KK23-02-A Cell TowerLeaseConsult RFP.docx

Release Date:: 11/07/2022 REQUEST FOR PROPOSAL: KK23-02-A Kathy Kercheck: uwmbids@uwm.edu Official Sealed

Cell Tower Leasing Consulting Services

Questions Due Date: 11/15/2022 12pm

There will be no public opening.

Proposal Due Date: THUR 12/01/2022 12pm CST

(Do not wait until the last minute to send. All replies after 12:00pm EXACTLY will be rejected. Replies sent to ANY email other than uwmbids@uwm.edu will be rejected.)

RFP Responsiveness: To be responsive, proposers must submit the following materials, or your proposal may not be considered for award:

MANDATORY: Exhibit A: Cost Sheet Attachment A: Must be included as a separate attached file.

MANDATORY: Exhibit B: Bidder Required Form (Attached within) ALL SECTIONS except #4 are mandatory.

MANDATORY: Exhibit C Proposal Response

MANDATORY: Two letters of reference MUST be attached/included. See 4.2.2.4 OPTIONAL: Any exceptions to Contract Terms and Conditions. See Section 3.1. (Proposers to Label Exceptions)

University of Wisconsin Milwaukee Purchasing Office

Contents

GENERAL INFORMATION

Purpose The University of Wisconsin Milwaukee hereinafter referred to as “UWM" or “University”, through its Purchasing Department, on behalf of the division of Finance and Administrative Affairs, requests proposals for the purchase of communications tower leasing consulting services.

See Requirements and Specifications (Section 4) for the minimum acceptable specifications for items/services desired. The University does not guarantee to purchase any specific quantity or dollar amount. This contract must not be construed as mandatory upon any University campus, State agency or municipality. The University reserves the right to issue separate proposals when deemed in the best interest of the University.

Scope and Background

The University of Wisconsin – Milwaukee (“UWM”) is a dynamic community and a major research institution, serving over 24,000 students. UWM is located on the northeast side of Milwaukee, near Lake Michigan, in a primarily residential neighborhood. UWM hosts signal transmission and reception equipment from various cellular service providers on rooftops of multiple campus buildings.

UWM hosts a variety of communications providers across multiple structures on its campus. It seeks consulting services to help negotiate relationships with these providers, including determinations of appropriate pricing and terms. Most agreements have been recently renewed and are scheduled to expire between 2036 and 2045. Each carrier has a separate agreement, for each site.

UWM has Lease Agreements with:

Current agreements are leased for use of the rooftop/equipment spaces. UWM currently pays under an hourly fee (not revenue share) model.

SCOPE OF WORK

Provide advice on pricing and contractual terms related to communication tower facility users, negotiate such terms with users, draft related documentation, (contracts, letters, etc.) as needed, and ensure contract agreements are being followed.

The selected consultant will work closely with UWM’s division of Financial and Administrative Affairs (including its legal and facilities departments.)

Organization of this Solicitation Document This document is divided into five (5) main sections. The five (5) main sections are:

· Section 1 – General Information (generally states the intent of the solicitation and submittal instructions).

· Section 2 – Preparing and Submitting a Proposal.

· Section 3 – Terms and Conditions of Contract (contains performance clauses that will become part of any awarded contract).

· Section 4 – Requirements and Specifications (technical and other specifications for the proposal).

· Section 5 – Evaluation and Award of Contract(s) (contains details of the evaluation process).

Definitions The following definitions are used throughout this document:

· Agent means University Procurement Agent responsible for this Request for Proposal.

· Confidential Information shall mean information or data that may be exempt from disclosure to the public or other 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

· Contractor means successful Proposer awarded the contract.

· Deliverables shall mean data and products produced under this Contract including but not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, Software documentation, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions, to the extent provided by law

· DVB means Disabled Veteran-Owned Business.

· Proposal means Request for Proposal.

· Proposer means a firm submitting a bid in response to this Request for Proposal. Proposer also means Bidder, which is used in Exhibit B “Required Bidder Form”

· MBE means Minority Business Enterprise.

· RFP means Request for Proposal.

· SOW shall mean Scope of Work for an individual service engagement. Scope of Work is an agreement where specific work to be performed is described, including any milestones, reports, deliverables, and Work Product that are expected to be provided by the Contractor. The SOW should also contain a timeline for all deliverables/Work Product

· 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.

E-Supplier Registration 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. Registration on the State of Wisconsin’s Wisconsin e-Supplier Portal is available free of charge to all businesses and organizations that want to sell to the state or University system. Only vendors who are registered in Wisconsin’s e-Supplier Portal are guaranteed to receive notice of State of Wisconsin solicitation opportunities in their commodity or service area. To register with Wisconsin e-Supplier Portal navigate to: https://esupplier.wi.gov. Registration allows a vendor to:

· Register for a bidders list for commodities/services that the vendor wants to sell to the state.

· Receive an automatic e-mail notification each time a state agency, including the University of Wisconsin System campuses, posts a Request for Bid (BID) or a Request for Proposal (RFP) with an estimated value over $50,000 in their designated commodity/service area(s).

· Receive an e-mail notification of addendums/amendments relative to the BID or RFP.

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.

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. Please contact kkerchec@uwm.edu to make a reasonable accommodation request.

PREPARING AND SUBMITTING A PROPOSAL

Applicable Dates Date

11/07/2022

11/15/2022, 12 pm CST

12/012022, 12pm CST (Thur)

Event

Date of Issue of the RFP

Written questions due

RFP Due Date

Submittal Instructions PROPOSALS MUST BE EMAILED TO: Kathy Kercheck at uwmbids@uwm.edu The University accepts completed proposals e-mailed to uwmbids@uwm.edu in the uwmbids email box prior to the stated due date and exact time. The Time of Email Receipt of bid to uwmbids@uwm.edu will be considered the time stamp.

Proposals received after the due date will be considered late and will not be accepted as a legitimate proposal. Submitting a proposal to any other e-mail address than uwmbids@uwm.edu does not constitute receipt of a valid proposal by Procurement. Proof of transmission does not constitute proof of receipt. Do not risk emailing your proposal at last minute.

Email submissions may not be greater than 30 megabytes. Any email file greater than 30 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed responses were received by the Purchasing office prior to proposal due date.

Electronic or digital signatures are acceptable.

RFPs will be opened via the Teams link listed on first page securely. The response should be organized, and each section should be clearly marked. The contents within each tab should reference the section or exhibit number assigned in the RFP. Failure to submit as indicated may disqualify your proposal.

Incurring Costs The State of Wisconsin is not liable for any cost incurred by proposers in replying to this RFP.

Oral Presentations, Product Demonstrations, and Proposer Location Site Visits (Pre-Award) The University, at its sole discretion, may require oral presentations, product demonstrations and/or proposer location site visits to validate information submitted with the proposals. Failure of a proposer to conduct a presentation on the date scheduled or allow an on-site/proposer site visit may result in rejection of the proposal. These events cannot be used as an opportunity to alter proposals submitted.

Clarifications and/or Revisions through Designated Contact All communications and/or questions in regard to this request must be in writing and must reference proposal number. . Proposers are required to e-mail written questions to the Agent at uwmbids@uwm.edu. Violation of this condition may be considered sufficient justification for bid rejection. The deadline for any question is set forth on cover page and Applicable Dates section.

If a Proposer discovers any significant ambiguity, error, conflict, discrepancy, omission or other deficiency in this RFP, they have five (5) business days after the scheduled Bidder Conference, to notify, in writing, the Agent at the address shown below of such error and request modification or clarification of the RFP document.

Kathy Kercheck UWM Procurement uwmbids@uwm.edu If a Proposer fails to notify the Purchasing Office of an error in the RFP document which is known to the Proposer, or which should have reasonably been known to the Proposer, then the Proposer shall submit an RFP response at the Proposer’s risk and if awarded a contract, shall not be entitled to additional compensation or delivery or installation time by reason of the error or its later correction. Should it become necessary to provide additional clarifying data or information, or to revise any part of this RFP, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

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

Multiple Proposals N/A Proposers who wish to submit more than one proposal may do so, provided that each proposal stands alone and independently complies with the instructions, conditions and specifications of the request. If multiple responses are submitted, the University reserves the right to select the most advantageous proposal to the University.

Proprietary Information Any information contained in the Proposer’s response that is proprietary must be detailed in Exhibit B Required Bidder Form 3832. 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 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:

Brent Tilton, Director of Procurement – UW Shared Services btilton@uwsa.edu

The complete protest must be received by the Director of Procurement 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 University of Wisconsin, Director of Procurement, within five working days after denial by the University, with a copy of such appeal filed with the University.

TERMS AND CONDITIONS OF CONTRACT

Entire Contract A contract will be awarded based on the criteria established in this Request for Proposal, including attachments and any amendments issued. The RFP, the proposal 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:

Any other terms and conditions provided by the Proposer with the proposal 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 RFP should be submitted with your response and alternative language proposed.

(Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the proposer's letterhead, signed, and attached to the proposal response as an attachment. Each deviation and exception must be identified by the section, page and paragraph to which it applies. In the absence of such statement, the proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder/proposer shall be held liable.

Submitting a standard Proposer 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 proposal.

The University reserves the right to negotiate contractual terms and conditions or reject the Proposer‘s response and proceed to the next qualified proposer. Acceptance of any contract term or condition proposed is at the sole discretion of UWM.

RFP Manager and Contract Administrator Any correspondence must include reference to RFP KK23-02-A and be sent to the RFP Manager during the solicitation. The Contract Administrator is authorized to give the approvals required and/or issue amendments or addendums under this contract on behalf of the University.

A. The RFP Manager for this procurement is: Kathy Kercheck uwmbids@uwm.edu

Term of Contract

It is the intent of the University to start the resulting Contract upon successful negotiations. The contract shall be effective on the contract execution date and shall run for two (2) years from that date, with the option to renew for 2 (two) additional two year terms.

This contract shall automatically be extended into its next term, unless the Contract Administrator is notified in writing by the Contractor; or the Contractor is notified by the Contract Administrator in writing per termination clause 3.4

The original contract term or any renewal period may be extended at UWM’s request on a month-to-month basis for a period not to exceed six (6) months for the purpose of completing a future solicitation or transition to a new Supplier. Contract conditions, terms and pricing shall not be modified during such a month-to-month extension.

Contract Termination

3.4.1 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.

3.4.2 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 any specifications, not adhering to the agreed upon timelines of delivery, or failure to adhere to any of the Terms, Conditions or Specifications.

Time is of the essence in this Contract. The acceptance of late performance with or without objection or reservation by the University shall not waive any rights of the University nor constitute a waiver of the requirement of timely performance of any obligations on the part of Contractor remaining to be performed.

3.4.3 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.

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

3.4.5 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.

3.4.6 All notices of performance failure must be submitted in writing to kkerchec@uwm.edu Procurement shall be final authority for all performance failure determinations not resolved through the ordering department.

3.4.7 Limitations of Liability: The parties agree that Contractor’s liability for damages under this Contract shall in no event exceed the amount of fees paid by the University provided that this limitation of liability shall not extend to Contractor’s liability for its breach of copyright or trade secret or trademark rights in the US, damages arising from its tortuous conduct that causes death or personal injury or damages to tangible property, or breach of privacy due to negligence.

Orders

N/A Firm Prices Prices must remain firm for the initial contract term. Prices established may be lowered due to general market conditions or negotiations between the Contractor and the University.

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

Payment Terms UWM will compensate the Contractor on a fixed hourly fee basis. Payments to the Contractor will be made based upon monthly invoices. The State of Wisconsin normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified.

The Contract will also allow for future engagements, if requested, a project price not to exceed total.

Invoicing Requirements

3.8.1 Invoices for Purchase Orders:

Contractor must agree that all invoices and purchasing card charges shall reflect the prices and discounts established for the items on this contract for all orders placed even though the contract number and/or correct prices may not be referenced on each order.

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt by University Accounts Payable. Before payment is made, it also must verify that all invoiced charges are correct as per this Contract. Only properly submitted invoices will be officially processed for payment. Prompt payment requires that your invoices be clear and complete in conformity with the instructions below. All invoices must be itemized showing:

· Contractor name

· remit to address

· purchase order number

· date of order/release

· item manufacturer’s name or abbreviation (if applicable)

· complete item description identical to those stated in proposal

· prices per the Contract At the discretion of Procurement, invoices not reflecting the correct discount or net prices may be short paid or disputed.

3.8.2 Services shall be billed on a hourly rate as stated on the Cost Proposal of the awarded proposer. UWM reserves the right to determine in its sole discretion whether services have been adequately and fully delivered; to withhold payment until services are fully and adequately delivered; or to disallow a pro rata share of payments for services not fully and adequately delivered.

F.O.B. and University Imports

NA

Employment The Contractor will not engage the services of any person or persons now employed by the State of Wisconsin unless employed in the ordinary course of business, including any department, commission or board thereof, to provide services relating to this agreement without the written consent of the employing agency of such person or persons and of the contracting agency.

Requirements for Criminal Background Checks

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.

If, in the course of providing services to UWM, 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 the UW campus or during a UW-sponsored activity, the Contractor shall also report to the UW Police Department or UW’s Office for Equity and Diversity.

The University has a zero-tolerance policy for any acts of discrimination or harassment against its affiliated members. Any employee of the awarded bidder found to be harassing an individual will be removed from campus immediately.

See University Discrimination, Harassment, and Retaliation Policy https:/uwm.edu/legal/discrimination Travel Per Diems In carrying out the scope of this Contract, if any on-site visits are required, all of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility. Payment to the Contractor by the University shall not include an additional amount for this purpose. (The rates established for the various resources provided shall be inclusive of all administrative, travel, overhead and support necessary for them to carry out their work. The rates shall not be invoiced to the University:

Campus Delivery Requirements

NA

Acceptance and Testing (Post Award)

NA

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

Additional Insured Provision 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 professional liability policies.

Activity Reports Contractor must be able to report on a semi-annual basis all items/services purchased against this contract during the designated report period, including but not limited to:

· date of order/release

· item manufacturer’s name or abbreviation (if applicable)

· complete item description including catalog, model and/or stock number(s) identical to those stated in proposal

· prices per the Contract 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.

Performance Meetings The Account Representative and/or Proposer Contract Administrator must be available to meet if requested with the University's Contract Administrator to evaluate contract implementation and performance and to identify continuous improvement.

Subcontracting

3.19.1 Any Contract resulting from this proposal 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.

3.19.2 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.

3.19.3 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.

Fair Price Analysis Purchases made under this contract may require further fair price analysis. The awarded Proposer will be required to provide documentation (i.e. published price list, list of previous buyers, etc.) to allow the University to complete this analysis.

Severability 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.

Environmentally Friendly (Green) Products

NA

Supplier Diversity Minority Business Enterprise Program (MBE) The State of Wisconsin is committed to the promotion of minority business in the state's purchasing program and a goal of placing 5% of its total purchasing dollars with certified minority businesses. Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin Statutes. The University of Wisconsin 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.

Woman Owned Business (WBE) Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program State certified WBEs are able to provide both governmental entities and private companies with a credible recognition of the business' ownership. The WBE certification may serve as an additional marketing tool when seeking contract opportunities with entities that place a value on having a diverse supplier base. There is no price preference for certified WBEs that compete for State Contracts.

A listing of certified WBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx Disabled Veteran Owned Business (DVB) Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

The Supplier/Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Supplier Diversity Program and their Contract amount.

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

Electronic Commerce / Online Ordering Customers of this contract may want to take advantage of electronic ordering and “E-Commerce” opportunities that may be offered by the Contractor. All electronic orders shall receive contract pricing and/or discounts.

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

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

Independent Proposer The parties hereto agree that the Proposer, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent Proposer and not as an officer, employee, or agent of UWM or the State. Proposer agrees to take such steps as may be necessary to ensure that each subProposer of the Proposer will be deemed to be an independent Proposer and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the state.

REQUIREMENTS AND SPECIFICATIONS

Mandatory Requirements This section describes all information that must be presented to have a compliant response to this RFP. You should respond in the same sequential fashion as presented in this section. Please format your response to correspond numerically with items listed. Evaluators will not be expected to pull the responses from an otherwise organized presentation of your qualifications and financial package. Each of the requirements must be responded to in the format and order presented in each section even if the answer is simply yes or no.

These requirements 4.1.1 through 4.1.7 are in the table found in section 8 ATTACHMENT C BID RESPONSE.

General Requirements Proposer must provide a complete and detailed narrative response to all requirements that can be fulfilled. Failure to respond to all items in this section may be deemed as sufficient reason to reject a proposal. The proposer’s response to this subsection must clearly demonstrate the capacity to handle the needs stated in this proposal in addition to the Proposer’s current workload. The University reserves the right to request supplementary information deemed pertinent to assure proposers competence, business organization, and financial resources are adequate to successfully perform services.

NOTE: Failure to respond to all items in this section may be deemed as sufficient reason to reject any proposal. Points cannot be awarded where responses are not provided.

The services to be furnished by the consultant pursuant to this RFP shall include, but are not limited, to the following:

(1) Provide current market pricing models, including pricing relating to initial installations, periodic increases, and subsequent upgrades.

(2) Assess market competitiveness based on existing and proposed leases.

(3) Provide insight on strategic contracting issues.

(4) Negotiate with communications tower users.

(5) Provide documentation relating to communication tower use

(6) Ensure communication companies and associated contractors follow process/procedures in signed agreements/contracts. Review requests for changes/additions to existing equipment.

All of the Contractor’s travel and per diem expenses shall be the Contractor’s sole responsibility.

Company Information – 100 points

4.2.1.1 .All assigned senior consultants must have previously been engaged to perform a similar scope of work to Section

1.2. Please document how your consultants meet these requirements including roles and experience.

4.2.1.2 Describe your firm’s experience leveraging past projects to improve efficiency and outcomes on current projects.

4.2.1.3 Demonstrate your financial and operational ability to provide the services required in this RFP.

4.2.1.4 Provide a brief (less than one page) general history of your firm. Proposer should have demonstrated ability to retain highly skilled, qualified senior consultants.

Experience – 300 points

4.2.2.1 Provide documentation describing the educational and work experiences that relate to the service requirements in 1.2 and 4.1. Extra consideration will be given to proposers with extensive experience providing the services required in this RFP.

d

4.2.2.2 See page 16 bidder references. Must list a minimum of 3 references of comparable clients you have worked with in last five years.

4.2.2.3 Provide a resume for the individuals who will be assigned to perform the services described in section 1.2 and designate who will have primary responsibility for such services. Indicate the specific role the listed individual(s) had in the above-referenced services Also briefly describe the type of staff support this individual will have access to within your organizational structure Experience with governmental/institutional clients should be highlighted.

4.2.2.4 Please provide two letters of reference from clients similar in scope to this RFP request.

4.2.2.5 What unique capabilities does your firm provide towards representing UWM’s interests.

4.2.2.6 Current Assignments: Provide a statement concerning your firm’s ability to devote sufficient time and resources to this project in relation to existing assignments the firm and the above-named individual(s) are currently involved with or will become involved with through the contract term

Technical Capabilities and Approach to Meeting Specification Requirements– 300 points

4.2.3.1 Demonstrate success in negotiating agreements with communications companies on behalf of client(s).

4.2.3.2 Please provide example or description of how you ensure existing contract expectations/requirements are followed or when amendments to add equipment are needed.

4.2.3.3 Describe what you would typically expect from a client to make an engagement successful.

4.2.3.4 What would you anticipate being the greatest challenge(s) in following through on recommendations, and how is your organization is poised to assist in addressing these challenges?

4.2.3.5 Describe your company’s approach to collaborative activities with clients including leadership, communication and team dynamics

4.2.3.6 Demonstrate ability to communicate information clearly and professionally relevant to a client’s priorities and goals. Contractor must have strong public speaking/presentation skills.

EVALUATION AND AWARD OF CONTRACTS

Proposal Scoring Proposals meeting mandatory requirements will be reviewed by an evaluation committee and scored against the stated criteria. If no proposer is able to comply with a given specification or mandatory requirement, Purchasing reserves the right to delete that specification or mandatory requirement. In the event that all proposers do not meet one or more of the mandatory requirements, Purchasing reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP. The committee may, at its sole discretion, review references, request oral presentations, and conduct an on-site visit and use the results in scoring the proposals. Proposals from certified Minority Business Enterprises or Disabled Veteran-Owned businesses may have points weighted by a factor of 1.00 to 1.05 to provide up to a five percent (5%) preference to these businesses. The evaluation committee's scoring will be tabulated and proposals ranked based on the numerical scores calculated.

Scoring Criteria and Method For each response required of the Proposer in Section #4, the points provided in parentheses represents the total possible points available for each response. The responses will be evaluated based on the relative merits to the needs of the University (rather than relative to competing Proposer’s responses). The proposals will be scored independently by each committee member and the resulting scores will be averaged to determine the highest scoring proposal.

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 proposal when that qualified proposal is not more than 5% higher than the apparent low proposal 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.

5.2.1 The lowest priced proposal will receive 100% of the allotted cost points. All other proposals will be scored using the formula as follows:

Calculation of points awarded to subsequent proposals will use the lowest dollar proposal amount as a constant numerator and the dollar amount of the firm being scored as the denominator. This result will always be less than one. The result is then multiplied by the number of points given to the cost section of the RFP.

5.2.2 For all other non-pricing related responses, points will be awarded relative to the needs of UWM, as solely determined by the evaluation committee members.

Only proposals that have received 300 points or greater on Section 4.2 will have the Cost Proposals scored. A proposal that receives less than 300 points in Section 4.2 will be ineligible for further consideration.

Proposals will be evaluated based on the following factors, with a highest possible score of 1000 points:

300– Cost: Reasonableness of the cost (Exhibit A ) will be scored by RFP Manager

Best and Final Offers At the sole discretion of the University, those proposer(s) most likely to be awarded a contract may be requested to submit a Best and Final Offer in order to further clarify the deliverables, contract language, or costs presented in the Proposer’s RFP. If Best and Final Offers are requested, they will be evaluated against the stated criteria, scored and ranked by the evaluation committee. The award will then be granted to the highest scoring Proposer. There is no obligation on the part of the University to request Best and Final Offers from any or all of the Proposers responding to the RFP.

Contract Award The contract will be awarded to the highest scoring Proposer providing contract negotiations are successful.

Notification of Award All proposers who respond to this RFP will be notified in writing of the University's award of contract(s) as a result of this RFP. After the AWARD is made, and Contract is signed by UWM and awarded vendor, records may be available for public inspection. Copies of proposals will be available for public inspection, in whole, except for any and all materials deemed to be confidential and proprietary information Proposers must schedule document inspection with the Contract Administrator responsible for managing this RFP.

EXHIBIT A – COST PROPOSAL FORM

Instructions: Download Exhibit (Attachment) A, available as one of the Vendornet RFP documents, complete, and include as a separate attachment to your email RFP reply. Please DO NOT INCLUDE IN A PDF WITH OTHER REQUIRED MATERIALS. You can include Cost Sheet in the same email, but this document must be a single intact file.

If UWM has significant special session issues which require additional services, UWM will generate a proposal for the additional services.

If Bidder/Proposer would like any other information considered with respect to pricing, this information should also be included in the Cost Proposal section.

EXHIBIT B – Required Bidder Form DOA 3832

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-3832 (R 07/2019)

S. 16.72 WIS. STATS

Instructions: Bidder is required to complete all sections of this form. (Note: If the agency checks the box preceding Section 5 indicating that section is not applicable to the bid/proposal, Bidder may skip Section 5. Bidder may not skip any other sections of this form).

To be completed by the agency:

Agency Name UW-Milwaukee

Solicitation Title Cell Tower Lease Consulting Services Solicitation Reference Number

KK23-02-A

Section 1: Bidder Information

Phone Number:

Toll Free Phone:

Address:

Mailing Address for Purchase Orders (if different than above)

Address:

City:

Section 2: Bidder Contacts List the name and title of the person to contact for questions related to each of the topics below:

Topic

Bid/Proposal

Affirmative Action Plan

Orders and billing

Section 3: Bidder Reference Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) used with requirements similar to those included in this solicitation document. List references used within last 5 years. MUST list at least 3. If vendor is proposing any arrangement involving a third party, the named references should also be involved in a similar arrangement.

Company Name:

Address (including City, State, Zip):

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