PS-20-2395 Bookstore Services UW-Stout_RFB_Final_1-14-2020.pdf

RFB PS-20-2395

UNIVERSITY OF WISCONSIN SYSTEM

REQUEST FOR BID (RFB) PS-20-2395

UNIVERSITY OF WISCONSIN-STOUT BOOKSTORE SERVICES

DATE OF ISSUE: January 14, 2020

PROPOSAL DUE DATE: February 20, 2020

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 System Administration

Office of Procurement

780 Regent Street, Suite 105

Madison, WI 53715

Bid envelope must be sealed and plainly marked in lower corner with due date and Request for Bid # PS-20-2395. 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

Bookstore Services

For

University of Wisconsin-Stout

THIS IS NOT AN ORDER Bids MUST be in this office no later than

February 20, 2020 at 2:00 PM CST BIDDER (Name and Address)

Name (Contact for further information)

Paul D. Schlough, Procurement Specialist Senior

Phone

(608) 265-0557

Date

January 14, 2020

Quote Price and Delivery FOB

Fax bids are accepted

Fax bids are not accepted

Item

No.

Quantity and Unit Description

Price

Per Unit

Total

Bookstore Service for University of Wisconsin -Stout

Bidder Conference Call January 30, 2020. Site Inspection by appointment

January 31, 2020 through February 7, 2020.

Payment Terms Net 30 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

Phone

Fax ( )

Signature of Above

Date

Federal Employer Identification No.

Social Security No. if Sole

Proprietor (Voluntary)

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

Table of Contents

1 Introduction and Purpose

1.1 Purpose of the Request

1.2 Reasonable Accommodations

1.3 Scope

1.4 Overview of Procuring Agency

1.5 Contract Length

1.6 Method of Award

1.7 Parties to the Contract

1.8 Cancellation and Termination

1.9 VendorNet Registration

2 Bid Procedures and Instructions

2.1 Method of Bid/Submission

2.2 Calendar of Events

2.3 Format of Bid

2.3.1 Signed Request for Bid Sheet

2.3.2 State of Wisconsin Terms and Conditions

2.3.3 Additional Information

2.3.4 Cost Information

2.4 Multiple Bids

2.5 Incurring Costs

2.6 Questions

2.7 News Releases

3 Bid Acceptance, Evaluation and Award

3.1 Bid Opening

3.2 Bid Acceptance

3.3 Bid Evaluation

3.4 Notification of Intent to Award

3.5 Appeals Process

4 Special Terms and Conditions

4.1 Performance Bond or Irrevocable Letter of Credit

4.2 Site Visit/Inspection of Premises

4.3 Excused Performance

4.4 Insurance

4.4.1 Coverage and Minimum Limits

4.4.2 Certificate of Insurance

4.4.3 Commercial General Liability

4.4.4 Covenant requiring Notice

4.4.5 Evidence of New Insurance

4.4.6 University Right to Cancel

4.4.7 Provide Certificate of Insurance

4.4.8 Evidence of New Source(s) of Required Insurance

4.4.9 Contractor Agrees to Indemnify

4.4.10 Risk of Damage or Loss

4.4.11 University Right to Cancel and Terminate

4.5 Items Relevant to Bookstore Services

4.6 Terms and Obligations Applicable to University Bookstores

4.7 Performance Success Dependent on User Response

4.8 Process to Adjust Terms

4.9 Contract/Vendor Financial Responsibilities

4.10 Contract/Vendor Required to Furnish

4.11 Contractor/Vendor Use of Premises

4.12 University Right to Regulate and Access Bookstore

5 Technical Requirements

5.1 Bookstore Service Terms

5.1.1 Contractor Ownership

5.1.2 University Seal and Logo

5.1.3 University Right to Retain Other Retail Sales Operations

5.1.4 Contractor Website , Textbook format, Order Process and Promotion Requirements

5.1.5 Sale of Food Item Requirements

5.1.6 Demonstrated and Proven Ability

5.1.7 Desk Copies

5.1.8 Bookstore Operational Procedures

5.1.9 Department Reports on Textbook Order Status

5.1.10 Schedule Compliance

5.1.11 Textbook Price not to Exceed List Price

5.1.12 Textbook Buy Back

5.1.13 Non-Refundable Deposit on Non-Stock Merchandise

5.1.14 Contract Shall Take University Advisement

5.1.15 Certified Minority Business Enterprises (MBE’s)

5.1.16 Changing Bookstore Trends

5.1.17 Promotion of Product to Students, Faculty and Staff

5.1.18 Merchandise and Textbook Commitments

5.1.19 Refund Request

5.1.20 Class Counts by Course Number and Section

5.1.21 Certified List of Students Authorized to Charge

5.1.22 Bookstore Policy Review

5.2 Resale Item Inventory Purchase

5.2.1 Resale to New Contractor

5.2.2 Final Inventory for Purchase

5.2.3 Inventory Completion in Triplicate

5.2.4 Number Inventory Sheets

5.2.5 Inventory Copies

5.2.6 Contractor Owns Merchandise Until Purchased

5.3 Personnel, Employment Practices, Staffing and Schedule

5.3.1 Observance of University Regulations

5.3.2 Assigned Resident Bookstore Manager

5.3.3 Personnel on Contractor’s Pay Roll

5.3.4 Student Employment

5.3.5 Contractor to Supply University with Employment List

5.3.6 Office Staffing

5.3.7 Report of Child Abuse or Neglect

5.3.8 Criminal Background Checks

5.3.9 Parking Fees

5.3.10 Loss of Dishonest Acts

5.3.11 Free or Discounted Merchandise Requirements

5.4 Equipment, Utilities, Supplies and Space Use

5.4.1 Contractor Access to Specific Use Areas

5.4.2 University to Provide Physical Inventory at Contract Start

5.4.3 Inspection of Facilities Upon Termination of Contract

5.4.4 University Equipment Replacement

5.4.5 Contractor Equipment

5.4.6 Utility Connection to Equipment

5.4.7 Removal of Equipment After Contract Termination

5.4.8 Re-Keying and Change of Locks

5.4.9 Office and Point of Sale Equipment, Merchandising Fixtures and Furniture

5.4.10 Excess University Equipment Requirements

5.4.11 Secure Storage Space

5.4.12 Contractor to Provide Telephone Equipment

5.4.13 Contractor Responsible for Telephone Replacement & Repair

5.4.14 Equipment Performance Requirements

5.5 Equipment and Facilities Maintenance, Replacement and Sanitation

5.5.1 Operation Service in Accordance of the Law

5.5.2 Housekeeping, Cleaning, Maintenance and Sanitation

5.5.3 Contractor Cleaning Requirements

5.5.4 Refuse Removal Requirements

5.5.5 Recycling and Waste Requirements

5.5.6 Uninterrupted Utility Service

5.5.7 Fire Extinguisher and Supplies

5.6 Accounting and Space Rental Payments

5.6.1 Statement of Revenues and Expenses

5.6.2 Open Records for Inspection/Audit by University

5.6.3 Accounting Period Advisement and “Z” Key Read Out

5.6.4 Period Accounting Review

5.6.5 Contractor’s Review and Expense Statements

5.6.6 Cash Sales Transaction Control

5.6.7 Operation Profit and Loss

5.6.8 Commission Payments Requirements

5.6.9 Commission or Guarantee Payments Not Received

5.6.10 Fixed Commission Return

5.6.11 Refund Deduction Requirements

5.6.12 Campus Card Program Maintenance/Overhead fees

5.6.13 Uncollectable Account Responsibility

5.6.14 Financial Reporting

5.7 Institution Specific Requirements and Historical Information

5.8 Principles and Procedures for Protection of Workers

5.9 Campus Sponsored Special Activity/Event Requirements

5.9.1 Campus Preview Days

5.9.2 Campus Tour Participants

5.9.3 Orientation

5.9.4 Homecoming

5.9.5 Family Weekend

5.9.6 Coupon Requirements

5.10 Social Media Requirements

6 Bidder’s Qualifications and Information

6.1 Purpose of invitation

6.2 Name and Address

6.3 Extent of Experience in Bookstore Operations

6.4 List Operations of Similar Complexity

6.5 Provide Operating Statement or Annual Report

6.6 List Bookstore Service Industry and Bank References

6.7 Provide Chart of Organizational Plan

6.8 Training Programs

6.9 Accounting Program and Procedures

6.9.1 Inventory Control

6.9.2 Samples of Recording, Checking, Reporting and Sales Forms

6.9.3 Internal Control

6.9.4 Operating Statement

6.9.5 Internal Audit

6.10 Purchasing and Receiving Procedures

6.11 Approach to Bookstore Requirements

6.12 Supplementary Information

7 Bid Submittal Form for Bookstore Service

7.1 Commission

7.1.1 UW-Stout: Commission

7.2 Guarantee

7.2.1 Guarantee

7.3 Signing Bonus

7.3.1 Signing Bonus

8 Standard Terms and Conditions

9 Appendix I: Institution Specific Business Requirements

10 Appendix II: Additional Institution Specific Information

11 DOA-3832 Bidder Required Form

12 Affidavit

1 Introduction and Purpose

1.1 Purpose of the Request

PURPOSE OF THE REQUEST FOR BIDS: The purpose of this document is to provide interested parties with information to enable them to prepare and submit a bid for Bookstore Services at the University of Wisconsin-

Stout.

The State as represented by the University of Wisconsin System Administration (UWSA) intends to use the results of this process to award a contract for Bookstore Services on behalf of the University of Wisconsin-Stout identified in this bid document and the University of Wisconsin Board of Regents

1.2 Reasonable Accommodations

REASONABLE ACCOMMODATIONS: The University of Wisconsin System Administration (UWSA) 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 Paul D. Schlough, Procurement Specialist, Senior in representation of the

University of Wisconsin System Administration Office of Procurement at 608-265-0557 (voice).

1.3 Scope

SCOPE: The University of Wisconsin System Administration (UWSA) intends to utilize this bid for (this purchase only or all purchases for a year, etc.) the purchase of Bookstore Services on behalf of the University of Wisconsin-

Stout named in this Bid document.

1.4 Overview of Procuring Agency

OVERVIEW OF PROCURING AGENCY: The University of Wisconsin System Administration performs administrative and executive functions for the University of Wisconsin System and its Institutions.

1.5 Contract Length

CONTRACT LENGTH: It is the intent of the University to commence the resulting contract on or about May 22, 2020. The contract term will be for a one (1) year period from the effective date with four (4) automatic one (1) year extensions. The contract shall be automatically extended unless either party notifies the other in writing one hundred and twenty (120) days prior to the anniversary date.

The University may discontinue this contract, in whole or in part, without penalty at any time due to non-appropriation of funds.

The total contractual length will be five (5) years.

1.6 Method of Award

METHOD OF AWARD: The award will be based upon the highest aggregate commission and guarantee total from the highest responsive, responsible bidder. The award shall be made to the single bidder providing the best commission or maximum annual guarantee which is in the best interest of the University. The University shall determine if the bidder is financially, managerially and operationally capable of providing the required services based on the vendor's response to this bid. Only those vendors determined to be capable and currently operate

Book Store Services shall be considered. Representatives from the University reserve the right to inspect the bidder’s facilities and other operations under the contractor’s management prior to award of this bid.

1.7 Parties to the Contract

PARTIES TO THE CONTRACT: The contract shall be between the State of Wisconsin, Board of Regents of the

University of Wisconsin System doing business as the University of Wisconsin -Stout hereafter referred to as the

"University" and the successful bidder hereafter referred to as the "vendor and/or contractor" for the provision of

Bookstore Services according to the terms set forth herein.

Ms. Malinda Hebert, Assistant Director, Memorial Student Center shall be the representative of the University responsible for the administration of UW-Stout’s contract and referred to herein as "the appropriate campus authority or Campus Contract Administrator".

1.8 Cancellation and Termination

CANCELLATION AND TERMINATION:

The University reserves the right to cancel this contract at any time, for convenience with or without cause.

The University’s normal procedure is to provide ten (10) calendar days written notice of contract breach and unless within ten (10) calendar days such neglect has ceased and arrangements made to correct, the University may cancel the contract by giving sixty (60) days’ notice in writing by registered or certified mail of its intention to cancel this contract.

Should the University breach any terms or provision of this contract, the contractor shall serve written notice on the University setting forth the alleged breach and demanding compliance with the contract. Unless within ten

(10) calendar days after receiving such notice, the allegation shall be contested or such breach shall cease and arrangements be made for corrections, the contractor may cancel the contract by giving sixty (60) days’ notice, in writing, by registered or certified mail of its intention to cancel this contract.

1.9 VendorNet Registration

The State of Wisconsin’s purchasing information and vendor notification service is available to all businesses and organizations that want to sell to the state including the University of Wisconsin System. 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 $25,000 or less. Vendors also may receive e-mail notices of these simplified bid opportunities.

2 Bid Procedures and Instructions

2.1 Method of Bid/Submission

Vendors must submit an original, marked as such, and one copy of all materials required for acceptance of their bid by the deadline shown on the Request for Bid form. Vendors must also submit an Electronic Copy of all Materials on a USB Flash Drive. Submission must be made to:

University of Wisconsin System Administration Office of Procurement Attn.: Paul D. Schlough, Procurement Specialist, Senior Room Number 105 780 Regent Street Madison, WI 53715

Bids must be received by the receptionist in the above office. All bids must be time-stamped in by the University of Wisconsin System Administration Office of Procurement prior to the stated opening time. Bids not so stamped will be considered late, and will not be accepted as a legitimate bid. Receipt of a bid by the State mail system does not constitute receipt of a bid by the University of Wisconsin System Administration Office of Procurement, 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

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 of Wisconsin System finds it necessary to change any of these dates and times it will do so by issuing a supplement to this RFB.

DATE EVENT

Date of issue of the RFB January 14, 2020 Bidder Conference Call January 30, 2020 Site Inspection by appointment January 31, 2020 through February 7, 2020 Bids Due @ 2pm CST February 20, 2020 @ 2pm Public Bid Opening February 20, 2020 @ 2pm UWSA 780 Regent Street, Madison, WI 53715 Room 123 Estimated Intent to Award Date April 1, 2020 Estimated Appeals Time Frame March 2, 2020 through March 9, 2020 Estimated Implementation Period April 1, 2020 through May 21, 2020 Contract Start Date May 22, 2020

Please contact the following for parking arrangements, if needed:

INSTITUTION CONTACT

UW-Stout Malinda Hebert, Assistant Director Memorial student Center University of Wisconsin-Stout Phone: (715) 232-5831 Email: hebertma@uwstout.edu

2.3 Format of Bid

Vendors responding to this RFB must comply with the following format requirements:

2.3.1 Signed Request for Bid Sheet

Include here 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/commissions 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/commissions 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

2.3.2 State of Wisconsin Terms and Conditions

These standard and supplemental terms and conditions shall govern this bid and subsequent award. Vendors must accept these terms and conditions. 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.

2.3.3 Additional Information

Include here the completed Vendor Data Sheet and Vendor Reference Data Sheet 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.

2.3.4 Cost Information

Provide cost information on the Request for Bid sheet or the cost sheets 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.

mailto:hebertma@uwstout.edu

2.5 Incurring Costs

INCURRING COSTS: The State of Wisconsin and University of Wisconsin System (including the Board of Regents of the University of Wisconsin System, its officers, agents and employees) are 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 December 8, 2014 to:

University of Wisconsin System Administration, Office of Procurement Attn: Paul D. Schlough, Procurement Specialist Senior

Room No.105 780 Regent Street

Madison, WI 53715

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 of Wisconsin System Personnel regarding this RFB shall be made through this purchasing section in the University of Wisconsin System Administration (UWSA) Office of Procurement. Violation of this condition may be considered sufficient cause for rejection of a bid, 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: 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 of Wisconsin System Administration Office of

Procurement.

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

3 Bid Acceptance, Evaluation and Award

3.1 Bid Opening

BID OPENING: Bids will be opened on February 20, 2020 at 2pm CST at the University of Wisconsin System Administration Office of Procurement located at 780 Regent Street, Madison, WI 53715 in Room number 126 A&B.

Names of the bidders may be read aloud at that time.

All bids shall REMAIN FIRM for a minimum of ninety (90) days from the date of bid opening

3.2 Bid Acceptance

Bids which do not comply with instruction or are unable to comply with the specifications contained in the RFB may be rejected by the University of Wisconsin System Administration Office of Procurement. The University of

Wisconsin System may request reports on a vendor’s financial stability and if financial stability is not substantiated may reject a vendor’s bid. The University of Wisconsin System Administration Office of Procurement 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 University of Wisconsin System Administration Office of Procurement 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 demonstration 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 and the

University of Wisconsin System.

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 University of Wisconsin System Administration Office of Procurement staff, copies of bids will be available for public inspection 8:30 a.m. to 4:30 p.m. at 780 Regent Street, Madison WI 53715. Vendors should schedule reviews with Paul D. Schlough, Procurement Specialist Senior at 608-265-0557 to ensure that space is available for the review.

3.5 Appeals Process

The appeals procedure applies to only those requests for bids that are greater than $25,000. Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify statutes and Wisconsin Administrative Code provisions that are alleged to have been violated.

The written notice of intent to protest the University of Wisconsin System’s intent to award a contract and a complete written protest must be filed with the President of the University System in care of:

Brent Tilton Director of Procurement

University of Wisconsin System Administration Room No. 105

780 Regent Street Madison, WI 53715 and received in his office no later than five (5) working days after the University of Wisconsin system administration Office of Procurement notices of intent to award are issued.

4 Special Terms and Conditions

4.1 Performance Bond or Irrevocable Letter of Credit

The successful bidder, hereafter referred to as "vendor and/or contractor", shall be required to furnish a performance bond in the amount of one hundred twenty-five thousand dollars ($125,000). Such bond must be furnished upon notification by the University of Wisconsin System Office of Procurement, hereafter referred to as "System Office of Procurement", and prior to contract award.

In lieu of the performance bond, the contractor may provide an irrevocable letter of credit naming the University as beneficiary. The irrevocable letter of credit shall be in the amount specified for the performance bond and the format content required by the University. The performance bond or irrevocable letter of credit shall be furnished by a company licensed to do business in the State of Wisconsin.

The performance bond or irrevocable letter of credit shall be for the entire contract period. If an irrevocable letter of credit is used, the period shall extend one month beyond the contract expiration date. The performance bond or letter of credit shall provide that in the event of non-renewal, the Office of Procurement, and the contractor be notified in writing by the issuer a minimum of sixty (60) days prior to the anniversary of the effective date of the contract.

In the event of non-renewal, the contractor shall provide the University evidence of the new source of surety within twenty-one (21) calendar days after the University's receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract termination.

Failure to provide the bond or irrevocable letter of credit within twenty-one (21) days of notification of award may result in cancellation of contract award.

4.2 Site Visit/Inspection of Premises

Bidders are invited to attend a site Bidder Conference Call on January 30, 2020 at 1:00 PM CST. Conference Dial-In information is as follows:

• Dial-In information for the conference call is as follows:

o Dial-In Number: 1-855-947-8255 o Passcode: 5661325# o Paul Schlough, Procurement Lead will be the Moderator.

Bidders are invited to visit and inspect the project site location completely prior to submitting bid in order to determine all requirements associated with the contract. Failure to inspect adequately shall not relieve the contractor from the necessity of furnishing and installing, without additional cost to the University, any materials and equipment or performing any labor that may be required to carry out the intent of the contract.

Site Inspection may be scheduled by appointment starting on January 31, 202 through February 7, 2020. Please contact Malinda Hebert, Contract Administrator at the phone number/email listed below to schedule Site Inspection appointment

Site Contact:

Malinda Hebert, Assistant Director for Operations Memorial student Center University of Wisconsin-Stout Phone: (715) 232-5831 Email: hebertma@uwstout.edu mailto:hebertma@uwstout.edu

4.3 Excused Performance

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. The expiration date of this contract may be extended for a period of time equal to the time that such default in performance is excused.

4.4 Insurance

The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred related to this contract.

4.4.1 Coverage and Minimum Limits

Coverage Minimum Limits

Worker's Compensation (WC) Statutory Employer's Liability $100,000/500,000/100,000 Coverage (B)

Commercial General Liability (CGL)

General Aggregate incl. prdt/co $2,000,000 Each Occurrence $1,000,000

Automobile Liability (including hired & non-owned) Combined Single Limit $1,000,000

Additional Insured Provision The contractor shall add the Board of Regents of the University of Wisconsin System, Fond du Lac County, Marathon County, Outagamie County, Washington County, Waukesha County, their officers, agents and employees as an additional insured under the commercial general and automobile liability policies.

Remodeling or Renovation The above insurances are required to be in effect during the course of any remodeling, renovation or construction done by or at the direction of the contractor

4.4.2 Certificate of Insurance

Upon notification of award and prior to issuance of a contract, the contractor shall provide the University a certificate of insurance with the required coverage and limits of insurance issued by an insurance company that has an AM Best rating of A- licensed to do business in the State of Wisconsin and signed by an authorized agent.

4.4.3 Commercial General Liability

Commercial General Liability includes, but is not limited to consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of loss of premises, or damage to equipment, products or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

4.4.4 Covenant requiring Notice

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of

Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI 53715, before cancellation, reduction or other modifications of coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

4.4.5 Evidence of New Insurance

In the event of non-renewal, cancellation or expiration of insurance, the contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice. In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice.

4.4.6 University Right to Cancel

In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

4.4.7 Provide Certificate of Insurance

Upon notification of award and prior to issuance of a contract, the contractor (vendor) shall provide the University a Certificate of Insurance with the required kinds and limits of insurance issued by an insurance company licensed to do business in the State of Wisconsin and signed by an authorized agent. Insurance requirements apply to all sub-contractors.

4.4.8 Evidence of New Source(s) of Required Insurance

These policies shall contain a covenant requiring sixty (60) days written notice by the insurer to University of

Wisconsin System Office of Procurement, 780 Regent Street, Madison, WI, 53708, before cancellation, reduction or other modifications of coverage. The contractor shall provide the University evidence of the new source(s) of required insurance within twenty-one (21) calendar days after the University's receipt of the sixty (60) day notice.

The insurance certificate shall be for the initial contract period of one (1) year and shall be extended by the contractor for each subsequent renewal period of the contract. The contractor shall advise each insuring agencies to automatically renew all policies and coverage levels annually.

4.4.9 Contractor Agrees to Indemnify

The contractor agrees to indemnify, defend and hold harmless the Board of Regents of the University of Wisconsin

System, University of Wisconsin-Stout, their officers, employees and agents from and against any and all claims, losses, liability, costs or expenses (hereinafter collectively referred to as "claims") occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operations or performance of work in connection with this contract, but only to the extent that such claims are caused by the negligence, misconduct or other fault of the contractor, its agents, employees, subcontractors or contractors.

4.4.10 Risk of Damage or Loss

Commercial General Liability includes, but is not limited to: consumption or use of products, existence of equipment or machines on location and contractual obligations to customers. The contractor shall bear the full and complete responsibility for all risk of damage or loss of premises, equipment, products, or money resulting from any cause including that of sub-contractors and shall not penalize the University for any losses incurred related to this contract.

4.4.11 University Right to Cancel and Terminate

In the event the contractor fails to maintain and keep in force the insurance herein required, the University shall have the right to cancel and terminate the contract without notice. The contractor shall advise each insuring agency to automatically renew all policies and coverage in force at the start of and resulting from this contract until specified coverage requirements are revised.

4.5 Items Relevant to Bookstore Services

The contractor agrees that items relative to Book Store services which are not covered herein may be added to this bid and resulting contract by the University without voiding the provisions of the existing contract. Additional services shall be furnished to the University by the contractor with additional consideration as needed to make it legally enforceable. The University intends to acquire Book Store services exclusively from the contractor.

4.6 Terms and Obligations Applicable to University Bookstores

The terms and obligations of this contract shall be applicable to Bookstore Services operated at the University, including those locations leased by the University to tenants in which the specified service shall be required.

Lessors of space to the University may reserve the right to determine the extent that the specified service shall be provided under this contract on their premises.

4.7 Performance Success Dependent on User Response

Recognizing that the successful performance of this contract is dependent on favorable response from the users, the contractor shall meet regularly with the Campus Contract Administrator or designee to effect adjustments in operations, and shall cooperate at all times to maintain maximum efficiency and good public relations with students, faculty and staff.

4.8 Process to Adjust Terms

After the initial contract year, the parties upon mutual agreement may adjust the specific terms, commissions or guarantees of this contract where circumstances beyond the control of either party require adjustments. All adjustments shall be proposed in writing by the University to the System Office of Procurement for approval prior to becoming effective. All required contract amendment(s) shall be issued by Office of Procurement.

4.9 Contract/Vendor Financial Responsibilities

The contractor shall be financially responsible for obtaining all required permits, licenses (including parking), and bonds to comply with pertinent Board of Regents/University of Wisconsin System regulations, and municipal, county, state and federal laws, and shall assume liability for all applicable taxes including but not restricted to sales and property.

4.10 Contract/Vendor Required to Furnish

The contractor shall furnish all supplies, equipment, management and labor necessary for the efficient operation of the specified services included in this contract, subsequent extensions and amendments.

4.11 Contractor/Vendor Use of Premises

The contractor shall occupy and use the premises, as defined by the University, only for Book Store Services. The

University shall not guarantee an uninterrupted supply of electricity or heat. The University shall be diligent in restoring service following an interruption. The University shall not be liable for any loss which may result from the interruption or failure of any such utility services.

4.12 University Right to Regulate and Access Bookstore

The University shall have the right to make reasonable regulations on the method of service, opening and closing hours, safety, sanitation, maintenance and use of Book Store Services areas and the contractor agrees to comply with such regulations. Authorized representatives of the University shall have the full right of access to all Book

Store Services areas at any and all times.

5 Technical Requirements

5.1 Bookstore Service Terms

Bookstore Service Requirements:

5.1.1 Contractor Ownership

The contractor shall own all inventories of merchandise and assume complete operation and management of the bookstore at the University. The University runs its own Textbook Rental Program and the contractor will be expected to provide all materials outside of self-operated Textbook Rental Program. The University has the exclusive right to add to discontinue product to the Textbook Rental Program by its own will.

The University Bookstore shall carry textbooks for select courses and supplementary textbook materials, lab books, supplies, etc. for materials not included in the Textbook Rental Program. The contractor shall have the sole and exclusive right, including electronic commerce hyperlinks developed specifically for the UW-Stout campus, to sell new and used textbooks, electronic textbooks, and other merchandise and supplies ordinarily sold in the bookstore. This exclusive right does not include University of Wisconsin System online courses offered by campuses other than UW-Stout Online or items provided or added to the Textbook Rental Program.

The contractor shall not, under the trade name of the University or any other name, either directly or indirectly, during the life of this agreement, within a radius of two (2) miles of the University sell or lease said merchandise and articles hereinabove mentioned, either at retail or wholesale unless commission is paid for those sales. The

University may, however, sell supplies for class projects to students registered in such classes if such items are not available in the bookstore and if the contractor is either unable or uninterested in providing such supplies. The contractor shall develop a link to the campus website and update the website with current policies and procedures, merchandising, and special messages.

5.1.2 University Seal and Logo

The contractor shall have the right to use the University’s seal and logo based on the University’s guidelines and

Identity policy for manufactured goods traditionally sold in college and University bookstores. Contractor’s recognized exclusive rights does not include merchandise and services sold or offered elsewhere within the

University by departments, student organizations, or through other existing arrangements. The following specific contract exceptions to the exclusivity are cited by the University: Athletic Department sponsored sales of emblematic clothing and other emblematic merchandise, Alumni Affairs/Alumni Association sponsored sales of emblematic clothing or other emblematic merchandise, Central Stores sales to University Departments, recognized student organizations clothing or merchandise sales, “The Niche” academic retail store, University Recreation sales, convenience area sales, class related sales, Instructional Resources Services, other exceptions which may or may not currently exist.

5.1.3 University Right to Retain Other Retail Sales Operations

The University, subject to its own discretion, shall retain the right to provide other retail sales operations on campus, as determined by the University and as operated directly or through other contract arrangements.

However, such other retail sales operations will not unreasonably compete with the primary University Bookstore merchandise categories (i.e., textbooks, trade and reference books, supplies, and emblematic items).

5.1.4 Contractor Website , Textbook format, Order Process and Promotion Requirements

The contractor shall provide and maintain a professional website with a separate instance for the University of

Wisconsin Stout that allows for online purchases and orders of textbooks and other materials.

The University of Wisconsin-Stout a Student Information System (SIS). The University of Wisconsin-Stout uses

PeopleSoft as its SIS. The vendor solution must integrate with PeopleSoft without requiring modifications to source code or functionality delivered by Oracle, and the vendor solution must support a multi-tenant SIS implementation.

All formats of a textbook (buy new, buy used, rent new, rent used, e-book, marketplace) shall be offered to students when available.

The website must allow students the option of purchasing or renting textbooks online, or for direct shipment to the student or an existing on-campus bookstore, with the college receiving credit for the sale. The website shall also be used as a means to market campus merchandise and products to students, alumni, parents, prospective students, and others.

The bookstore website and order process must address, but not be limited to, the following elements: ease of ordering, real-time advisement of stock availability, estimated delivery time, customer support information, order acknowledgement, and order tracking.

Approach to student ordering functionality: The capabilities of student ordering functionalities should include at least one of the following solutions, or a comparable solution mutually agreed upon by the prospective provider and the University, to increase ease of ordering:

• A program that allows students to link from the institution’s online registration system directly to a student’s registered courses and the required textbooks.

• A program that allows students to enter a student ID within your online store to see a listing of their registered courses and the required textbooks.

• A program that allows students to select multiple courses they are registered for and the required textbooks.

Vendor will work with individual campus to make all reasonable efforts to address campus reporting needs and to provide reports necessary to campus operations.

The University shall encourage and cooperate with the contractor to promote and merchandise the services and products to the fullest to attract students, faculty and staff to use the bookstore throughout the year.

Upon approval of the University and after advance notice to the contractor, recognized organizations shall be permitted to sell supplies and soft good items in connection with authorized University events such as fund raisers, student picnics, and athletic events.

The University shall determine that which is not objectionable and in the University's best interest regarding all matters of bookstore service and items and publications made available for sale, and the contractor agrees to cooperate with the University on all such matters.

5.1.5 Sale of Food Item Requirements

With prior approval of the Assistant Director for Operations or designee, the contractor may sell food and snack items commonly available through vending and manual food service. At the start of the contract, the contractor shall be permitted to sell candy, gum and snacks products at prices which are comparable to vending and manual service and have prior approval of the University. The contractor shall limit such sales to individual snack size items vs. larger multiple portion packaging. The University shall have the right to interpret whether such items are in conflict with vending or manual food service contracts and make final determination as to their sale. The contractor shall, at the University's option, provide the University with an item sale price list of all food and snack products intended to be sold. All price changes for food and snack products shall be submitted to the University for prior approval.

The University shall determine that which is not objectionable and in the University's best interest regarding all matters of bookstore service and items and publications made available for sale, and the contractor agrees to cooperate with the University on all such matters.

UWSA Contract Administrator must approve all university approved food items to assure compliance with contractual exclusivity assigned under food service and vending contracts in place for UW-Stout.

5.1.6 Demonstrated and Proven Ability

The Contractor for the University shall demonstrate the ability to:

5.1.6.1 Collaborate with Faculty, Students and Administration

Work closely with faculty, students and administration to ensure that textbook orders are handled expeditiously so that books are shelved and ready in time for each rush period.

5.1.6.2 Process Issue Resolution

Deal immediately with problems of late orders, out-of-stocks, out-of-print and other problems to keep these problems to an absolute minimum.

5.1.6.3 Communication Ability

Communicate closely and continuously with faculty and administration so that a well-coordinated and cooperative approach to problem solving is ensured.

5.1.6.4 Bookstore Operation

Provide an attractive store, competitively stocked and marketed, with a departmentalized approach to marketing merchandise and supply items. It is expected the contractor shall strive for the creation of an attractive array of merchandise which will make shopping in the store an enjoyable experience and complement additional auxiliary services on campus.

5.1.6.5 Bookstore and University Relationship Management

Provide aggressive business management in maintaining a quality bookstore operation which is responsive to the needs of the University. Understanding the bookstore is vital to the University, both functionally and environmentally, the contractor shall demonstrate the ability to deal with University needs while aggressively pursuing the continued development of a highly valued campus resource.

5.1.7 Desk Copies

Faculty and departments shall be responsible for securing desk copies from the publisher as needed.

5.1.8 Bookstore Operational Procedures

The following operational procedures shall be observed for effective service and operation of the bookstore:

5.1.8.1 Order Receipt Requirements

The bookstore must receive textbook and material orders by October 31 for second semester use and by March 31 for summer session and fall semester use.

5.1.8.2 Submission of Composite Textbook List

Each campus department or University designee shall be responsible for submitting a composite textbook list to the bookstore no later than October 31 and March 31 each year.

5.