in effect on the day the order is entered online, emailed, or phoned in to the contractor. Discounts shall be provided for each line item. Standard price list may change as issued by the mills/manufacturer(s) but the percentage of discount must remain firm throughout the life of the contract.

5.2 F.O.B.

Contractor pays for and retains title and control of goods until they are delivered and the Contract of carriage has been completed. The Contractor selects the carrier and is responsible for the risk of transportation. The Contractor is responsible for filing claims for loss or damage. Contractor absorbs all costs for/pays for shipping. Failure to bid FOB DESTINATION delivery charges and risk of loss borne by the Contractor in bid price or discount may disqualify your bid.

5.3 Timeliness of Delivery

The University reserves the right to contract with other providers if the Contractor is unable to provide services in a timely manner or unavailable on the date requested. Time is of the essence in the performance of this agreement.

5.4 Item Return Policy

Contractor must agree to repair and/or replace without charge (including freight) any product or part that proves to be defective or fails within the warranty period. If Contractor is unable to provide a replacement or repair in a timely manner, UWM may require refund of the purchase price in exchange for return of the product at no extra expense to UWM.

5.5 Additional Items/Services

Similar items/services may be added to this Contract provided it was mutually agreeable to both Purchasing and the Contractor. Scope of work and pricing (including discounts) must be consistent with the current contract items/services.

5.6 Payment Terms

5.6.1 Contractor must agree that all invoices and purchasing card charges shall reflect the discounts and net 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.

5.6.2 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. Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. 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 (if applicable)

• order number if given and 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 where applicable

• prices per the Contract

At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed. A good faith dispute creates an exception to prompt payment.

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

5.7 Shipments, Duplicates and Overshipments

Upon notification by UWM of a duplicated order or overshipment, the items identified must be removed at the Contractor's expense. If the duplicated or overshipment items are not removed within 30 days of written notification, UWM reserves the right to dispose of them as its own property and shall not be held liable for any cost for the items

5.8 Insurance

Vendors who provide services for the University must maintain Standard Insurance levels as required here:http://uwm.edu/risk-management/insurance/certificates-of-insurance/. A certificate of insurance must be provided upon award and provided on an annual basis throughout the term of the Contract. The Contractor must provide UWM copies of the certificates of insurance that they obtain from their subcontractors (if applicable) and these certificates must be produced prior to commencing the service:

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

http://uwm.edu/risk-management/insurance/certificates-of-insurance/

5.9 Subcontracting

5. .9.1 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.

5.9.2 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.

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

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

5.10 Contract Termination

5.10.1 The University may terminate the Contract at any time, without cause, by providing 30 days written notice to the Contractor. If the Contract is so terminated, the University is liable only for payments for products provided or services performed, to the extent that any actual direct costs have been incurred by the Contractor pursuant to fulfilling the contract. The University will be obligated to pay such expenses up to the date of the termination.

5.10.2 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 30 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: a change to any specifications, not adhering to the agreed upon timelines of delivery, or failure to adhere to any of the Terms, Conditions or Specifications.

5.10.3 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.

5.10.4 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 Section 5.9, the University has the right to cancel and terminate the Contract without notice.

5.10.5 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.

5.10.6 The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifica-tions of this contract.

5.11 Other Eligible Purchasers

U.W. System campuses, State of Wisconsin agencies, and Wisconsin municipalities shall be able to purchase off of this contract if the awarded Contractor has elected to allow other UW campuses or agencies to use this contract for items/services in the Bidder Response Sheet attachment.

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.

This contract must not be construed as mandatory upon any University campus, State agency or municipality. UWM reserves the right to issue a separate bid when deemed in the best interest of the University. UWM may contract with any other vendors for this service for any reason such as but not limited to timeliness of repairs, the ability to provide the service required, major projects, cost, etc.

5.12 Entire Contract

A contract will be awarded to the successful Bidder based on the criteria established in this Request for Bid, including attachments and any amendments issued. The Contract, RFB, the Bidder’s response, and written communications incorporated into the contract constitute the entire contract between the parties. The order of priority in interpreting the contract shall be as follows: The Contract, the bid document, including any amendments/attachments, the bidder’s response, and the purchase order if 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. Specific objections or additions must be listed.

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. Acceptance of any contract terms or conditions proposed is at the sole discretion of

UWM.

5.13 Record and Audit

The Contractor shall establish, maintain, report as needed, and submit upon request records of all transactions conducted under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be in accordance with federal, State of Wisconsin and local ordinances.

UWM shall have the right to audit, review, examine, copy, and transcribe any pertinent records or documents held by the Contractor related to this contract. The Contractor shall retain all applicable documents for a period of not less than five years after the final contract payment is made. UWM reserves the right to inspect any facilities used to support this Contract.

5.14 Accommodations for Individuals with Disabilities

UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. Please contact kkerchec@uwm.edu to make a reasonable accommodation request.

5.15 Promotional Materials/Endorsements

Contractor agrees that they will not use any promotional or marketing material which states expressly or implies that UWM endorses either the Contractor or any party related to the Contractor or this Contract.

mailto:kkerchec@uwm.edu

5.16 Energy Star

The State encourages the use of equipment which meets the Environmental Protection Agency (EPA) Energy Star™ requirements. The Energy Star Program is a voluntary contract between an Original Equipment Manufacturer (OEM) and the EPA. It is not mandatory that every device offered under this bid meet Energy Star requirements but the bulk of the product line should be energy efficient. Bidder should identify those items which meet the Energy Star requirements on the Bidder Response Sheet if applicable.

5.17 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.

5.18 Environmentally Friendly “Green” Products

Contractors are encouraged to identify products that are made of recycled products, that use environmentally friendly production methods, or that can be recycled at the end of their service life. The UW will make every effort to purchase “Green” products wherever feasible or possible based on individual project needs and funding available.

5.19 Debarrment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all subrecipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. By signing this document you certify that your organization and its principals are not debarred. Failure to comply or attempts to edit this language may disqualify your bid. Information on debarment is available at the following websites: www.sam.gov and https://acquisition.gov/far/index.html see section 52.209-6.

6 SPECIFICATIONS

6.1 Specifications of Items/Services to be Provided

6.1.1 The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested on the Cost Sheet (Attachment B).

6.1.2 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. Adequate detailed specifications of the items being bid must be included with your bid to ensure that the items being bid can be compared to determine if the items meet all specifications. Failure to provide the requested product specifications and information for items/services bid may disqualify your bid. UW-Milwaukee shall be the sole judge of equivalency in determining compatibility of function, quality, and style.

6.1.3 If bidding more than one option per line item on cost sheet, submit cost sheets for each bid separately.

6.1.4. Discontinued/Newly Added Products: In the event an item subject to this Bid is/has been discontinued by the manufacturer or is/has been replaced or upgraded, UWM reserves the right to purchase the replacement and/or upgraded items at the same pricing structure as set forth in the Successful Bidder’s response to the Bid. UWM has the right to purchase related new products in the Non-Core List categories at the discounts Contractors have been awarded. New items may be added to the Core List upon written approval between Contractor and UWM.

6.1.5 Items to be bid: Go to separate attachment B Cost Sheet to fill in columns as directed on the form. Shown below is Tab A. Also fill out Tab B of cost sheet, noncore discount-off List.

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

Item Specifications

Lot 1

1 Seating Conductor's Stool- Stool must be adjustable, minimum acceptable range for seat height adjustment is 28-31”.

Seat should be upholstered in black with a woven fabric.

2 Carts Music Stand Cart Cart should hold a minimum of 18 music stands (Stands specified in Item 4 of lot 1)

National Public Seating Model No:WBB449355 & Manhasset 1901 are known to meet spec

3 Carts Music Stand 1/2 Cart Cart should hold a minimum of 9 music stands(Stands specified in Item 4 of lot 1)

National Public Seating Model No: WBB449354 & Manhasset 1920 are known to meet spec

4 Stands Music Stand

The desk of the music stand must be at a minimum, 20" w x 12-1/2" h with a 2-1/4" ledge.

The minimum height range of the stand should abe 26" to 48" from the ledge to the floor.

Manhasset Model 4801 is known to meet spec.

Lot 2

1 Seating Musician's Chair Chairs should be able to be stacked Chairs should have a 17.5” seat height The angle of the back to seat should be 97degrees Upholstery Fabric should be stain resistant Upholstery Fabric should be black Frame of chair should be powdercoated black.

Wenger Musician Chair is known to meet this spec

2 Seating Student Chair Chairs should be able to be stacked Chairs should have a 17.5” seat height The angle of the back to seat should be 97degrees Chair should be unupholstered Chair should have a Black high impact 1/8" (3 mm) thick textured polypropylene seat and back Frame of chair should be powdercoated black.

Wenger Student Chair is known to meet this spec

3 Carts Music Chair Cart Cart must be able to hold at minimum10 of the specified Musician Chair or 18 of the specified student chair

4 Mobile Acoustic Shells Portable Acoustic Stage Shells Shell dimensions should be 6’ wide and 15’2” high when fully extended Audience facing portion of shell should be finished in a white color Top canopy of shell should be adjustable to four preset angles: 45, 60, 75, and 90 degrees.

Front face of shell should have no visible fasteners

Wenger Legacy Classic Shell is known to meet this spec

5 Rehearsal Furniture Flip Form Flip Form should be able to provide a flat platformed surface or a tiered riser for theatrical and choral rehearsals.

Flip forms should be able to be operated by a single person.

Flip forms should be able to accommodate a maximum load of 125lb/suare foot.

Wenger Flip Forms are known to meet this spec

Lot 3 Seating Student Chair(See Spec)

1 Markerboards Wall Mounted Music Notation Markerboard with Stave lines Board should be 72”x48” Luxor WB7248M Is known to meet spec

2 Markerboards Wheeled Music Notation Markerboard with stave lines Board should be 72” x 48”

Luxor MB7248MW is known to meet spec

6.2 Warranty

6.2.1 Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must provide warranty term on Bidder Response Sheet.

6.3 Quality

6.3.1 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 UWM.

6.4 Maintenance or Repair

Contractor must agree to repair and/or replace without charge (including freight) any product or part that proves to be defective or fails within the warranty period. If Contractor is unable to provide a replacement or repair in a timely manner, UWM may require refund of the purchase price in exchange for return of the product at no extra expense to UWM.

6.5 Contracting With Other Vendors

The University shall have the option to contract with another vendor if Contractor is unable to provide goods/services requested per the scope of the contract.

7 ATTACHMENT A – Bidder Response Sheet

Complete and submit Attachment A with your bid response

8 ATTACHMENT B – Cost Sheet Complete and submit Attachment B. Costs which are not specifically identified in Cost Sheet will not be compensated under any Contract awarded pursuant to this bid.

9 STANDARD TERMS AND CONDITIONS

Wisconsin Department of Administration Chs. 16, 19, 51 DOA-3054 (R 03/2019)

1.0 UNFAIR SALES ACT: Prices quoted to the State of Wisconsin are not governed by the Unfair Sales Act.

2.0 TAXES: The State of Wisconsin and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below.

The State of Wisconsin, including all its agencies, 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 State of Wisconsin 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.

3.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of 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 reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.