MIlk and Dairy Products Bid Document fianl.pdf

State of Wisconsin Wis. Statutes s.16.75

DOA-3070 (R08/2003)

BIDS MUST BE SEALED AND ADDRESSED TO: Remove from bidder list for this commodity/service. (Return this page only.)

AGENCY ADDRESS:

University of Wisconsin Platteville Purchasing Office /Lewis Bettinger 2201 Ullsvik Hall 1 University Plaza Platteville, WI 53818-3001

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid

# _LB-2726. Late bids will be rejected. Bids MUST be date and time stamped by the soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e., not included with sample packages or other bids. Bid openings are public unless otherwise specified. Records will be available for public inspection after issuance of the notice of intent to award or the award of the contract. Bidder should contact person named below for an appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date of bid opening, unless otherwise noted. The attached terms and conditions apply to any subsequent award. REQUEST FOR BID THIS IS NOT AN ORDER Bids MUST be in this office no later than

October 18th, 2018 3:00 PM BIDDER (Name and Address)

Name (Contact for further information)

Lew Bettinger

Phone

(608) 342-1221

Date

October 1, 2018

Quote Price and Delivery FOB

Destination

XFax bids are accepted Fax bids are not accepted

Item No.

Quantity and Unit

Description Price

Per Unit

Total

FLUID MILK AND DAIRY PRODUCTS to be delivered to University of

Wisconsin – Platteville, Wisconsin per the attached Conditions of Bid and specifications on the bid forms. Order period: November 1, 2018 through August 31, 2019 with four (4) possible one (1) year renewal options.

Notice: Quantities shown on the bid sheets are estimated Annual quantities based on the previous fiscal year. They are strictly for bid evaluation purposes. Actual quantities will be Determined. Unit prices quoted should be for the unit of purchase as shown in the quantity and unit column i.e., lb., cs. It is the bidder’s responsibility to read and note the Special Conditions of the Bid. Failure to do so does not exempt the bidder from complying with those conditions. Bidders shall complete and return this form and two (2) copies of the Itemized Bid List.

Payment Terms Delivery Time

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Department of Commerce. If you have questions concerning the certification process, contact the Wisconsin Department of Commerce, 5th Floor, 201 W. Washington Ave., Madison, Wisconsin 53702, (608) 267-9550. Does Not Apply to Printing Bids.

We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.

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

In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.

Name of Authorized Company Representative (Type or Print)

Title

Fax ( ) e-mail.

This form can be made available in accessible formats upon request to qualified individuals with disabilities.

UNIVERSITY OF WISCONSIN PLATTEVILLE

REQUEST FOR BIDS (RFB) # LB-2726

FOR:

TABLE OF CONTENTS

1.0 INTRODUCTION AND PURPOSE

2.0 BID PROCEDURE AND INSTRUCTIONS

3.0 BID ACCEPTANCE, EVALUATION AND AWARD

4.0 DELIVERY

5.0 EQUIPMENT PROVIDED BY CONTRACTOR

6.0 GRADE AND REGULATIONS

7.0 PACKAGING, LABELING AND DATE CODING

8.0 PRODUCT IDENTIFICATION

9.0 DETAILED PRODUCT SPECIFICATION

10.0 PRODUCTS ITEMIZED

11.0 SAMPLES

12.0 EMERGENCY PRODUCT SUBSTITIONS

13.0 NEW AND DELETED PRODUCTS

14.0 ESTABLISHMENT INSPECTION

15.0 THEFT

16.0 PRICING STRUCTURE

17.0 C.M.P.C. PRICING

18.0 BIDDER QUALIFICATIONS

19.0 METHOD OF BID

20.0 METHOD OF DETERMINATION AND AWARD

21.0 PURCHASE ORDERS

22.0 METHOD OF ORDERING

23.0 METHOD OF INVOICING

24.0 DELIVERY CONDITIONS

25.0 ADDITIONAL INFORMATION

26.0 REQUIRED FORMS

- Signed REQUEST FOR BID SHEET

- ATTACHMENT A

- BIDDER REQUIRED FORM (ALL SECTIONS)

27.0 TERMS AND CONDITIONS

DEFINITIONS

For the purposes of this Request for Bid and resulting Contract(s), the following definitions of terms shall apply, unless otherwise indicated:

Agency: Office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and courts, but not including an authority.

ARO: After Receipt of Order Authorized Any state agency, University of Wisconsin campus, or other state or local public body User authorized to use statewide contracts, as established in §§ 16.70 (1b), (1e), (2), (4) and (8),

16.73 and 66.0301 of the Wisconsin Statutes and § PRO-D-30 of the State Procurement Manual.

Bid A price quotation specifically given to a prospective purchaser by a prospective seller; a bid is not an offer to sell.

Bidder: Person or firm submitting a bid in response to requests for bids.

Broker Someone who acts as an agent for others, as in negotiating contracts, purchases or sales in return for a fee or commission.

Business Days Monday through Friday, excluding state holidays.

Contractor: Person or entity providing equipment, materials, supplies, contractual services to a contracting agency of the State.

Contract Designated University of Wisconsin Platteville staff personnel.

Manager F O B 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. The seller is responsible for filing claims for loss or damage.

Lowest Person or firm submitting the competitive bid with the lowest price that meets the specifications

Responsible contained in the requests for bids. In establishing the lowest responsible bidder, all of

Bidder the following factors may be considered.

(a) The financial ability to provide the services required or to complete the contract;

(b) The skill, judgment, experience, and resources to complete the contract;

(c) The necessary facilities, staff, personnel, and equipment to complete the contract;

(d) The demonstrated ability to satisfactorily perform the work or provide the materials in a prompt, conscientious manner;

(e) The demonstrated ability to comply in situations where the award is contingent on special considerations subject to the nature of the services or contract required; and

(f) Any other factor determined to be relevant in assessing the bidder’s ability to supply are required. (Adm. 6.01 (9))

MBE: Minority Business Enterprise Procurement Process of obtaining goods, including all activities from the planning process, preparation of a requisition, through receipt and approval of the final invoice for payment.

Procuring State Agency which conducts the purchasing transaction.

Agency Purchasing: University of Wisconsin Platteville Purchasing Department RFB: Request for Bid including all documents use for soliciting bids.

Specification Description of what the procuring agency requires and consequently, what a bidder must offer to be considered for an award. A specification may be a description of the physical or functional characteristics, or the nature of a supply. It may include a description of ant requirement for inspecting, testing, or preparing a supply item for delivery, the necessary performance criteria, and a description of the procedures to be followed when submitting and evaluating bid.

State: State of Wisconsin Vendor: Firm submitting a bid in response to this Request for Bid May Discretionary Must: Requirement is mandatory Shall: Requirement is mandatory Should: Desired but not mandatory

1.0 INTRODUCTION AND PURPOSE:

1.1 SCOPE: The University of Wisconsin Platteville, through its Purchasing Services Department on behalf

Dining Services of intends to utilize this bid to furnish fluid milk and dairy products as listed on the

Itemized Bid List attached and like items for the Dining Services at the University of Wisconsin Platteville at Platteville, Wisconsin (University). All products shall be furnished in accordance with the specifications and provisions listed in this document.

1.2 REASONABLE ACCOMMODATIONS: University of Wisconsin Platteville (the University) will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you think you need accommodations at a bid opening/vendor conference, contact Lewis Bettinger at 608-342-1221 (voice) or 608-342-1220 (FAX).

1.4 OVERVIEW OF PROCURING AGENCY: The University of Wisconsin-Platteville is located in

Southwestern Wisconsin in Platteville Wisconsin a city with a population of some 11,000. Student enrollment is approximately 7,500, 90 percent of which are undergraduates of those 2700 students live in

10 on campus resident halls.

1.5 CONTRACT LENGTH: This bid will cover one year period with a possible four (4) one (1) year extensions beginning November 1, 2018 through August 31, 2019.

1.5.1 Automatic Renewal Clause

This contract shall automatically be extended into each of the successive four years unless the University of Wisconsin-Platteville Purchasing Office is notified, in writing, by the contractor, or notifies the contractor, in writing, one hundred twenty (120) days prior to expiration of the initial and/or succeeding contract period of intent to not renew.

1.6 METHOD OF AWARD: The award will be based upon the low total from the lowest responsive, responsible bidder. Award of the bid will be based on lowest cost available from a vendor that meets the described specifications. The University reserves the right to select alternate supply sources based on performance criteria. Any and all service and/or handling fees must listed in the bid response. Any charges not listed in the bid response will not be accepted. The University reserves the right to reject any and all bids. This agreement may be modified at any time by mutual agreement of both parties.

1.7 TERMINATION AND CANCELLATION

1.7.1 TERMINATION FOR CAUSE

The State of Wisconsin may terminate the Contract after providing the Contractor with 30 calendar days written notice of the Contractor’s right to cure a failure of the Contractor to perform under the terms of this Contract.

The Contractor may terminate the Contract after providing the State 120 calendar days’ notice of the State’s right to cure a failure of the State to perform under the terms of the Contract.

Upon the termination of the Contract for any reason, or upon Contract expiration, each party shall be released from all obligations to the other party arising after the date of termination or expiration, except for those that by their terms survive such termination or expiration.

1.7.2 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 30 calendar days’ notice to the Contractor, and the Contractor providing at least 120 calendar days’ notice to the State 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.

1.7.3 TERMINATION FOR CHANGE IN LAW

This Contract may be terminated either by mutual agreement or at the discretion of the State following any amendment to, or judicial interpretation of, Federal or State law that:

Renders performance, enforcement or compliance with the totality of the Contract impossible, patently unreasonable, or unnecessary

Renders accomplishment of the Contract’s objectives impossible, patently unreasonable, or unnecessary.

1.7.4 CONTRACT CANCELLATION

The State of Wisconsin reserves the right to cancel the Contract in whole or in part without penalty if the Contractor:

Breaches or defaults an obligation under the Contract as follows:

Fails to perform any material obligation required under the Contract;

Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;

Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day notice;

Makes an assignment for the benefit of creditors;

Fails to follow the sales and use tax certification requirements of s. 77.66 of the Wisconsin Statutes;

Incurs a delinquent Wisconsin tax liability;

Fails to submit a nondiscrimination or affirmative action plan as required herein;

Fails to follow the nondiscrimination or affirmative action requirements of subch.

II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law);

Becomes a federally debarred Contractor;

Is excluded from federal procurement and non-procurement Contracts;

Fails to maintain and keep in force all required insurance, permits and licenses as provided in the Contract;

Fails to maintain the confidentiality of the State’s information that is considered to be Confidential Information, proprietary, or containing Personally Identifiable

Information, or

Contractor performance threatens the health or safety of a State or municipal employee.

1.8 VENDORNET REGISTRATION

Only vendors registered with the State of Wisconsin’s VendorNet will receive future official notice for this service/commodity. The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the University. Anyone may access

VendorNet on the Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies, goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web site address for inclusion on the bidders list for goods and services that the organization wants to sell to the state. A subscription with notification guarantees the organization will receive an e-mail message each time a state agency, including any campus of the University of Wisconsin System, posts a request for bid or a request for proposal in their designated commodity/service area(s) with an estimated value over $25,000. Organizations without Internet access receive paper copies in the mail.

Increasingly, state agencies also are using VendorNet to post simplified bids valued at $50,000 or less.

Vendors also may receive e-mail notices of these simplified bid opportunities.

1.9 VENDOR AGREEMENTS/CONTRACTS

The University will not sign Vendor-supplied agreements/contracts. Agency Purchase Orders along with this document and any amendments to this document, listing all required and necessary items will serve as the only contract document.

2.0 BID PROCEDURES AND INSTRUCTIONS:

2.1 METHOD OF BID:

Vendors must submit one original set of all materials required for acceptance of their bid proposal by the deadline shown on this Request for Bid form to

USPS ADDRESS

Lewis Bettinger/Purchasing

University of Wisconsin-Platteville

2201 Ullsvik Hall

Platteville, WI 53819-3099

Bid response may be faxed to 608-342-1169 mark to the attention of Lewis Bettinger

Bid responses may be emailed to bettingerl@uwplatt.edu

Bids must be received by the receptionist in the above office. All bids must be time-stamped in by the

University’s Purchasing Office prior to the stated opening time. Bids not so stamped will be considered late. Receipt of a bid by the State mail system does not constitute receipt of a bid by the University’s

Purchasing Office, for purposes of this request for bids.

All bids must be packaged, sealed, and show the following information on the outside of the package:

Vendor's Name and Address

Request for Bids Title

Request for Bids Number

Bid Due Date

2.2 CALENDAR OF EVENTS: Listed below are important dates and times by which actions related to this

Request for Bids (RFB) must be completed. In the event that the University finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

October 1, 2018 Date of issue of the RFB.

October 10, 2018 Questions Due from Vendors

October 12, 2018 Answers to Questions Posted on Vendornet

October 18, 2018 Bids due from vendors 3:00 PM

2.3 FORMAT OF BID: Vendors responding to this RFB must comply with the following format requirements:

a) SIGNED REQUEST FOR BID SHEET: Include the signed Request for Bid sheet included with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB must be signed by the person in the vendor's organization who is responsible for the decision as to the prices being offered in the bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement:

(a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and will not be knowingly disclosed by same, directly or indirectly, to any other respondent or to any competitor, and (c) no attempt has been made or will be made by the vendor's organization or by any agent of the vendor's organization to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

(b) State of Wisconsin Terms and Conditions: These standard and supplemental terms and conditions shall govern this proposal and subsequent award. Vendors must accept these terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point, including any vendor contracts. Submission of any standard vendor contracts as a substitute for language in the terms and conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual terms and conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

(c) ADDITIONAL INFORMATION: Include Attachment A, the completed Vendor Information Sheet

(DOA-3477), Vendor Reference Sheet (DOA-3478), Vendor Agreement (DOA-3333) and any other forms required in the bid. Include all additional information that will be essential to an understanding of the bid.

This might include diagrams, excerpts from manuals, or other explanatory documentation that would clarify and/or substantiate the bid document.

(d) COST INFORMATION: Provide cost information on the Request for Bid sheet or the cost sheets

(Attachment) included in this RFB. All costs for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB must be included.

2.4 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.

2.5 INCURRING COSTS: The University is not liable for any cost incurred by a vendor in the process of responding to this RFB.

2.6 QUESTIONS: Any questions concerning this RFB must be submitted in writing on or before October 10, 2018 to: bettingerl@uwplatt.edu

Vendors are expected to raise any questions, exceptions, or additions they have concerning the RFB document or the attached State of Wisconsin Contract at this point in the RFB process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFB document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be posted on VendorNet.

From the date of release of this RFB, until a Letter of Intent is issued, all contacts with the University regarding this RFB shall be made through this purchasing department. Violation of this condition may be considered sufficient cause for rejection of a proposal, irrespective of any other considerations.

Each bid shall stipulate that it is predicated upon the terms and conditions of this RFB and any supplements or revisions thereof.

2.7 NEWS RELEASES: News releases pertaining to the RFB or to the acceptance, rejection, or evaluation of bids shall not be made without the prior written approval of the University.

3.0 BID ACCEPTANCE, EVALUATION AND AWARD:

3.1 BID OPENING: Bids will be opened on October 18, 3:00 PM in 2201 Ullsvik Hall, UW-Platteville, Platteville, WI.

3.2 BID ACCEPTANCE: Bids which do not comply with instructions or are unable to comply with specifications contained in this RFB may be rejected by the University. The University may request reports on a vendor's financial stability and if financial stability is not substantiated may reject a vendor's bid. The University retains the right to accept or reject any or all bids, or accept or reject any part of a bid deemed to be in the best interest of the University. The University shall be the sole judge as to compliance with the instructions contained in this RFB.

3.3 BID EVALUATION: Bids will be evaluated by the Department's purchasing agent and program manager to verify that they will meet all specified requirements in this RFB. This verification may include requesting reports on the vendor's financial stability, conducting demonstrations of the vendor's proposed products(s) and/or service(s), and reviewing results of past awards to the vendor by the State of

Wisconsin.

Bids from certified Minority Business Enterprises may be provided up to a five percent (5%) bid preference in accordance with Wis. Stats. s. 16.75(3m).

3.4 NOTIFICATION OF INTENT TO AWARD: Any vendors who respond to this RFB, with a bid, will be notified in writing of the State's intent to award the contract(s) as a result of this RFB.

After notification of the intent to award is made, and under the supervision of agency staff, copies of bids will be available for public inspection 8:30 a.m. to 3:00 p.m. at 317 2201 Ullsvik Hall, 1 University Plaza, Platteville WI 53818. Vendors should schedule reviews with Lew Bettinger at 608-342-1221 to ensure that space is available for the review.

4.0 DELIVERY

4.1 Delivery Locations

4.1.1 Deliveries will be required to the cooler in the three (3) locations Greenwood Avenue Market, Bridgeway Commons and the Pioneer Student Center Kitchen.

4.1.2 Minimum delivery charges or stop charges are not acceptable and bids for any item so designated may be rejected. Authorized University personnel must sign all delivery invoices.

4.2 DELIVERY FREQUENCY AND QUANTITIES

4.2.1 All deliveries will be FOB destination cooler with stock rotated by contractor. The contractor will pick up any outdated or products with a broken seal and issue a credit for product returned. Standard delivery days will be Monday, Wednesday, and Friday. Deliveries shall be made to the Greenwood Avenue Market between 8:00 a.m. and 8:45 a.m. Deliveries shall be made to Bridgeway Commons between 8:45 a.m. and 9:30 a.m. Deliveries shall be made to the Pioneer Student Center between 9:30 a.m. and 10:15 a.m. Should an emergency situation occur, the contractor should contact the purchasing locations at numbers designated in Section 28 prior to 8:00 a.m. for late delivery approval.

4.2.2 Delivery service is required to be available five (5) days per week for emergency deliveries which may become necessary.

4.2.3 Quantities listed are one-month total estimates based on usage during an 8-month academic school year (August 20th through December 20th and January 10th through May 10th). Contractor should be advised that University requirements vary drastically during vacation periods (Summer, Winter

Break, Spring Break, etc.).

4.2.4 University Dining Services will, whenever possible, give the contractor advance notice when usage of a particular item substantially increases from the amount specified, or what the norm has been for the bid period.

4.2.5 Delivery requirements will be determined weekly for three (3) delivery locations at the University.

Quantities for the following delivery shall be ordered between 2:00 p.m. and 4:00 p.m. Monday for Wednesday delivery, Wednesday for Friday delivery, and Friday for Monday delivery unless mutually agreed upon.

4.2.6 The quantity of each product delivered shall not exceed, or fall short, of the quantity ordered by more than five percent (5%). The receiving location may, at its option, reject such portions of a shipment that exceed five percent (5%) of the amount ordered. Items short more than the allowable five percent (5%) will be subject to non-delivery penalty.

4.2.7 An itemized packing slip and/or invoice must be provided to receiving personnel at the time of delivery. The University shall inspect items at the time of receipt, noting any discrepancies or visible damage on the contractors delivery receipt. Discrepancies or damages noted must be initialed by the contractor’s delivering agent. When satisfied that the shipment is in proper order and/or all discrepancies have been properly noted and initialed, the receiving person shall sign the contractor’s delivery receipt and keep one copy.

4.2.8 The University reserves the right to reject all or part of a delivery.

4.3 Non Delivery Penalty

4.3.1 The contractor shall notify the University by telephone a minimum of twenty-four (24) hours prior to delivery as to any ordered item being out of stock or shorted. Balance of incomplete deliveries may be cancelled. Shorted items that cannot be supplied by the contractor by date required may be purchased elsewhere by the University. The contractor shall be liable for the difference in cost between the contract price and the price of such emergency purchases.

4.3.2 To liquidate the effect of such costs, the contractor agrees that such costs may be deducted from invoices payable to the contractor. Any amount outstanding over and above the amounts deductible from invoices will be promptly tendered by check by the contractor to the University.

5.0 EQUIPMENT TO BE PROVIDED BY THE CONTRACTOR

5.1 The contractor shall provide six (6) dispensing units that are 2018 models or newer as described below.

These dispensing units shall remain the property of the contractor, and all repairs and/or service required for these dispensing units shall be the responsibility of the contractor.

5.2 The University shall provide electric wall outlets, 115 volts, single phase, 60 cycle, and the electricity for the operation of these dispensing units.

5.3 The size of the dispensing units must conform fairly close to the models specified herein due to space limitations. The appearance of the units shall be compatible with the decor of the dining areas, and the

University reserves the right to approve all equipment prior to installation.

5.4 It is not the intent of the University to dictate the exact equipment required; however, the following guidelines are set forth.

5.4.1 Dispensing units shall operate with their own electric refrigeration unit sufficient to serve the beverage ice cold. Bidders shall indicate the type of dispensing units they propose to furnish, with a brochure and/or description of the units to be included with their quotation. Control thermostat should be located on the back of the unit.

5.4.2 Gravity Flow dispensing units shall accommodate 5-gallon single service box and bag containers.

5.4.3 The dispensing units shall be designated for ease of cleaning and sanitizing.

5.4.4 The contractor is to supply new and clean plastic keeper cases with lids to hold the milk in an upright position in the milk dispensing units. Approximately 40 keeper cases will be needed to be supplied by the contractor for initial startup.

6.0 GRADE AND REGULATIONS (QUALIFIED PRODUCTS)

Fluid Milk and Dairy Products furnished hereunder shall be Grade A and shall be produced in accordance with all applicable Federal and State Regulations. Products shall also meet the requirements of the Wisconsin

Administrative Code, Rules of the State Department of Agriculture and/or City Health Department (if applicable) and be produced in accordance with the rules of, and certified by the State Division of Health. Those establishments outside the State of Wisconsin need to be licensed and inspected by the appropriate state authority. Merchandise delivered must be guaranteed to comply in all respects to all applicable Federal Pure

Food Laws and Regulations, and Wisconsin Laws.

7.0 PACKAGING, LABELING, AND DATE CODING

7.1 Products shall be labeled and packaged in accordance with the Wisconsin Administrative Code, Chapters

Ag. 80.08, and Ag. 80.15 and shall be furnished as stated on the attached bid forms. Packages found to be leaking, shall be held for credit or exchange. The University, as its option, may request that the

Wisconsin Department of Agriculture, Weights and Measures Division, inspect any packages of product that are suspected to be “short filled”. Should any product be judged to be “short filled” the contractor shall replace or financially reimburse the University for all such delivered product.

7.2 Product labeling shall conform to the Wisconsin Administrative Code Chapter Ag. 80 milk and AG. 80.15 and shall be furnished as stated on the attached bid forms. Product labeling shall conform to the

Wisconsin Administrative Code Chapter Ag. 80.16.

7.3 All products furnished shall be dated with the last date product may be sold. Products shall have minimum of seven (7) days shelf life at the time of delivery. If product dating is coded, the coding key shall be furnished to the using University.

8.0 PRODUCT IDENTIFICATION

8.1 Individual packages shall be plainly marked with the kind, variety, count, net content of the individual containers therein, and the name of the manufacturer or packer. Only one brand for each item may be furnished. Unless otherwise specified in the bid, mixed lots varying in brand, origin, or trademark will not be acceptable.

8.2 Shipping containers shall be plainly marked with the kind, variety, number, and net content of the individual containers therein. Any shipped containers received which are not properly marked, as per the instruction above, can be cause for automatic rejection.

9.0 DETAILED PRODUCT SPECIFICATION

9.1 Milk, homogenized, pasteurized, 3.25% minimum milk fat fortified with 400 U.S.P. units of Vitamin D per quart. Item 1

9.2 Milk, Low Fat, homogenized, pasteurized, 2% minimum milk fat fortified with 400 U.S.P. units of Vitamin D and 2000 U.S.P. units of Vitamin A per quart. Item ,2,3,4,5.6,7,8,9

9.3 Milk, Low Fat, homogenized, pasteurized, 1% milk fat, fortified with 400 U.S.D. units of vitamin D and

2000 units of Vitamin A per quart. Item 10

9.4 Milk Skim, homogenized, pasteurized, maximum .5% milk fat, minimum 8.25% milk solids, non fat, fortified with 400 U.S.P. units of Vitamin D and 2000 U.S.P. units of Vitamin A per quart. Item 11, 12, 13,14, 15,16, 17

9.5 Milk, Chocolate Flavored, pasteurized, homogenized, maximum 1% milk fat, minimum 8.5% milk solids, natural cocoa flavoring. Item 18,19,20,21,22

9.6 Milk, skim chocolate flavored, homogenized, pasteurized, maximum .5% milk fat, minimum 8.25% milk solids, non fat fortified with 400 USP units of Vitamin D and 2000 USP units of Vitamin A per quart. Item

24,25

9.7 Milk, strawberry flavored, pasteurized, homogenized, maximum 1% milk fat, minimum 8.5% milk solids, fortified with 400 USP units of Vitamin D and 2000 USP units of Vitamin A per quart. Item 26.

9.8 Buttermilk, cultured, pasteurized, minimum 8.25% milk solids, maximum 1% milk fat, produced from milk or skim milk as previously specified. Item 27

9.9 Cream, Half and Half, UHT, ultra pasteurized, needing no refrigeration, minimum 10.5% milk fat but less than 18% milk fat. Item 43,44.

9.10 Cream, Sour, cultured, minimum 18% milk fat, maximum acidity 0.20% expressed as lactic acid.

Item 31.

9.11 Cream, Sour, cultured, minimum 7% milk fat, maximum acidity .20% expressed as lactic acid. Item 32, 33

9.12 Chip Dip, milk fat maximum 15%, total solids minimum of 26.5%. Items 36, 37.

9.13 Cottage Cheese, Low Fat, Creamed, minimum 1% milk fat and not more than 2%, by weight, maximum

82.5% moisture, small curd as specified. Item 39,40

9.14 Butter, U.S. Grade A. Item 2-1,2-2,2-3..

10.0 PRODUCTS SPECIFIED ON ITEMIZED BID LIST

Products not herein listed under detailed product specifications in Section 9 are shown on the itemized bid forms. These products shall be furnished and produced according to standard commercial practices.

11.0 SAMPLES

11.1 Bidders may be required to submit representative produce samples, three (3) each to the University prior to contract award. Product evaluation shall include, but not be limited to: general appearance, color, texture, flavor, usage performance, nutritional content, packaging, ingredients, and a blind taste test.

11.2 Delivery location of samples will be designated at the time the samples are requested. Samples must be delivered within three (3) days of request at no charge to the University. Failure to submit requested samples will result in disqualification of your bid. If a brand is quoted which the University is currently using, a bid sample may not be required. All samples will be tested in an identical manner. Failure to submit samples required many result in disqualification of your bid.

11.3 If you are interested in having, other products qualified for the next bid, provide a list of those products (in a separate letter from this bid) to: Victoria Strait, University of Wisconsin Platteville, University Centers, 1

University Plaza, Platteville, WI 53818. The University will, at the appropriate time in advance of the next bid, request no charge samples from you for testing.

11.4 Bidders should clearly indicate the brand being bid for every item.

12.0 EMERGENCY PRODUCT SUBSTITUTIONS AND OUT OF STOCK ITEMS

12.1 Product substitutions may be made upon mutual agreement of contractor and University prior to shipment. Such substitutions shall be made only by furnishing an equal or better quality and/or grade product than originally specified at no additional cost to the University.

12.2 The contractor shall notify the University by telephone twenty-four (24) hours (minimum) prior to delivery as to any ordered item indicated as out of stock or shorted. Substitute equivalent products shall be offered to the University by the contractor when out of stock product situation occurs. Failure to provide substitute equivalent or better products for “out-of-stock” products shall subject the Contractor to the non-delivery penalty.

12.3 Invoices to denote all items and quantities as ordered. Any shorted items to be noted as “out of stock” or

“T.O.”

13.0 NEW AND DELETED PRODUCTS

13.1 The contractor shall supply a copy of the current list of normally stocked products from which the

University might purchase items. The contractor shall promptly notify University Dining Service of new or discontinued items.

13.2 Additional items may be added to this contract at the discretion of the University of Wisconsin-Platteville

Dining Service. Additional items shall be priced in a manner consistent with similar contract items.

13.3 University Dining Service may delete products that are no longer manufactured, no longer used, or not being ordered in sufficient quantity.

14.0 ESTABLISHMENT INSPECTION

All products furnished shall originate in either U.S. Department of Agriculture or State of Wisconsin, Department of Agriculture inspected establishments. The contractor shall adhere to the highest standards of cleanliness and sanitary practices to insure continual sanitation in all functions and matters related to this contract. Authorized representatives of the University shall have full right of access and cooperation of the contractor or their sources of supply on inspections which they may wish to conduct.

The contractor shall be responsible for obtaining all required permits, licenses and bondings and shall comply with all municipal, county, State and Federal Laws.

15.0 THEFT

The University is not responsible for case/carton/can thefts. The University will be diligent in returning empties.

16.0 PRICING STRUCTURE

16.1 Bidders shall use the formula based on CMPC (Central Milk Producers Cooperative) prices for items in

Class I (fluid milk) and Class II (cottage cheese, cultured sour cream and yogurt) products.

16.2 Prices for products covered by formulas and market indicators shall remain firm for the initial contract month (July 2013); thereafter, prices shall be adjusted on a monthly basis per the Escalation Formula as outlined herein under Section 17.

16.3 After the initial contract month, price adjustments shall be made monthly when the Class I and/or Class II costs per hundred weight change based on CMPC producers direct delivery to an order 30 buyer, Chicago Metropolitan raw milk prices, including shipping, handling and administrative fees, as announced by the Central Milk Producers Co-op, Schaumberg, IL, per the formulas found in Section 20.

16.4 Price adjustment proposals must be submitted to:

Victoria Strait

University of Wisconsin-Platteville

Markee Pioneer Student Center, 1 University Plaza

Platteville, WI 53818

16.5 Prices for products not covered by formula and market indicators (i.e. butter & juices) shall remain firm for the initial six (6) month contract period. Thereafter, price changes may be made at six (6) month intervals. Price change requests must be submitted not less than thirty days prior to the beginning of the six (6) month period in which they are to be effective. The request must be supported by a documented increase in the costs to the contractor which are demonstrated to be industry wide. Price change requests must be submitted to the University of Wisconsin-Platteville appropriate campus authority. If approved, an amendment incorporating the new prices shall be issued. The invoiced price will be the price in effect on the date of the shipment. If not approved, the item(s) or group(s) affected may be re-bid.

17.0 C.M.P.C. PRICING

17.1 After the initial contract month (thirty (30) days), price adjustments shall be made monthly when the Class

I and/or II costs per hundred weight change based on CMPC producers direct delivery to an order 30 buyer, Chicago Metropolitan raw milk prices including shipping, handling, and administrative fees, as announced by the Central Milk Producers Cooperative, Schaumberg, Illinois, per the following formula

17.2 The contractor is responsible to notify the University of changes to the CMPC format which determines the monthly Class I and Class II price announcements. Documentation of changes in the format must accompany this notification. Upon review of the new format, new base prices will be established for the use in the contract formulas by the contractor and the University.

17.3 Base Month CMPC prices for calculating future prices is located on Attachment B: (May 2013 price announcement)

17.4 Fluid Milk Products (Class I)

Formula to be used for: Items 1 through 35 and 43 through 45 of the itemized bid list.

For each $.05 per hundred weight increment or fraction thereof that Class I, Fluid Milk (3.5% Butter Fat) advances or declines from the base month’s CMPC price established per contract, prices for individual fluid products, as quoted per bid submitter, should be adjusted as follows, with fractional increments prorated.

½ Pints $.0003 unit Pints $.0006 unit Quarts $.0012 unit ½ Gallons $.0024 unit Gallons & Multiples of Gallon Units $.0048 unit/gallon

Formula Application Example:

Class I - Base Price $13.89 per cwt per contract

New Price $14.64 per cwt

$ + .75 per cwt

$.75 ÷ $.05 = 15

½ pt $.0003 x 15 = .0045 ½ gal $.0024 x 15 = .036

Price quoted per bid submittal (+/-) formula change equals new price.

½ pts, homo. - .1125 + .0045 = $.117 ½ pts, 2% - .1024 + .0045 = $.1069 ½ gal, homo. – 1.6414 + .036 = $1.6774

17.5 Cottage Cheese Products, Cultured Sour Cream (Class II Outside Order 30)

Formula to be used for: Items 36 through 42 of the itemized bid list.

For each $.12 per hundred weight increment or fraction thereof that Fluid Milk, Class II (3.5% Butter Fat) advances or declines, from the base month’s CMPC price established per contract, prices as quoted per bid submitted shall be adjusted $.01 per pound, with fractional increments prorated.

Resulting product price changes shall be effective on the date of the revision to the cost per hundred weight of Class I and Class II Products. Formula Application Example:

Class II - Base Price $12.12 per cwt per contract

New Price $12.60 per cwt

$ +.48 per cwt

$.48 ÷ $.12 = $.04 per lb adjustment

Price quoted per bid submittal (+/-) formula changes equal new price.

Sour Cream - $.68/lb + $.04/lb = $.72/lb

17.6 Butter Pricing

The Chicago butter market will be used as base for pricing on Items 2-1 through 2-3. Base price used for this bid will be from May 15, 2013.

18.0 BIDDER QUALIFICATIONS

To be eligible for a contract award you must be qualified and able to provide the following as required or your bid shall be disqualified:

18.1 Bidder must designate a person to provide on-going communication, coordinate servicing, answer questions, and expedite deliveries and service. Respond on “Bidder Information” sheet.

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

18.3 Bidder must be able to maintain an inventory or products required in this bid.

18.4 Bidder must be able to report on a monthly basis all products purchased against this contract.

19.0 METHOD OF BID

Bidders must use the bid forms attached. Bidders are asked to quote on all items listed in a group in order that a

“low lot total award” by group may be made if possible.

19.1 Unit price quotes must be for the unit of purchase as shown in the quantity and unit column as indicated on the Itemized Bid List Form, i.e., lb., case, etc. It is the bidder’s responsibility to read and note the

Special Conditions of Bid and Standard Conditions of Bid. Failure to do so does not exempt the bidder from complying with said conditions.

19.2 Bidders should indicate a unit price and extended total for each item listed on the “Itemized Bid List” using the estimated monthly quantities.

19.3 Bidders shall indicate their firm name in the space provided at the top of the bid form.

19.4 Bidders must indicate, on the bid form, the brand and other identification (product code number) for each item they propose to furnish, and any deviation from the specified packaging or product description.

19.5 Any items on the “Itemized Bid List”, which cannot be supplied by the bidder, must be identified.

19.6 If you are not bidding exactly as specified, you must provide complete specifications and descriptive brochure or detail for the units your propose to furnish, clearly identified by manufacturers name and identification number.

19.7 Any information held to be proprietary by a bidder must be plainly marked as such on the itemized bid list.

The University of Wisconsin-Platteville and the Board of Regents will not be responsible for information that has not been plainly designated as proprietary prior to the bid opening.

19.8 Bid prices are to include all packing, transportation, and insurance costs.

19.9 Special order conditions for bid should be indicated and will be considered in evaluation and may be cause for non-award of item and/or bid.

19.10 Bids not submitted on the “Itemized Bid List” may be rejected. Bidders are advised to make their bids as complete as possible. Incomplete bids will be considered only if in the University’s best interest.

19.11 Complete and return the following:

a. Request for Bid Form – 2 copies required

b. Itemized Bid List – 2 copies required

c. Bidder Information Form – 2 copies required

d. Nutritional Analysis for each product – 1 copy required

e. One sample of invoice

20.0 METHOD OF DETERMINATION AND AWARD

20.1 Determination

Determination of award will be based on low dollar total of each group as shown on the bid forms.

Evidence of bidder’s ability to supply all items of a group, as specified, will enter in the final determination through evaluation of bids submitted. Potential volume of early pay discounts that bidders may offer will not be part of the discrimination process for this inquiry. However, this does not preclude the awarded bidder from offering discounts or rebates to the University during the length of the contract period.

20.2 Award

Award shall be made on the basis of the lowest lot total which is judged to be in the best interest of the

University of Wisconsin System. The right is reserved, however, to award on a group basis or to cancel all or part of this bid.

21.0 PURCHASE ORDERS

Blanket purchase orders will be issued for product group awards by the University for the period specified.

University Dining Service Areas will be notified as to the name of the successful bidder or bidders. Blanket

Orders will be issued by each Dining Services Unit to cover their requirement for the twelve (12) month contract period. Each unit will place “as needed” orders directly with the vendors.

22.0 METHOD OF ORDERING

22.1 Each delivery location will designate one person to place orders.

22.2 Only the University of Wisconsin – Platteville Dining Services shall be eligible to purchase from this contract.

22.3 Reference phone numbers for orders:

Glenview Commons (2 accounts)

Bridgeway Commons – Steve Lemire – 608-342-1776

Greenwood Avenue Market – Crystal Taylor – 608-342-6129

Pioneer Student Center – Dave Ernst – 608-342-1341

23.0 METHOD OF INVOICING

23.1 The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of UW-

Platteville Accounts Payable. Before payment is made, the University must also verify that all invoiced charges are correct and identified as being a part of this contract. Only properly submitted invoices shall be officially received for payment.

23.2 All invoices must be itemized showing:

a. Purchase order number

b. Contractor name

c. Remit to address

d. Delivery account designated in Section 28.0

e. Delivery date

f. Invoice number

g. Quantity ordered

h. Quantity shipped

i. Pack size/unit

j. Complete product description

k. Brand name or abbreviation (if applicable)

l. Contractor’s product number(s)

m. Unit price per the contract

n. Invoice total

23.3 Please submit a sample invoice with your bid showing how you shall meet these requirements. Failure to meet these requirements may result in disqualification of your bid or cancellation of your contract.

23.4 Each delivery point shall be invoiced separately.

23.5 Each invoice should contain only those products covered by the purchase order designated on that invoice. All invoice prices are to be stated in the same units as the units shown on the bid form. Invoices accompanying deliveries will be in duplicate.

24.0 DELIVERY CONDITIONS

24.1 Delivery is to be made in clean, enclosed, odor free, temperature controlled truck.

24.2 Temperatures of products at the time of delivery are to be:

Refrigerated products 35 - 40º F

Frozen products 0º F or frozen hard

24.3 Non-compliance will result in refusal of product and replacement at vender’s expense.

25.0 ADDITIONAL INFORMATION

Please contact Lewis Bettinger 608-342-1221 if you have any questions regarding the bid process.

Technical questions regarding the products to be bid should be directed to Victoria Strait 608-342-6048.

26.0 REQUIRED FORMS

The following…