State of Wisconsin – UW-Milwaukee Wis. STATS 16.75

Purchasing Agent: Kathy Kercheck Email: uwmbids@uwm.edu Phone: (414) 229-7162

See section 3.4 for rules regarding communications during a Bid.

Submission: Email with “Bid KK20-17-O” as subject line Questions Due: March 4th, 2020 @ 2:00PM CST

Bid Due: March 16th, 2020 @ 9:00AM CDT Bid Opening: March 16th @ 9:15AM CDT (attendance not required, Engelmann Hall # 220)

Site Visit: February 28, 2020 10:00am

BID RESPONSIVENESS: To be considered responsive, the Bidder must submit the following. (Bidder must check the respective boxes to indicate compliance with each requirement.:

|_| MANDATORY: Request for Bid Cover Sheet (this page), signed by an authorized signatory.

|_| MANDATORY: Bid Response (Exhibit A, included herein p. 13) |_| MANDATORY: Bid Response Cost Sheet (Exhibit B included p. 14-15 herein) |_| MANDATORY: Price List(s) or Catalog per Lot 2 of bid |_| MANDATORY: Required Bidder Form (Exhibit C) DOA-3828 (attached) |_| OPTIONAL: Any exceptions to Contract Terms and Conditions. See Section 7.1.

The undersigned has legal authority to bind the Bidder to this Bid.

|_|Yes |_|No Note: Failure to check “Yes” will result in the Bid being considered non-responsive and ineligible for award.

Wis. Stats. s. 16.754 directs the State to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials covered in our Bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.

|_|Yes |_|No |_|Unknown

Name of Organization/Company

Mailing Address:

Date:

Federal Employer Identification No (or social security if sole proprietor) (voluntary)

UWM KK20-17-O

Organization of Bid Sections

1. General Information

2. Bid Specifications and Service Requirements

3. Bid Procedures and Instructions

4. Contract Terms and Conditions Exhibits A, B, included as page 13-15 herein Attachments: Exhibit C (Bidder required form) Exhibit D (Floor plan) Exhibit E: For information only -background check statement

1. GENERAL INFORMATION

1.1 ISSUING AGENT: University of Wisconsin-Milwaukee issues this Bid on behalf of the Board of Regents of the University of Wisconsin System as an agency of the State of Wisconsin. The University of Wisconsin-Milwaukee is hereafter referred to as “UWM”.

UWM shall not be liable for any cost incurred by a Bidder in the process of responding to this Bid.

UWM will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities, upon request. If a Bidder needs accommodations for a site visit, contact Purchasing Agent listed on the Bid Cover Sheet.

1.2 VENDORNET: The State’s Vendor Notification System recently changed from VendorNet to eSupplier. UW agencies still use VendorNet to post information regarding solicitations, which is accessible to vendors without needing to register by going to https://vendornet.wi.gov/ and going to the “Bid” tab. However, VendorNet no longer provides vendors with automatic notifications. Vendors are also no longer able to register with VendorNet. If you prefer to receive automatic updates when new solicitations are posted, or when a change to an existing solicitation is posted, please register with eSupplier at https://eSupplier.wi.gov/. Here is a link to instructions that may aid you in registering with. https://esupplier.wi.gov/starcontent/eSupplier/eSupplier%20-%20Registering%20as%20a%20Bidder.pdf

1.3 DEFINITIONS:

1.3.1 “Bidder” means a firm submitting a Bid in response to this Request for Bid. May be referred to as “Vendor” or “Supplier” or “Contractor.”

1.3.2 “Contract” means the document(s) constituting the agreement resulting from this Bid award.

1.3.3 “Bid Cover Sheet” means the first page of this Bid.

1.3.4 “State” means State of Wisconsin. UWM is an agency of the State and any legal obligations that run to the benefit of the State apply equally to UWM.

1.3.5 “RFB” or “Bid” means this Request for Bid.

1.3.6 “Successful Bidder” means the Bidder to whom this Bid is awarded. May be referred to as “Contractor”, “Vendor” or “Supplier” or “Contractor.”

1.3.7 “Must”, “Shall”, and “Will” are mandatory requirements.

1.3.8 “UWM” means the University of Wisconsin-Milwaukee, and its Waukesha and Washington campuses.

1.3.9 “F.O.B. Destination (Pickup and Delivery) Freight Prepaid and Allowed” means the Seller retains title and control of goods until they are delivered and the contract of carriage has been completed. The seller selects the carrier and is responsible for the risk of transportation and pays for the transportation.

1.4 “GENERAL DESCRIPTION/PURPOSE OF THE REQUEST FOR BID: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for the supply, repair, and replacement of manual roller shades, blinds, and other window treatments and related accessories and parts, with an initial project installation of 470 roller shades at the UWM location of Sandburg Halls-West Tower. UWM plans to order additional shades and installations from awarded Contractor during term of the contract. This contract’s primary users are University Housing, however all UWM departments must be eligible to purchase from this contract.

1.5 SCOPE: This Request for Bid includes two (2) lots. Bidders must be able to bid on both lots. UWM is requesting pricing for both door delivery and contractor installation for lot 1, and discount percentage off blinds/other products delivery only and installation for lot 2. Lot 1 lists a specific manufacturer to establish the design and consistency, type of construction quality, functional capability, and performance level desired. Bidder may offer an alternate manufacturer believed to be an equal to that listed, but must provide supporting proof as described in section 3.10.

1.6 CONTRACT LENGTH: The contract will be from date of fully executed contract, for a two year period with the option for three (3) one (1) year renewals. UWM reserves the right to extend the contract beyond the term of the contract if it is in UWM’s best interest. Renewals will be automatic unless either party cancels with written notice 60 days in advance of contract renewal date.

1.7 DELIVERY F.O.B. DESTINATION PREPAID AND ALLOWED: For door delivery, all deliveries shall be FOB Destination. Delivery charges and risk of loss shall be borne by the contractor.

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

AND-

F.O.B Destination and Installed:

Items are to be installed at various locations, F.O.B. DESTINATION INSTALLED. 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.

Failure to bid FOB DESTINATION PREPAID AND ALLOWED / INSTALLED, delivery and installation charges and risk of loss borne by the Contractor in price may disqualify your bid.

-AND/OR-

On Site Service:

In carrying out the scope of this Contract, the Contractor shall be required to perform services on University property. Bidders cost must include all transportation charges.

1.8 TYPES OF ORDERS: Under this contract, Specific order(s) and Contract blanket order(s) (defined below) may be issued to the Contractor(s).

Specific order(s): issued as one-time orders.

Contract blanket order(s): issued for a specified period of time, to allow departmental personnel to issue releases against the Contract blanket order(s) as needed.

All orders placed by UWM shall be bound by the terms, conditions, and pricing of awarded contract whether the department refers to the contract or not.

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

Parking and Transit 2200 E. Kenwood Blvd Milwaukee, WI 53201-0413

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

No additional costs will be allowed for parking fees or violations. Unauthorized vehicles parking in UWM lots or loading docks may be ticketed and or towed.

2. Bid Specifications : All Section 2 specifications are mandatory requirements.

2.1 MINIMUM YEARS IN BUSINESS: Bidder or its principals must currently be and have been in the business of providing the requested product with installation services, for the past three (3) years.

2.2 To the maximum extent feasible, any agreement with the Contractor whose employees or affiliates will have access to University of Wisconsin-Milwaukee Residence Halls in the course of this contract must include a representation from the Contractor stating that those employees or affiliates have satisfied criminal background checks conducted by a criminal background check vendor selected by the Contractor that includes a check of the vendor’s proprietary national criminal background check database. The Contractor must warrant that they will only assign employees or affiliates who have passed a criminal background check to perform work under this contract. The background checks must demonstrate the worker has no convictions or pending criminal charges 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-related offenses. University of Wisconsin-Milwaukee also photograph affiliates of the Contractor who will be occasionally unaccompanied by a University of Wisconsin-Milwaukee representative. Photographs will be used as part of a University Housing security process of creating Contractor ID cards which will need to be presented during entry into a UWM residence hall. (A copy of the background check form is attached, Exhibit E, for information at this time Only the awarded bidder will fill out this form at contract time.)

2.3 SPECIFIC BID INSTALLATION PROJECT SPECIFICATIONS FOR LOT 1:

2.3.1 Timeline: Work shall begin at the start of May 18, 2020 and needs to be completed by the end of Friday, July 3rd, 2020.

2.3.2 Roller Shades: Draper clutch-operated Flexshade XD or equal to

2.3.2.1 Manual roller shades

2.3.2.2 Hem bar with sealed ends

2.3.2.3 No fascia, no valances

2.3.2.4 1% openness factor

2.3.2.5 Steel mounting bracket with integrated XD clutch: white clutch, stainless steel bead chain

2.3.2.6 Color: Oyster/Pearl Gray, SW2500

2.3.3 Sizes All shades must have a length of 64” (see attached Floor Plan Exhibit D for more details) Width 38” x Length 64” = 61 total Width 50” x Length 64” = 60 total Width 77” x Length 64” = 120 total Width 78” x Length 64” = 117 total Width 89.5” x Length 64” = 54 total Width 106” x Length 64” = 57 total Width 115” x Length 64” = 1 total Total number of manual roller shades: 470

2.3.4 Removal of vertical blinds (to be replaced in project) and discard. (UWM will keep a few of the blinds for their attic stock.)

2.3.5 Install 470 manual roller shades: Mounting surface is concrete Clear anodized hardware recommended by the manufacturer.

Mounting style will outside: mounting brackets will be installed into the ceiling (windows are flush to the ceiling.) Shades need to be mounted so when lowered, they do not get caught on window handles.

2.3.6 Site Visit: The mandatory site visit is scheduled for February 28, 2020 at UWM Sandburg Hall- West Tower located at 3400 N. Maryland Ave., Milwaukee WI 53211. We will meet in main entrance lobby area. Bidders interested in bidding must attend the site visit. Please contact Kathy Kercheck via email at kkerchec@uwm.edu to confirm your attendance by February 26, 2020. A site visit attendance form will need to be signed at the visit.

2.3.7 All measurements in the bid specifications are for estimation purposes only. Awarded vendor must provide field measurements prior to manufacturing and will be allowed to measure after contract is executed and insurance certificate provided. (see section 4.26)

2.4 All Fabrics must be Class A fire rated and meet or exceed current ASTM and National Fire Protection Association (NFPA) Code.

2.5 WARRANTY: The warranty for parts installed, must offer replacement for that part of the product that proves defective because of improper workmanship and/or material under normal installation use, with no additional charge for parts, labor, travel, or any other any other charge. Successful bidder shall, at minimum, warrant its work and/or products for a period of not less than one (1) year from completion, installation, against all defects and deficiencies in workmanship and installation.

Roller shades as specified in Lot 1 must honor at minimum, five year warranty on fabric and accessories, and 10 years on hardware. Lot 2 products must honor at manufacture warranties for all parts and accessories with a minimum of three years.

Warranty and maintenance work must be performed on site unless UWM grants permission to remove equipment from site.

2.6 REPORTING TO A JOBSITE/SERVICE REQUIREMENTS:

2.6.1 When a job start date and time has been determined with the Contractor, the Contractor shall be on the job site with adequate tools, be mobilized and ready to perform work at the agreed upon time and date immediately upon arrival furnishing all materials and tools to complete job, including troubleshooting.

2.6.2 Prior to the beginning of any individual job, Service personnel must make his/her presence known to an authorized UWM representative for who the work is being performed, upon arrival and departure of the job.

2.6.3 Contractor shall provide, at Contractor’s expense, all tools of the trade and equipment necessary to perform the work as required.

2.6.4 Any equipment, tools or materials owned by the Contractor left on the job site are the Contractors responsibility. The University does not take any responsibility for these items and their safety.

2.6.5 REMOVAL OF DEBRIS/SITE RESTORATION: The Contractor shall clean up and remove all non-hazardous debris from the job site, on a daily basis, and dispose of all debris at a State of Wisconsin licensed solid waste landfill. The Contractor shall not leave debris on University property, in University dumpsters, unless approved by the UWM representative or in any non-Contractor owned dumpster. The contractor shall not incinerate debris, and/or dump waste by/in the street or road. UWM will retain the removed window treatments if a job involves replacement.

2.6.6 SITE RESTORATION: The Contractor shall restore job site to original condition to the satisfaction of the UWM representative. When the job is complete, the Contractor shall remove all tools, excess material and equipment, etc., from the site.

2.7 RESERVE THE RIGHT TO USE OTHER VENDORS: This contract is not mandatory for users. UWM reserves the right to bid out or use other vendors when the awarded vendor cannot provide the product or service required.

2.8 ADDITIONAL PRODUCTS: UWM reserves the right to purchase all relevant products and services listed in Exhibit B (cost sheet), and any additional related items.

2.9 ACCOUNTING AND PAYMENTS

2.9.1 ACCOUNTING: Upon request the contractor shall work with UWM to review invoices, explain charges, discuss problems and mutually agree on courses of action which may be required to provide improved control and/or services.

2.9.2 INVOICE REQUIREMENTS: 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.

UWM must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by 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, a good faith dispute creates an exception to prompt 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 Date of order/release Quantity and Item manufacturer’s name or abbreviation (if applicable) Complete item description including catalog, model and/or stock number(s) identical to those stated in bid

The original invoice must be sent to the billing address on the purchase order

2.9.3 PRICES PER THE CONTRACT: At the discretion of Purchasing, invoices not reflecting the correct discount or net prices may be short paid or disputed.

2.9.4 INVOICING PERFORMANCE: If a complaint is received by the contract manager regarding a billing error, the Contractor will be notified in writing that the invoicing is not in compliance with the contract. The second time a documented billing problem is received by the contract manager the contractor may be required to meet with the contract manager. The Contractor will be advised of the possible consequences, which may include cancellation of the contract, if there is any future billing problem. The third time a documented billing complaint is received by the contract manager, the contract may be cancelled. Failure of the contractor to promptly and properly invoice may be grounds for cancellation of the contract.

3. BID PROCEDURES AND INSTRUCTIONS:

3.1. METHOD OF BID: Bidder must complete Exhibit A and Exhibit B, (must be submitted electronically) and all of the “mandatory” requirements as listed on the front cover sheet of the Bid, according to the directions provided. Bidder must bid on all lots in order to receive award.

Lot 1: Installation of Roller Shades in Sandburg Hall-West Tower Project, and prices for additional installs and roller shades: The bid prices on the products must be all inclusive for all applicable costs, fees, supplies, delivery, insurance, consultations, and expenses. No additional costs, fees or expenses will be allowed that are not stated in Exhibit B.

Lot 2: Bidder must submit a bid in the form of percent discounts from current manufacturer’s published list prices (for FOB Destin door delivery, and including installation) based on specifications listed. Discounts bid must be rounded to whole numbers, (e.g., 54% or 48%, NOT 54.2% or 48.1%) from the price list. Failure to provide the rounded discount as requested may result in rejection of your bid for non-specified, related items. If there is more than one price list, each price list and the related discounts should be identified. If the price list(s) has more than one price column, bidder must identify from which column the percent bid is applied or your bid for that lot may be disqualified.

3.2. METHOD OF AWARD: Award will be made to the lowest responsive, responsible Bidder, which is judged to be in the best interest of UWM, based upon a formula which will be available after the bid opening.

Unit prices shown on the bid or contract shall be the price per unit of sale (e.g., gal., cs., doz., and ea.) as stated on the bid 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 evaluation and contract administration.

UWM may make awards to certified Minority Business Enterprise, or Disabled Veteran-Owned Business firms submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the apparent low bid. 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.

3.3. BID RESPONSIVENESS: Bids may be evaluated by the Purchasing Agent, Purchasing Director and/ Department Users, to verify that they meet all specified requirements in this RFB and that they comply with all instructions of this Bid. Failure of a Bidder to comply with verification requests may result in rejection of the bid. The verification process cannot be used as an opportunity to alter bids submitted. UWM shall be the sole judge of the results of the verification process.

All specifications are mandatory minimum requirements unless otherwise stated. Failure to meet mandatory requirements may result in the Bid being deemed non-responsive. Bidders are encouraged to ask questions to resolve any ambiguities in the specifications (specs that are written too restrictively, are internally inconsistent, etc.). Bidders are also encouraged to submit responses even if all mandatory requirements are not met because

UWM reserves the right to (1) reject all bid responses and make no award; (2) waive irregularities or technicalities; (3) request clarifying information from Bidders; (4) delete specifications, conditions of the bid, or items not bid, if two or more or 50% of more of the bidders are unable to comply; (4) make a partial award; and (5) accept or reject all or part of any Bid response submitted.

3.4. MINORITY BUSUSINESS ENTERPRISE: 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 contracting agency is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that minority owned business enterprises certified by the Wisconsin Department of Commerce, Bureau of Minority Business Development 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.

3.5. COMMUNICATION/QUESTIONS: From the date of release of this RFB until Bid award, the only permissible communication regarding this Bid is in writing to uwmbids@uwm.edu unless otherwise indicated by the Purchasing Office. Violation of this condition may be considered sufficient cause for Bid rejection. The subject line of the email must be labeled “KK20-17-O Question”.

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 is ambiguous. Any clarifying addendum will be posted as set forth herein.

The deadline for any questions concerning this RFB is as set forth on the cover sheet of this Bid. Any questions received after that time may not result in an addendum answering the question.

3.6. BID SUBMISSION: The method of submission shall be by email: All bids must be signed on the Bidder Signature block (bottom of cover page) or they may be deemed non-responsive and be rejected.

Bidder shall submit to uwmbids@uwm.edu. Such email (and all bid documents) must be received prior to the bid due date set forth on the cover sheet of this bid. The subject line of bidder’s submission must contain the following: “Bid response” followed by “KK20-17-O and bidder’s company name.” Any attachments to electronic submissions must be in Microsoft Word, Microsoft Excel, Microsoft Power point, Adobe PDF, or ZIP file formats and under 10MB in size. UWM will not accept responsibility for any network or power outages that may occur during the transmission of bids. Electronic or digital signatures are acceptable, but subject to verification. Submitting a bid to an email address other than uwmbids@uwm.edu will not constitute receipt of a valid bid by the Purchasing Office.

3.7. BID OPENING: Names of bidders and prices may be read aloud at that time.

3.8. ADDENDUM: Addendums shall be posted on the State of Wisconsin’s Vendor Net website at http://vendornet.state.wi.us. Bidders are responsible for checking this website for any future addenda or bid information prior to the bid closing date. If this is an informal bid, addendum will be sent to all Bidders receiving a RFB or to any Bidder requesting a copy.

3.9. MULTIPLE BIDS: Multiple bids from a vendor will be permissible, however, each bid must conform fully to the requirements for bid submission. Each such bid must be separately submitted and labeled as Bid #1, Bid #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple bids.

3.10. BIDDING EQUAL OR BETTER: The name of a certain brand, make, or manufacturer or allusion to thereof does not restrict vendors to the specific brand, make, or manufacturer; it conveys the general style, type, character, and quality of the product desired, and any product which the university at its sole discretion determines to be equal of the specified, considering quality, workmanship, materials, economy of operations and suitability for the purpose intended shall be accepted. Bids alternate or substitute items “equal or better” will be considered if indicated in the Bid specifications. To be considered responsive, full descriptive literature must be included and bidder must specifically highlight or direct UWM to the precise place in the literature that demonstrates all of the specifications are equal or better. Bidder must specifically circle and explain any deviations from the Bid specifications. UWM Purchasing shall be final judge as to whether an item meets the specifications for the bid.

3.11. PROPRIETARY INFORMATION: Any information contained in the Bidder’s response that is proprietary must be detailed separately on form DOA-3027 and submitted as set forth on the Bid Cover Sheet. Marking of the entire response as proprietary will neither be accepted nor honored. UWM 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. If declaring confidentiality, use REQUIRED BIDDER FORM (attached) form section 4.

4. STANDARD TERMS AND CONDITIONS:

4.1. ENTIRE CONTRACT: A contract will be awarded to the successful Bidder(s) based on the criteria established in this RFB, including attachments and any amendments issued. The RFB, the Bidder’s response, and any 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: (1) the Contract; (2) the Bid document, including any amendments/attachments; (3) the successful Bidder’s response to RFB, (4) UWM Purchase Order.

Any exceptions to the Contract Terms and Conditions must be submitted in Bidder’s response. Specific objections or additions must be listed. It is insufficient for the Bidder to submit a standard Bidder contract as a complete substitute or alternative for the language in this Bid. Likewise, it is insufficient for the Bidder to simply cite to Bidder’s document or incorporate a document by reference. Any contract term or condition not set forth in Bidder’s response will not be negotiated or considered. UWM 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.

4.2. VENDOR AGREEMENTS/CONTRACTS: UWM will not sign Vendor-supplied agreements/contracts.

4.3. AMENDMENTS: It is specifically understood and agreed that such items relative to window treatments and services which are not herein covered may be added to or excluded from this bid and resulting contract by UWM without voiding in any manner the provisions of the existing contract. This contract may be modified or amended in writing signed by authorized signatories of Contractor and UWM.

4.4. 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 State of Wisconsin shall be the sole judge of equivalency. Bidders/Proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal.

4.5. 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 State of Wisconsin.

4.6. FIRM PRICES / CHANGES: All prices of items and labor rates must remain firm for the first year of the contract. Discount percentages must remain firm for the entire term of contract and any renewals.

Contractor may offer better (higher) discounts due to general market conditions or larger projects, quantity price breaks, etc.

Price increase requests proposed after the initial Contract term must be received by Purchasing, Kathy Kercheck, kkerchec@uwm.edu in writing for acceptance or rejection. Proposed price increases are limited to fully documented cost increases submitted ninety (90) days prior to contract renewal. If Purchasing deems cost increases are not acceptable, UWM reserves the right to rebid the contract in whole or part or to negotiate price increase requests with the Contractor. Acceptance of the price increases shall be in the form of an amendment to the countersigned contract.

Price increases must be labeled with the contract number and 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.

4.7. GOVERNMENT DISCOUNTS: UWM qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

4.8. TERMINATION FOR CONVENIENCE: Either party may terminate the Contract at any time, without cause, by providing a written notice; the State by providing at least 60 calendar days notice to the Contractor, and the Contractor providing at least 120 calendar days notice to UWM in advance of the intended date of termination.

In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed under the Contract. The Contractor shall also be compensated for partially completed services. In this event, compensation for such partially completed services shall be no more than the percentage of completion of the services requested, at the sole discretion of the State, multiplied by the corresponding payment for completion of such services as set forth in the Contract. Alternatively, at the sole discretion of the State, the Contractor may be compensated for the actual service hours provided. The State shall be entitled to a refund for goods or services paid for but not received or implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.

4.9. CONTRACT CANCELATION: Shall the Contractor fail to perform under the terms, conditions and specifications of this Contract; the aggrieved party may notify the other party in writing of such failure and demand that the same be remedied within fourteen (14) calendar days, or as agreed to between the Contractor and UWM. 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 properly clean or failure to provide any of the Terms, Conditions or Specifications

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

4.9.2. 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 4.26-- UWM has the right to cancel and terminate the Contract without notice.

4.9.3. 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, UWM 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 ten (10) calendar days’ notice in writing of such termination.

4.9.4. UWM reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds.

4.10. TAXES: UWM is exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases except Wisconsin excise taxes.

4.11. 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.

4.12. 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. UWM 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. UWM also reserves the right to cancel this contract with any federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

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

4.14. PATENT INFRINGEMENT: The contractor selling to the State of Wisconsin 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 State of Wisconsin (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.

4.15. VENDOR TAX DELINQUENCY: Vendors who have a delinquent Wisconsin tax liability may have their payments offset by the State of Wisconsin.

4.16. SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the State of Wisconsin must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

4.17. PUBLIC RECORDS ACCESS: It is the intention of the state to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities.

Bid/proposal openings are public unless otherwise specified. Records may not be available for public inspection prior to issuance of the notice of intent to award or the award of the contract.

4.18. CERTIFICATION FOR COLLECTION OF SALES AND USE TAX: The State of Wisconsin shall not enter into a contract release 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.

4.19. SUBCONTRACTING OR ASSIGNMENT: Any contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned or otherwise transferred to any other Contractor without prior written approval by UW Milwaukee Purchasing. 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. Subcontractors must abide by all terms and conditions under this contract.

4.19.1. If a manufacturer is bidding and has a subcontractor perform installations, subcontractor MUST be named, with contact info., in bid response, and subcontractor MUST ATTEND SITE VIST.

4.19.2. In the event of an approved subcontractor, the Successful Bidder 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.

4.19.3. UWM reserves the right to assess the successful bidder liquidated damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

4.19.4. Subcontractors must supply UWM with proof of the same insurance coverage as required of the contracted vendor.

4.19.5. Subcontractors must have three years of experience in window treatment installation.

4.20. 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.

4.21. SEPARABILITY: If any provision of this contract shall be, or shall be adjudged to be, unlawful or contrary to public policy, then that provision shall be deemed to be null and separable from the remaining provisions, and shall in no way affect the validity of this contract

4.22. WAIVER: A waiver by either party of any terms or conditions, provisions, or covenants of this contract in any instance shall not be deemed or construed to be a waiver of any such term, condition, provision, or covenant for the future, or of any subsequent breach of same. All remedies, rights, undertakings, obligations, and agreements contained in this contract shall be cumulative and shall not be in limitation of any other right, remedy, undertaking, obligation, or agreement of either party.

4.23. WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that when engaged in the production of materials, supplies or equipment or the performance of contractual services, not less than seventy-five percent (75%) of the total hours of direct labor are performed by severely handicapped individuals.

4.24. AFFIRMATIVE ACTION: As a State agency, UWM requires Operators issued a purchase order exceeding $50,000 to provide an Affirmative Action Plan. Failure to comply appropriately with these requirements can lead to your company being banned from doing business with any agency of the State of Wisconsin. Additionally, failure to comply can result in termination of this contract, or withholding of payment. Provide the requested information on the Vendor Information form (DOA-3477) attached. For additional information, see Section 19.0 of the Standard Terms & Conditions. Some exceptions may apply, and instructions for completing a plan are available upon request.

4.25. NONDISCRIMINATION: . Pursuant to 2019 Wisconsin Executive Order 1, contractor agrees it will hire only on the basis of merit and will not discriminate against any persons performing a contract, subcontract or grant because of military or veteran status, gender identity or expression, marital or familial status, genetic information or political affiliation.

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.

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's nondiscrimination law.

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.

4.26. INDEMNITY AND INSURANCE REQUIREMENTS: Must provide a certificate of insurance within ten (10) business days of intent to award. A bid may be rejected if a bidder fails to meet any one of the following requirem

4.26.1. Contractor must indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin System, UW-Milwaukee, its officers, employees and agents from and against any and all claims, demands, losses, liability, costs, damages or expenses (including financial or consequential damages) of every kind and description or damage to persons or property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this Contract, but only to the extent that such claims are caused by or result from the negligence, misconduct or other fault of the Contractor, its officers, employees, agents, subcontractors, vendors or volunteers.

4.26.2. Contractor agrees to protect itself and the Board of Regents of the University of Wisconsin System and UW-Milwaukee under the indemnity agreement set forth in the above paragraph. Contractor will at all times during the terms of this Contract keep in force and effect commercial general liability, excess/umbrella liability, automobile liability, excess/umbrella liability, worker's compensation, and employer’s liability insurance policies issued by a company or companies rated A- or better by AM Best and authorized to do business in the State of Wisconsin with the following minimum limits of coverage;.

Worker’s Compensation Statutory Limits

Employer’s Liability

4.26.3. Additional Insured Provision:

Coverage afforded shall apply as a primary with the Board of Regents of the University of Wisconsin System, its officers, employees, and agents named as an additional insureds on the commercial general, automobile and excess/umbrella liability policies.

4.26.4. Insurer shall give sixty (60) day advance written notice of non-renewal, cancellation (10 days for non-payment of premium), or expiration during the term of this Contract. In the event of non-renewal, cancellation, or expiration, the Contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University’s receipt of the sixty (60) day notice. Failure to maintain the required insurance in force may be cause for Contract termination.

4.26.5. The hold harmless, indemnity and insurance provisions of this Contract shall survive the termination of this Contract and shall remain operative until the time that all potential claims or potential civil actions by the parties or by third parties shall expire under existing law.

4.26.6. If any policies are written on a claims-made basis, Contractor shall not discontinue or change liability insurance policies in effect during any part of this Contract without buying an extended reporting period to cover potential claims that may have occurred during the term of this agreement.

4.26.7. Upon execution of this Contract, the Contractor shall furnish UWM with a certificate of insurance, showing evidence of the above requirements. Certificate must be submitted and approved by UWM before any work under this Contract may begin.

4.26.8. Contractor shall notify UWM immediately upon the commencement of any litigation against Contractor where there is any possibility the Board of Regents of the University of Wisconsin System and/or UWM may be made a party thereto.

4.27. RECYCLED MATERIALS: The State of Wisconsin is required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders are encouraged to bid products with recycled content which meet specifications.

4.28. ANTI-KICKBACK ACT of 1986: (41 USC 51 et. seq): To the extent required by law, the officer or employee responsible for submitting this Bid shall certify, in accordance with 48 CFR 52.203-7, to the best of their knowledge, that they have no information concerning the violation of the Anti- Kickback Act in connection with the submitted bid. Signing the Bid with a false statement shall void the submitted Bid and any resulting contract(s).

4.29. FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this Agreement is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P.O. Box 7846, Madison, WI 53707-7846; telephone (608) 261-7577.

4.30. FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this Agreement in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

4.31. PROMOTIONAL ADVERTISING / NEWS RELEASES: Reference to or use of the State of Wisconsin, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of UWM. Release of broadcast e-mails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.

Contractor shall not report or release information concerning University of Wisconsin System or its campuses students, employees or customers to third parties without UWM’s prior written approval. Any such report or release of information shall, at a minimum, comply with those requirements enumerated in the Gramm-Leach-Bliley Act, 15 USC 6801 et seq., University standards for safeguarding such information, and all other applicable laws regarding consumer privacy

4.32. REPORT OF CHILD ABUSE OR NEGLECT: If, in the course of providing services to UWM, contractor (or its agent or 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 agent or 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 UWM’s Child Abuse and…