Request for Bid

Bid # PLT-23-8134-B

Engine Test Cell

Lew Bettinger

Issue Date: July 19, 2022

Due Date: August 10, 2022, 2:00 PM CST/CDT

University of Wisconsin-Shared Services

REQUEST FOR BID

THIS IS NOT AN ORDER

Official Sealed

AGENT: Lew Bettinger

Questions regarding this bid – see Section 3.1

For Submittal of Bid Instructions – see Section 1

BID NUMBER: PLT-23-8134-B

ISSUE DATE: July 19,2022

DUE DATE: August 10, 2022, 2:00 PM CDT

If NO BID (check here) and return.

Bid prices and terms shall be firm for sixty (60) days from the date of bid opening, unless otherwise specified in this Request for Bid by the University Procurement. Unless otherwise noted, public openings will be on the date and time specified.

Award(s), if any, will be made as soon thereafter as possible.

The bid abstract will be on file and is open to public inspection only after award determination has been made.

Engine Test Cell

In signing this bid, we have read and fully understand and agree to all terms, conditions and specifications and acknowledge that the University Procurement bid document on file shall be the controlling document for any resulting contract. We certify that we have not, either directly or indirectly, entered into any contract 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 stated statement is accurate under penalty of perjury. I certify that the information I have provided in this bid is true and I understand that any false, misleading or missing information may disqualify the bid.

By submitting a bid, the bidder certifies that no relationship exists between the bidder and the University that interferes with fair competition or is a Conflict of Interest, and no relationship exists between such bidder and another person or firm that constitutes a Conflict of Interest. Further, bidder certifies that no employee of the University whose duties relate to this request for bid assisted the bidder in preparing the bid in any way other than in his or her official capacity and scope of employment.

The Bidder certifies by submission of the bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

COMPANY NAME:

COMPANY STREET ADDRESS:

COMPANY CITY, STATE & ZIP:

SIGNATURE: DATE :

TYPE OR PRINT NAME:

TITLE:

TELEPHONE NUMBER: ( ) FAX NUMBER: ( )

EMAIL ADDRESS:

FEIN NUMBER: DUNS #:

Contents

1 SUBMITTAL INSTRUCTIONS

1.1 Bid Response Requirements

2 GENERAL INFORMATION

2.1 Purpose

2.2 Scope

2.3 Definitions

2.4 E-Supplier Registration

2.5 Promotional Materials/Endorsements

2.6 Discriminatory Boycotts of Israel

2.7 Supplier Diversity

2.7.1 Minority Business Enterprise Program (MBE)

2.7.2 Woman-Owned Business Enterprise Program (WBE)

2.7.3 Disabled Veteran Owned Business Program (DVB)

2.7.4 VETERAN-OWNED BUSINESS Program (VB)

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

3.2 Applicable Dates

3.3 Proprietary Information

3.4 Accommodations for Individuals with Disabilities

3.5 Method of Bid

3.6 Method of Award

3.7 Oral Presentations, Product Demonstrations and Site Visits (PreAward)

4 BIDDER QUALIFICATIONS

4.1 Bidder Experience

4.2 Bidder Warranty

4.3 Client List / References

4.4 Fair Price Analysis

4.5 Force Majeure

4.6 Minimum Order

4.7 Debarment

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Incoterm

5.2 Additional Items/Services

5.3 Invoicing Requirements

5.4 Payment Terms

5.5 Contract Termination

5.6 Other Eligible Purchasers

5.7 Record and Audit

5.8 Entire Contract

5.9 Ownership of Equipment and Warranty

5.10 Travel Per Diems

5.11 Insurance

5.12 Subcontracting

6 ATTACHMENT A – ITEMIZED PRICE SHEET

Item 1: AC Dynamometer with Engine Mount Accessories:

Item 2: Closed Loop Engine Cooling System

Item 3: Dyno and Test Cell Control System (LabVIEW Based Hardware)

7 ATTACHMENT B – BIDDER REQUIRED FORM

8 ATTACHMENT C – STANDARD TERMS AND CONDITIONS

1 SUBMITTAL INSTRUCTIONS

BIDS MUST BE EMAILED TO:

The University accepts completed bids e-mailed to lew.bettinger@uwss.wisconsin.edu provided they are date/time stamped prior to 2:00 pm. CST/CDT on the stated bid due date.

Submitting a bid in any manner other than to lew.bettinger@uwss.wisconsin.edu does not constitute receipt of a valid bid by Procurement. Proof of transmission does not constitute proof of receipt.

Email submissions may not be greater than 25 megabytes. Any email file greater than 25 megabytes will be rejected by the email server. It is the responsibility of the sending party to confirm emailed bid responses were received by the Procurement office prior to bid due date.

Bidders are advised not to wait until the last moment to deliver their Bids The University of Wisconsin cannot make exceptions to the deadline for packages delayed in transit, delivery personnel delayed by traffic, weather, accidents, strikes, Acts of God, or other circumstances. Wisconsin can and does at times experience severe weather that can delay parcel delivery. UWS strongly advises that proposers plan to deliver their proposals several days before the due date. This will build extra time into the schedule in the event of unexpected weather or other delivery delays.

1.1 Bid Response Requirements

In order for your bid to be considered, the following forms/information must be completed and submitted as part of your bid response. Failure to provide the required forms or requested information with your bid submittal may disqualify your bid.

1. Request for Bid Form (signed)

2. Itemized Price Sheet (Attachment A)

3. Bidder Required Form (Attachment B)

2 GENERAL INFORMATION

2.1 Purpose

The University of Wisconsin-Shared Services, through its Procurement Department, hereinafter referred to as "Procurement," on behalf of University of Wisconsin-Platteville (UWPLT), herein referred to as “University”, requests bids for the purchase of an engine test cell for use in university classrooms.

Conditions of bid which include the word “must” or “shall” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification, condition of bid or provide a specific item/service on the Itemized Bid List, Procurement reserves the right to delete that specification, condition of bid or item without having to complete the bid process again.

This contract bid document and the awarded bidder’s (Contractor’s) response information shall become the Contract.

2.2 Scope

The University of Wisconsin – Platteville is bringing innovation to campus in the form of Sesquicentennial Hall. This new building will join Engineering Hall to create a 200,000 square foot complex to support interdisciplinary engineering and computer science. A massive Innovation Center, an accessible green roof, exposed building infrastructure, and several state-of-the-art teaching laboratories will make the building itself a learning tool and a national exemplar for transforming engineering education.

This innovation includes a need to purchase of an engine test cell. The University is seeking to purchase equipment listed in Attachment A. The bidder may offer alternate items believed to be an equal. Any alternate items bid must be clearly mailto:lew.bettinger@uwss.wisconsin.edu identified by manufacturer, catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidder’s responses.

See Specifications (Section 6) and Itemized Price Sheet (Attachment A) for the minimum acceptable specifications for items/services desired. The estimated item quantities identified on the Itemized Bid List are for bid purposes only. The

University does not guarantee to purchase any specific quantity or dollar amount. Final purchase will be dependent on the

University’s ability to secure funding to support this project.

This Contract must not be construed as mandatory upon any University campus, State agency or municipality. The

University reserves the right to issue separate bids when deemed in the best interest of the University.

2.3 Definitions

The following definitions are used throughout this document:

Agent means University Procurement Agent responsible for this Request for Bid. Full contact information can be found in Section 3.1.

Bid means Request for Bid.

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

Commissioning means the process of assuring that all systems and components are designed, installed, tested, and operational.

Contractor means successful Bidder awarded the bid.

Custom Charges/Fees: typically includes, but is not limited to, United States duties, if applicable; port of entry documentation fees; custom clearance fees; applicable tax; etc.

Department means University of Wisconsin-Platteville, Pioneer Farm.

DVB means Disabled Veteran-Owned Business.

GSA means General Services Administration.

MBE means Minority Business Enterprise.

Purchasing Card means State credit card.

Procurement means the Procurement Department responsible for the procurement of goods and services on UW Platteville campus.

State means State of Wisconsin.

University and UWPLT both mean University of Wisconsin-Platteville.

University Imports: When the University is the Importer of Record or has responsibilities for paying Custom Charges/Fees for products purchased directly from a foreign country.

WBE means Woman-Owned Business Enterprise.

2.4 E-Supplier Registration

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.. 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.

2.5 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.

2.6 Discriminatory Boycotts of Israel

Effective October 27, 2017, consistent with 2017 Wisconsin Executive Order 261, contractor agrees it is not engaged in a boycott of the State of Israel and further, contractor will not during the term of the contract engage in a boycott of the State https://esupplier.wi.gov/ of Israel. State agencies may not execute a contract and reserve the right to terminate an existing contract with a business entity that is not compliant with this provision. This provision applies to all contracts of all values.

2.7 Supplier Diversity

2.7.1 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 is committed to the promotion of minority business in the state's purchasing program.

The State of Wisconsin policy provides that Wisconsin Certified minority-owned business enterprises should have the maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to minority-owned business enterprises or by using such enterprises to provide goods and services incidental to this agreement, with a goal of awarding at least 5% of the contract price to such enterprises.

The supplier/contractor may be requested to provide information about its purchases from Wisconsin certified MBEs.

A listing of certified minority businesses, as well as the services and commodities they provide, is available from the Department of Administration, Office of the Minority Business Program, 608/267-7806. To view all MBE firms go to https://wisdp.wi.gov/search.aspx select the MBE box and click search.

2.7.2 Woman-Owned Business Enterprise Program (WBE)

Woman-owned business enterprises (WBEs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program

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

2.7.3 Disabled Veteran Owned Business Program (DVB)

Disabled veteran-owned businesses (DVBs) are certified by the Wisconsin Department of Administration. This program can be found at: http://www.doa.wi.gov/Divisions/Enterprise-Operations/Supplier-Diversity-Program

The State of Wisconsin is committed to the promotion of DVBs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified DVBs that compete for State Contracts. This means that State agencies may make an award to the DVB submitting the lowest qualified Bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A Bidder preference will not be considered on a printing or stationery procurement.)

Policy provides that DVBs should have the maximum opportunity to participate in the performance of its Contracts. The Supplier/Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to DVBs or by using such enterprises to provide commodities and services incidental to this agreement.

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

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

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

2.7.4 VETERAN-OWNED BUSINESS Program (VB)

The State of Wisconsin encourages the participation of veteran-owned businesses (VBs) in the statewide purchasing program by inviting VBs to actively solicit public purchasing business and by reducing undue impediments to such participation. VBs are certified by the Department of Veterans Affairs (DVA). Applicants shall complete a Veteran-owned Business Request for Certification form (WDVA 1037).

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

Contact the DVA at: http://dva.state.wi.us. There is no price preference for certified VBs that compete for State Contracts.

3 BID PROCESS INSTRUCTIONS

3.1 Clarifications and/or Revisions through Designated Contact

All communications and/or questions in regard to this request must be in writing and must reference the bid number.

Bidders are required to e-mail written questions to the Agent. All questions must be received by July 28, 2022. All Questions received with the answers will be posted to Vendornet by August 2nd, 2022

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

Lew Bettinger UW-Shard-Services

E-mail: lew.bettiner@uwss.wisconsin.edu Phone:608-262-2869

If a Bidder fails to notify the Procurement Department of an error in the Bid document which is known to the Bidder, or which should have reasonably been known to the Bidder, then the Bidder shall submit a bid response at the Bidder’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.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this BID, supplements or revisions will be posted on http://vendornet.state.wi.us and publicnotices.wi.gov.

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

3.2 Applicable Dates

Date Event

July 19, 2022 July 28, 2022 August 2, 2022

Date of Issue of the Bid Bid Questions Due All Questions with Answers Posted to Vendornet

August 10, 2022, 2:00 PM CST/CDT BID Due Date (CST/CDT)

3.3 Proprietary Information

Any information contained in the Bidder’s response that is proprietary must be detailed separately on the Bidder Required Form. Marking of the entire response as proprietary or confidential will neither be accepted nor honored. The University cannot guarantee that all such material noted remains confidential, particularly if it becomes a significant consideration in contract award. Information will only be kept confidential to the extent allowed by State of Wisconsin Public Disclosure Law (refer to Standard Terms and Conditions, Section 27.0). Pricing information cannot be kept confidential.

3.4 Accommodations for Individuals with Disabilities

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 Lew Bettinger at lew.bettinger@uwss.wisconsin.edu or 608-263-2869 to make a reasonable accommodation request.

3.5 Method of Bid

Bidder must submit Attachment A – Itemized Price Sheet. Bidder shall complete Itemized Price Sheet as instructed on the Itemized Price Sheet. If submitting a bid for an alternate, Bidder shall include manufacturer, and catalog, model or stock number. Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any alternate items offered must be included with your bid to establish equivalency.

http://dva.state.wi.us/ mailto:lew.bettiner@uwss.wisconsin.edu http://vendornet.state.wi.us/

3.6 Method of Award

Award shall be made on the basis of the lowest bidder or multiple responsive, responsible bidder(s), judged to be in the best interest of the University. Bids that state the University shall guarantee a specific quantity or dollar amount will be disqualified.

3.7 Oral Presentations, Product Demonstrations and Site Visits (PreAward)

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

4 BIDDER QUALIFICATIONS

4.1 Bidder Experience

The Bidder (company or its principals) must be the manufacturer or authorized distributor of all equipment bid.

4.2 Bidder Warranty

The Bidder (company or its principals) must be authorized to provide warranty and maintenance work by the manufacturer.

4.3 Client List / References

Bidder must supply with their bid a client list of three (3) firms to which similar items/services have been provided during the past three (3) years to a comparable sized institution or company (Bidder Required Form, Attachment B). If contacted, information received from those clients will be used to determine whether bidder can reasonably meet contract requirements and specifications. Client references may be used in the award consideration.

4.4 Fair Price Analysis

Purchases made under this contract may require further fair price analysis. If requested by the University, Bidders should be able to demonstrate that the pricing offered the University was fair (i.e. published price list, list of previous buyers, etc.).

4.5 Force Majeure

If, because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, business operations at the University are interrupted or stopped, performance of this contract, with the exception of monies already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence.

4.6 Minimum Order

Bids that require any minimum order quantity or dollar amount shall be disqualified.

4.7 Debarment

Federal Executive Order (E.O.) 12549 “Debarment“ requires that all contractors receiving individual awards, using federal funds, and all sub recipients 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.

5 PERFORMANCE AND CONTRACT REQUIREMENTS

5.1 Incoterm

All delivery shall be DDP-UWPLT (Delivery Duty Paid). Address for delivery is:

UW-Platteville 1 University Plaza Platteville, WI 53818 Bidder is responsible for all export duty, import duty, taxes & customs clearances.

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

5.2 Additional Items/Services

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

5.3 Invoicing Requirements

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

The University must meet a statutory mandate to pay or reject invoices within 30 days of receipt of properly submitted invoices by University Accounts Payable. Before payment is made, Accounts Payable must verify that all invoiced charges are correct per this Contract. Only properly submitted invoices will be officially processed for payment.

The Prompt Payment Policy requires that your invoices be clear and complete and in conformity with the list below and must be itemized showing:

• Contractor name

• remit to address

• purchase order number

• release number if given

• date of order/release

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

• complete item description including catalog, model and/or stock number(s) match those stated in bid

• prices per the Contract

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

5.4 Payment Terms

Payment will not be made until the item/service is determined to meet all specifications and has been accepted by the University. The University will pay the Contractor Net 30 as accepted by the University.

5.5 Contract Termination

The University may terminate the Contract at any time, without cause, by providing ninety (90) 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.

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 thirty (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.

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.

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.

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.

All notices of performance failure must be submitted in writing via email to UW-Shared Services Procurement, Lew.bettinger@uwss.wisconsin.edu. Procurement shall be final authority for all performance failure determinations.

mailto:Lew.bettinger@uwss.wisconsin.edu

5.6 Other Eligible Purchasers

U.W. System campuses, State of Wisconsin agencies and Wisconsin municipalities may be eligible to purchase off of this contract if agreed to between the Contractor and the U.W. System campus, State of Wisconsin agency, or Wisconsin municipality.

A Wisconsin municipality is defined by Wisconsin Statute 16.70(8) to include counties, cities, villages, towns, school boards, sewage, drainage, vocational, technical and adult education districts, and other bodies with the power to award public contracts.

5.7 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.

5.8 Entire Contract

A contract will be awarded based on the criteria established in this Request for Bid, including attachments and any amendments issued. The BID, the bid response, and written communications incorporated into the contract constitute the entire contract between the parties. The hierarchy of documents in descending order for resolution is as follows:

A. Official Purchase Order (when applicable) B. Contract Award Letter C. Original Request Bid Number PLT-22-8134-B, dated July 19, 2022, including amendments and/or attachments D. Bidder response to Bid.

Any other terms and conditions provided by the Bidder with the bid or for future transactions against this contract, including but not limited to click on agreements accepted by the Customer; shrink wrapped agreements; or terms submitted with quotations, order acknowledgements, or invoices; will be considered null and void and will not be enforceable by the Contractor unless agreed to in a written amendment signed by the University Procurement Department. Any exceptions to this BID 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 bidder's letterhead, signed, and attached to the bid 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 bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidder shall be held liable.

Submitting a standard Bidder contract or term and condition as a complete substitute or alternative for the language in this solicitation will not be accepted and may result in rejection of the bid.

The University reserves the right to negotiate contractual terms and conditions or reject the Bidder‘s response and proceed to the next qualified bidder.

A Word copy of this exceptions document must be submitted with your electronic bid response.

5.9 Ownership of Equipment and Warranty

Transference of ownership of equipment shall occur once all equipment has been commissioned. All costs shall include a one-year warranty that will commence upon transference of ownership.

5.10 Travel Per Diems

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.

5.11 Insurance

The Contractor shall maintain insurance levels as required here. A certificate of insurance must be provided upon award, and on an annual basis throughout the term of the Contract.

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 liability policies. The certificate holder shall be listed as the University of Wisconsin-System.

5.12 Subcontracting

5.12.1 Any Contract resulting from this bid shall not be, in whole or in part, subcontracted, assigned, or otherwise transferred to any Subcontractor without prior written approval by Procurement. Upon request Contractor must provide Subcontractor’s complete contact information including EIN# (TIN#, SS#) and signed W-9 form.

5.12.2 The Contractor shall be directly responsible for any subcontractor's performance and work quality when used by the Contractor to carry out the scope of the job. University reserves the right to assess Contractor damages in excess of the contract amount for Subcontractor’s failure to perform or inability to complete required project milestones.

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

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

https://www.wisconsin.edu/risk-management/manual/vendor-certificates/#bui

6 ATTACHMENT A – ITEMIZED PRICE SHEET

Costs which are not specifically identified below will not be compensated under any Contract awarded pursuant to this

Bid. Bidder shall enter the price for each Item. Then, Bidder shall sum Cost column for each section. Equipment listed.

Detailed specifications (including brochures, operating manuals, maintenance manuals or other written materials) of any e items offered must be included with your bid to establish equivalency. The University will be the sole judge of equivalent acceptability between Bidder’s responses.

Bidder may not alter Itemized Price Sheet.

The three items listed may be awarded to one vendor or multiple at the discretion of the University. Any charges not listed will not be accepted. Lines requiring a cost are in blue.

Item 1: AC Dynamometer with Engine Mount Accessories:

Item 1 Description

Indicate whether your product meets or exceeds list specs Yes No Price

Item AC Dynamometer sized for GM 3.0L LM2 (Regenerative system not required)

Dyno suitable for GM 3.0L I6 LM2 Diesel

Horsepower: 277 hp @ 3,750 rpm

Torque: 460 lb-ft @ 1,500 rpm

Max speed: >= 5100 RPM

Analog Input for speed control

Analog Input for load control

Wheeled Engine Cart

Safety covers/guards

Drive Shaft for mating engine to dyno

Dynamometer base plate to raise dyno level to match cart.

Total Price for Item 1

Item 2: Closed Loop Engine Cooling System

Item 2 Description

Indicate whether your product meets or exceeds list specs Yes No Price

Closed Loop Cooling System

Coolant temp monitor to allow control of coolant temp.

Includes mounting frame/hardware

Uses facility chilled water as cooling medium

(<= 40 gpm)

Expansion tank to allow for coolant expansion and removal of air in coolant

Temperature control set via analog input

Sized for >= 300 HP engine

Total Price for Item 2

Item 3: Dyno and Test Cell Control System (LabVIEW Based Hardware)

Item 3 Description

Indicate whether your product meets or exceeds list specs Yes No Price

Dyno/Engine Test Cell System Software

Indicate whether your product meets or exceeds list specs YES NO

Control System is based on standard National Instruments hardware and is compatible with LabVIEW

Users can add CDAQ/CRIO measurement channels for high speed diagnostic

Users can add custom graphs to the front panel

Users can define test procedures in software

ECU monitored temp/press channels

Controller will monitor and control all test cell functions including

Dyno/Engine Safety Systems

Control Dyno setpoints: torque, speed

Control Number of Injections, Injection Timing, and Injection Duration

Monitor and display all measure basic combustion analysis tools including PV diagrams, Heat Release, CA10, CA50, CA90, IMEP, BMEP, SOI, Rail Pressure, RPM, Indicated power, injection timing, Control and display Coolant temp

Can support 4 Aux PID Control loops for aux.

test cell systems

Control Hardware (NI Based, PXI, CRIO, CDAQ)

High Speed Channel Support for the following measurements

4 in cylinder glow plug pressure transducers

2 injector current clamps

1 fuel flow meter

Fuel rail pressure

High speed encoder 1440 PPR encoder @ 5100

RPM

Low Speed Channel Support for the following measurements

16 temperature channels

4 pressure channels

8 analog inputs for auxiliary (0 – 10V)

5 analog inputs for gas analyzer

4 analog inputs for aux. (4 – 20 ma)

4 digital input/output channels

4 analog ouput channels (-10 to 10v)

Pulse Counter 1440 PPR encoder @ 5100 RPM

Control turbo waste gate position

Expandable to support additional DAQ Chassis

Installation, Testing, and on-site commissioning

Total Price for Item 3

7 ATTACHMENT B – BIDDER REQUIRED FORM

STATE OF WISCONSIN

DEPARTMENT OF

ADMINISTRATION

DOA-3832 (C01/2018)

S. 16.72 WIS. STATS

STATE BUREAU OF

PROCUREMENT

101 EAST WILSON STREET, 6TH

FLOOR

P. O. BOX 7867

MADISON, WI 53707-7867

Bidder Required Form

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).

Section 1: Bidder Information

Bidder/Proposer Company Name: E-Mail Address:

Phone Number:

Toll Free Phone:

Fax:

Address:

City: State: Zip:

Mailing Address for Purchase Orders (if different than above)

Address:

City:

State: Zip:

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

Topic

E-Mail Address Phone

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. 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):

Contact Person:

E-Mail Address:

Phone:

List Product(s) and/or Service(s) Used:

Section 4: Designation of Confidential and Proprietary Information

The attached material submitted in response to this bid/proposal includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats., as follows: “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released:

Section Page # Topic

Using the boxes below, indicate your agreement with the following statements:

In the event the designation of confidentiality of this information is challenged, the bidder/proposer hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state’s agreeing to withhold the materials.

The state considers other markings of confidential in the bid/proposal document to be insufficient. The bidder/proposer agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Agency Only:

Section 5 is not applicable to this bid/proposal. If this box is checked, Bidder may skip to Section 6.

Section 5: Bidder Agreement: Wisconsin’s Cooperative Purchasing Service

Wisconsin statutes (s. 16.73, Wis. Stats.) establish authority to allow Wisconsin municipalities to purchase from state contracts. Participating in the service gives vendors opportunities for additional sales without additional bidding. Municipalities use the service to expedite purchases. A “municipality” is defined as any county, city, village, town, school district, board of school directors, sewer district, drainage district, vocational, technical and adult education district, or any other public body having the authority to award public contracts (s. 16.70(8), Wis. Stats.). Federally recognized Indian tribes and bands in this state may participate in cooperative purchasing with the state or any municipality under ss. 66.0301(1) and (2), Wis. Stats.

Interested municipalities:

• Will contact the contractor directly to place orders referencing the state agency contract number; and

• Are responsible for receipt, acceptance, and inspection of commodities directly from the contractor, and making payment directly to the contractor.

The State of Wisconsin is not party to these purchases or any dispute arising from these purchases and is not liable for delivery or payment of any of these purchases.

Bidders/Proposers may or may not agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities. A vendor’s decision on participating in these services has no effect on awarding this contract.

Bidder: Please indicate your willingness to furnish the commodities or services to Wisconsin municipalities by checking the appropriate box below.

I Agree to furnish the commodities or services of this bid/proposal to Wisconsin municipalities with any special conditions noted below.

I Do Not Agree to furnish the commodities or services to Wisconsin municipalities.

A vendor in the service may specify a minimum order sizes by volume or dollar amount, additional charges beyond normal delivery areas, or other minimal charges for municipalities.

Special Conditions (if applicable):

8 ATTACHMENT C – STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The University shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates which may result in rejection of their bid/proposal.

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

3.0 QUALITY: Unless otherwise indicated in the request, all material shall be first quality. Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the University.

4.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The University reserves the right to increase or decrease quantities to meet actual needs.

5.0 PRICING AND DISCOUNT: The University qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices shall reflect these discounts.

5.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price, the unit price shall govern in the bid/proposal evaluation and contract administration.

5.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions, but prices shall not be subject to increase for ninety (90) calendar days from the date of award. Any increase proposed shall be submitted to the University thirty (30) calendar days before the proposed effective date of the price increase, and shall be limited to fully documented cost increases to the Contractor which are demonstrated to be industry-wide. The conditions under which price increases may be granted shall be expressed in bid/proposal documents and contracts or agreements.

5.3 In determination of award, discounts for early payment will only be considered when all other conditions are equal and when payment terms allow at least fifteen (15) days, providing the discount terms are deemed favorable. All payment terms must allow the option of net thirty (30).

6.0 UNFAIR SALES ACT: Prices quoted to the University are not governed by the Wisconsin Unfair Sales Act.

7.0 ACCEPTANCE-REJECTION: The University reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interest of the State of Wisconsin.

8.0 ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the Contractor by

University. No other purchase orders are authorized.

9.0 PAYMENT TERMS AND INVOICING: The University 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.

9.1 Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Invoice payment processing address is shown on the upper left corner of the purchase order. Send invoices to the Accounts

Payable address on the purchase order. Do not send invoices to the ship to address.

9.2 Payment shall be considered timely if the payment is mailed, delivered, or transferred within thirty (30) days after receipt of a properly completed invoice, unless the vendor is notified in writing by the agency of a dispute before payment is due.

9.3 Bidders/proposers shall include discounts for early payment (See 5.3) as a percent reduction of invoice. Invoice discounts shall be determined, where applicable, from the date of acceptance of goods and/or the receipt of invoice, whichever is later. Discounts for early payment terms stated on the bid/proposal must be shown plainly on the invoice; discounts for early payment not shown on the invoice will be taken.

9.4 Invoices submitted not in accordance with these instructions will be removed from the payment process and returned within ten (10) days.

9.5 Payment terms and invoicing for purchasing card will be made in accordance with the purchasing card contact.

10.0 TAXES: The University, an agency of the State of Wisconsin, is exempt from payment of all federal tax and

Wisconsin state and local taxes on its purchases except Wisconsin excise taxes as described below. The

Department of Revenue of the State of Wisconsin does not issue a tax exempt number; however, University is exempt from State of Wisconsin sales or use tax under s.77.54(9a)(a). Registration No. 39-73-1021-K, was issued by the Internal Revenue Service to authorize tax-free transactions under Chapter 32 of the Internal Revenue Code.

10.1 The University, an agency of the State of Wisconsin, is required to pay the Wisconsin excise or occupation tax on its purchase of beer, liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel.

However, it is exempt from payment of Wisconsin sales or use tax on its purchases. The University may be subject to other states' taxes on its purchases in that state depending on the laws of that state. Contractors performing construction activities are required to pay state use tax on the cost of materials.

11.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs.

12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the University.

13.0 APPLICABLE LAW AND COMPLIANCE: This Agreement shall be construed under the laws of the State of

Wisconsin. Jurisdiction and venue for any disputes under this Agreement shall be in Dane County, Wisconsin. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The State of Wisconsin shall not enter into a contract with a vendor, and reserves the right to cancel any existing contract, if the vendor or contractor has not met or complied with the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax.

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

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the University.

16.0 DISPUTES: Disputes should be addressed to the UW-Shared Services Procurement, through email at lew.bettinger@uwss.wisconsin.edu.

17.0 NONDISCRIMINATION/ AFFIRMATIVE ACTION:

17.1 In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of age,…