GBSM 6859 Weidner Lighting amended 7.29.25.docx

1. General Information

1.1 Scope:

Agent seeks to purchase theatrical lighting equipment for stage and theatre productions in support of The Weidner at UW-Green Bay. The lighting equipment will replace and complement the current theatrical fixtures to reduce energy consumption and heat. Required equipment specifications can be found in Section 6.

See Section 5 (Specifications) and Section 6 (Technical Specifications) for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. The estimated item quantities identified in this Request for Bid are for bid purposes only.

1.2 Definitions:

The following definitions are used throughout this document:

· Agent means UW Purchasing Agent responsible for this Request for Bid.

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

· Contractor means successful Bidder awarded the bid.

· CT means Central Time.

· DVB means Disabled Veteran-Owned Business.

· MBE means Minority Business Enterprise.

· Purchasing means the UW Purchasing department responsible for the procurement of goods and services.

· RFB means Request for Bid.

· Sourcing Module means the ShopUW+ Sourcing Event Module.

· State means State of Wisconsin.

· University and UW both mean University of Wisconsin-GREEN BAY.

· WBE means Woman-Owned Business Enterprise.

1.3 eSupplier/VendorNet Registration:

Registration on the State of Wisconsin’s eSupplier Portal (eSupplier.wi.gov) is available free of charge to all businesses and organizations that want to sell to the state. Refer to Bidder Response: Registration and Sign-in Process for further instructions. 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 (RFB) 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.

Only vendors registered, with a valid e-mail address, at the time the RFB or RFP is posted will receive e-mail notifications of addendums/amendments. Vendors who obtain the RFB or RFP from a third party; through the public notice website; or other means assume responsibility for checking for updates to the RFB or RFP.

NOTE: Registration with eSupplier/Vendornet does not register the bidder with the ShopUW+ Sourcing Event Module. Instructions for registering with the Sourcing Module can be found here: Supplier Login or Join JAGGAER Supplier Network (sciquest.com)

1.4 Campus Delivery Requirements:

· Delivery of orders shall be made to University departments five days per week, Monday through Friday, during normal University business hours.

· Contractor shall follow the delivery requirements outlined by the ordering campus. Contact the ordering department or the Purchasing office for specific policy language, restrictions and a campus map.

· Any unique delivery arrangements must be pre-approved by contacting the ordering department.

1.5 Promotional Materials/Endorsement:

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.

1.6 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.

2. RFB Process Instructions

2.1 Oral Presentations, Product Demonstrations and Site Visits (Pre-Award):

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

2.2 Reasonable Accommodations:

The University will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request.

2.3 Appeals Process:

Any protest of the University's solicitation or intent to award must be based on an alleged violation of the Wisconsin State Statute or a provision of a Wisconsin Administrative Code.

No later than five working days after the date of solicitation or the notice of intent to award is issued by the University, written notice of intent to protest must be received by:

The Office of the Procurement Director of the University of Wisconsin System

The University of Wisconsin -SYSTEM

780 REGENT STREET - MADISON, WI 53715

With a copy to:

Director of Purchasing Services

The University of Wisconsin- GREEN BAY

2420 NICOLET DRIVE - DAVID A. COFRIN LIBRARY SUITE 730 - GREEN BAY, WI 54311

The complete protest must be received by both parties listed above no later than ten working days after the date of solicitation or the intent to award is issued. The protest must be in writing. Protesters must make their protests as specific as possible and must specifically identify the Wisconsin State Statute and/or State of Wisconsin Administrative Code provision(s) allegedly violated.

The decision of the University regarding the protest may be appealed to the Secretary of the Department of Administration within five working days after denial by the University, with a copy of such appeal filed with the University.

2.4 GSA Pricing:

This bid may qualify for GSA Pricing. If you have a GSA contract covering any of the items specified, enclose information on use of that contract including the contract number.

2.5 Method of Bid:

The Bidder shall submit a net lot/package total(s) as designated in Section 6. Prices shall be in U.S. dollars unless otherwise indicated.

2.6 Method of Award:

Award(s) shall be made on the basis of the lowest net total of all lots combined. The University will only award to one bidder. Bids that state the University shall guarantee orders of a specific quantity or dollar amount will be disqualified. The University is the sole determinant of its best interests.

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

3. Bidder Qualifications

3.1 Bidder Experience:

Bidder company or its principals must be in the business of providing the requested items and must have done so for the past FIVE (5) years.

3.2 Authorization:

Bidder must be an original manufacturer, authorized distributor, or dealer authorized by manufacturer with service and repair capabilities for the item. Provide account number with manufacturer, as applicable, in the TECHNICAL RESPONSE QUESTIONS.

Bidder must have an account with an authorized parts dealer. Provide account number with manufacturer, as applicable in the TECHNICAL RESPONSE QUESTIONS.

4. Performance and Contract Requirements

4.1 F.O.B. Destination:

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

Delivery will be made by common carrier or Contractor’s truck, with unloading to be performed by the carrier/contractor and carton(s) transported to a designated interior/ground floor space or inside dock at 2420 Nicolet Dr. Green Bay, WI 54311. Bid prices must include all packing, freight, insurance charges and installation/operation manuals, excluding any import/export costs.

If bidding other than F.O.B. Destination, as stated, F.O.B. point and shipping charges must be identified with bidder’s submitted pricing. This additional cost will be added to the bid total and will serve as the basis for determining the award. You may be asked to Indicate the Country of Origin and Shipping Point. See University Imports clause if applicable.

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

4.2 Special Pandemic and Emergency Operations Considerations:

The University of Wisconsin System, individual campuses, municipalities, counties, or the State or Federal government may have emergency orders or guidelines in place mandating or recommending measures such as face masks, protective gear, hand washing, temperature checks, symptom reporting, social distancing, or other temporary public health and safety measures. All suppliers visiting UW campuses or participating in UW sponsored activities, whether on or off campus, must comply with all relevant University, campus, government, and public health and safety mandates and guidelines unless specifically exempted by the applicable legislation, executive order or public health order. UW reserves the right to impose additional health and safety requirements, processes, and procedures at any time. Bidders, contractors and suppliers and their support personnel present in person at any UW site or event must comply with all such applicable measures in effect at that location.

4.3 University Imports:

Definitions:

· 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.

· 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.

Bids must include costs from bidder’s door to port of destination and local delivery charges. Custom Charges/Fees should not be included in the bid price. The University will be responsible for determining Custom Charges/Fees from a University designated customs broker and adding the cost to the bid price. If these charges are identified in your bid, they will be deducted from your total bid price and the University’s estimate added instead. This adjusted total cost will serve as the basis for award.

The University will be responsible for arranging the payment of all United States Custom Charges/Fees, if applicable. The awarded Contractor must use the University's contracted customs broker, as identified on the purchase order. Customs charges will not be paid to the awarded Bidder or anyone other than the University’s designated customs broker under any circumstances, unless previously agreed to in writing by the University.

4.4 Requirements for Criminal Background Checks:

· Background Checks of Contractors This contract is contingent upon, Contractor supplying workers who have passed a criminal background check that includes a national criminal background check database demonstrating the worker has no convictions or pending criminal charges that are substantially related to the contracted-for activities or services, including but not limited to, those that would render the worker unsuitable for regular contact with children. Disqualifying convictions or charges include, but are not limited to, sexual offenses, violent offenses, and drug offenses.

4.5 Mandatory Reporting of Child Abuse or Neglect:

If, in the course of providing services to the UW, Contractor (or its employee) observes an incident or threat of child abuse or neglect, or learns of an incident or threat of child abuse or neglect, and the Contractor (or its employee) has reasonable cause to believe that child abuse or neglect has occurred or will occur, Contractor must make a report of that abuse or neglect to law enforcement or to a county social service agency as provided in UW’s Policy on Mandatory Reporting of Child Abuse and Neglect (“the Policy”). If the suspected child abuse or neglect involves an allegation against a UW employee or agent (e.g. student, volunteer, contractor, etc.), or the incident or threat of child abuse or neglect occurred on a UW campus or during a UW-sponsored event, the Contractor shall also report to the Police Department.

4.6 Timeliness of Delivery:

Delivery is desired on or before August 25, 2025. If unable to deliver by the stated date, indicate in the TECHNICAL RESPONSE QUESTIONS the earliest delivery date possible. Timeliness of delivery may be used in evaluation for bid award.

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

The contractor is required to notify the ordering department of any back order, discontinuation of item(s) or other delays in shipping within 5 business day(s) of receipt of order or release against existing order(s).

4.7 Acceptance and Testing (Post Award):

Acceptance testing will occur within 30 days after the item has been delivered. Acceptance testing will be performed by the University 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 10 days to meet requirements. If after this time period the item still does not meet specifications or performance requirements, the Contractor agrees to remove the item and return any payments that may have been made.

Matt Reindl, or a designee, is the only authorized person who may sign an acceptance form. The warranty period will begin following the successful acceptance testing.

4.8 Payment Terms:

The University will pay the Contractor net 30 after acceptance. The University will only pay from a fully received invoice that has been accepted and received by the department.

4.9 Shipping, Duplicates, and Over shipments:

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

4.10 Training:

If requested, Contractor must provide personnel with instructions on set-up and operation of the items at no charge to the University. Training requirements will be negotiated with the Contractor if not specified in the bid specifications.

4.11 Insurance:

The Contractor shall maintain insurance levels as required in the DOA 3054 Standard Terms and Conditions – Section 23.0. A certificate of insurance must be provided upon request.

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

4.12 Subcontracting:

· 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.

· 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.

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

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

4.13 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.

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

4.14 Refund of Credits:

The contractor agrees to pay the state within 60 days, at the state's request, any credits resulting from the order which the state determines cannot be applied to future invoices.

4.15 Invoice Dispute:

Pursuant 15.528(3)(e) the UW System will notify supplier by e-mail or mail, at its discretion, of any disputed invoice.

4.16 Entire Contract:

A purchase order will be issued based on the criteria established in this Request for Bid, including attachments and any amendments issued. The RFB, 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. Official Purchase Order B. This Original Request Bid including amendments/attachments C. Bidder response to RFB Any other terms and conditions provided by the Bidder with the bid or for future transactions against this procurement, including but not limited to click on agreements accepted by the Department; 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 RFB should be submitted with your response and alternative language proposed.

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. Specifications

UW Specifications may not be revised without an official written amendment issued by Purchasing.

5.1 Bid Response:

The Bidder’s response must be clearly identified by manufacturer and catalog/model/stock number and/or appropriate identification as requested. Adequate detailed specifications of the items/services being offered or bid must be included with your bid to ensure that the items/services being bid can be compared to determine if the items/services meet all specifications.

If you are bidding alternate items, provide complete specifications, documents and materials showing performance features and details for the items you propose to furnish for each item being bid. These will be used to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidders’ responses.

5.2 Warranty:

· Contractor must honor, at a minimum, the manufacturer's standard warranty on items and/or parts purchased under this contract. Bidder must provide warranty and service level information in the TECHNICAL RESPONSE QUESTIONS and should enclose standard warranty documents with your bid.

· Contractor is requested to provide a copy of maintenance contracts and quote on maintenance available after expiration of the warranty term. Include terms, which components shall be covered and annual cost in your response in the TECHNICAL RESPONSE QUESTION or on attachments to the bid response as necessary.

5.3 NRTL Certification:

The University strives to make sure all equipment purchased has the appropriate United States (US) NRTL certification (Nationally Recognized Testing Laboratories (NRTLs) | Current List of NRTLs | Occupational Safety and Health Administration (osha.gov)). Bidders should provide a list of all NRTL certifications their proposed product has achieved in their bid/proposal response. The University reserves the right to add the costs associated with acquiring an independent US NRTL certification to the submitted bid price to establish comparable costs across all responses. Preference may be applied to products that will have US NRTL certifications prior to shipment.

5.4 Maintenance and Repair:

· Contractor must provide in-store or depot repair service for items purchased as result of this bid. Contractor must return repaired item within 30 days of receipt at the Contractor’s location.

· Contractors must have access to replacement parts within 15 days to service all machines identified under this bid.

5.5 Additional Vendors:

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

5.6 Employee Identification:

All the 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. NOTE: Badges must be available but will not be required to be worn when protective clothing and respiratory protection is required.

5.7 Cables:

Any alternate product bid must be compatible with and capable of being interfaced with identical cables and connectors used with the specified equipment with no additional expense to the University to make the alternate product compatible with existing equipment or power outlets.

5.8 On-Site Demonstration:

An on-site demonstration of any product may be required for evaluation purposes. This demonstration is to be without expense or obligation to the University. The University will not be liable for any loss or damage. If requested, the demonstration must occur as negotiated with the Contractor.

5.9 Environmentally Friendly (“Green”) Product:

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

6. TECHNICAL SPECIFICATIONS

Scope (from 1.1): Agent seeks to purchase theatrical lighting equipment for stage and theatre productions in support of The Weidner at UW-Green Bay. The lighting equipment will replace and complement the current theatrical fixtures to reduce energy consumption and heat. Required equipment specifications can be found in Section 6.

Below is a listing of the equipment needs that are included in the bid. For bid purposes please place a lot total for the four packages (Control, Cable, Fixture, Truss). The equipment list is line itemed out and identified brands shall be included in the bid. If you cannot provide the brand called out, bid may be disqualified. This is to keep consistent with some equipment that will remain in the center. Quantities of each item are detailed next to the “x” in each line. For example 1x means one unit, 60x means sixty units.

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. FAILURE TO MEET A MANDATORY REQUIREMENT SHALL DISQUALIFY YOUR BID. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service requested, Purchasing reserves the right to delete that specification, condition of bid or item without having to complete the bid process again.

Control Package

Cable Package

Fixture Package

Truss Package