RFB 17-100-15.doc

State of Wisconsin

Wis. Statutes s.16.75

DOA-3070 (R05/2014)

BIDS MUST BE SEALED & ADDRESSED TO:

Remove from bidder list for this commodity/service. (Return this page only.)

Wisconsin State Fair Park

Purchasing Department 7722 W Greenfield Avenue West Allis, WI 53214

(414) 266-7012

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 the 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 # 17-100-15

THIS IS NOT AN ORDER

BIDDER (Name and Address)

Bids MUST be in this office no later than fillin "Date and time"

Name (Contact for further information)fillin "Contact Person"

Marty Kowalski

fillin "Date"

Quote Price and Delivery FOBfillin "F.O.B /Destination"

7722 W Greenfield Avenue, West Allis, WI 53214

Fax bids are not accepted

Item

No.

Quantity and Unit

Per Unit Total

Bleacher and Bench Rental for the Wisconsin State Fair Park for the Period 06/01/17 through 05/31/18.

We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.

We claim disabled veteran owned business bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Disabled Veteran Owned Businesses. Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (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) 266-5462.

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.

Unknown No Yes

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.

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

INSTRUCTIONS TO BIDDERS

You received this Request for Bid (RFB) because of the NIGP codes selected during your registration on the State of Wisconsin’s VendorNet system. If you received this RFB in any other way, please contact the purchasing agent identified in this RFB. You should also register to become a Bidder at: http://vendornet.state.wi.us. This RFB contains all necessary statutory language required by law. It is organized to help you determine if this is a business opportunity for your company. The RFB contains information regarding what the State intends to purchase, how pricing should appear and describes a clear process you must follow in order to submit a response to the RFB.

1.

Review Section 1.0, “Introduction and Purpose” to gain a general understanding of what the State intends to purchase. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

2.

Review Section 2.0 “Bidder Qualifications and Requirements” section. This section will explain what a company needs in order to provide the commodity or service. This may include a specific license or certification, a history of providing this commodity or service in a similar environment to the State or for you to be in a prescribed geographical location. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

3.

The details of the commodity or service will be found in Section 3.0, “Mandatory Required Specifications of Bid.” Read this section carefully and determine if your product meets ALL requirements. RFB requirements are mandatory and therefore, if you can’t meet a requirement, it is likely that your Bid will be rejected unless no Bidder can meet an individual RFB requirement. Reviewing this section will help you determine your ability to meet the Procuring Agency’s needs.

4.

Review Section 5.0, “Pricing Structure and Price Sheet.” This section explains how to submit Bid pricing (which is critical because the Bid pricing will determine what Bidder(s) will be allowed to enter into a Contract with the State).

5.

The remaining sections of the RFB describe the process you must follow and the way you must present your Bid to the State. It also describes the process the State will use to determine the winning Bidder. If you decide to bid, be sure to review the “Bid Procedure and Instructions” section and the “Bid Acceptance and Award” section.

6.

If you are still interested in competing for the State’s business, you should provide your best pricing, and complete all the required forms.

7.

Please note, your Bid response must be complete and accurate. You must follow all instructions exactly as asked. DO NOT substitute your own materials in lieu of what is being asked in the RFB. DO NOT alter any of the forms or the price sheet. If you have questions, contact the Procurement Manager identified in the RFB.

8.

Your RFB response must arrive at the proper location before the due date and time. Late Bids will be rejected.

Thank you for your interest in providing commodities and/or services to the State. We wish you success with this and future procurement opportunities.

TABLE OF CONTENTS

31.0 INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

1.3

CONTRACT TERM

1.4 MODIFICATIONS OF CONTRACT

1.5

ORDER OF PRECEDENCE

1.6

COOPERATIVE PURCHASING SERVICES

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

3.1

TECHNICAL REQUIREMENTS

4.0

SPECIAL TERMS AND CONDITIONS OF BID

4.1

ORDERS

4.2

DELIVERY REQUIREMENTS

4.3

BACKGROUND CHECKS

4.4

FRATERNIZATION/AGENCY WORK RULES

4.5

PAYMENT TERMS

4.6

CANCELLATION AND TERMINATION

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

5.1

METHOD OF BID

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

6.3

REASONABLE ACCOMMODATIONS

6.4

VENDORNET REGISTRATION

6.5

SUBMITTING A BID

6.6

FORMAT OF BID RESPONSE

6.7

MULTIPLE BIDS

6.8

INCURRING COSTS

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

7.2

BID REVIEW

7.3

BID ACCEPTANCE

7.4

METHOD OF AWARD

7.5

BIDDER REFERENCES/CLIENT LIST

7.6

USE OF SUBCONTRACTORS

7.7

SUPPLIER DIVERSITY

7.8

AWARD NOTIFICATION

8.0

REQUIRED FORMS

1.0 INTRODUCTION AND PURPOSE

1.1

DEFINITIONS

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

1.2

PURPOSE AND SCOPE OF THE REQUEST FOR BID

The Wisconsin State Fair Park (WSFP), requests Bids for the purchase of services for Bleacher and Bench Rental, and intends to use the results of this process to award a Contract. The Wisconsin State Fair Park (WSFP) does not guarantee it will purchase any specific quantity or dollar amount. Bids that require a minimum number of commodities or services be ordered will be rejected. There will be no guarantee to purchase any specific quantity, or pay any minimum contract price during the term of the Contract.

Each Lot will describe the estimated quantity that will be needed for the annual state fair. This year the state fair will be on August 3rd to 13th.

Lot 1 - describes the estimated quantity for bleachers that is used Pig Races, placed on asphalt and traffic bond.

Lot 2 - describes the estimated quantity for concert bench units that is used for the Family Variety Stage, placed on asphalt.

Lot 3 – describes the estimated quantity for the Canine Experience and Swine Barn, placed on asphalt.

Lot 4 – describes the estimated quantity for the Sea Lion Splash, placed on asphalt.

The person responsible for managing the procurement process will be:

Marty Kowalski Purchasing Manager Martin.Kowalski@wistatefair.com Phone: (414) 266-7012 1.3

CONTRACT TERM

This Contract will run for an initial period from June 1, 2017 through May 31, 2018. WSFP and the Contractor, upon written mutual agreement, may renew the Contract for up to an additional three (3), one - year periods. The Contract shall be effective on the date it is executed by WSFP. If no formal Contract is executed, the effective date of the Contract is the date of the purchase order.

The RFB documents, the awarded Bidder’s response as accepted by the WSFP and any purchase order related to this RFB shall become the Contract between the parties unless a separate Contract is executed.

1.4 MODIFICATIONS OF CONTRACT

The Contract must not be used for purchasing commodities or services outside of the general scope and intent of the original Request for Bid. Any modifications made to the Contract must fall within the scope of the Bid and be rendered in writing and signed by both parties or they will be void.

1.5

ORDER OF PRECEDENCE

In the event of Contract award, the contents of this RFB (including all attachments), RFB addenda and revisions, the Bid response from the successful Bidder as accepted by WSPF, and any additional terms agreed to in writing by the parties shall be incorporated into the Contract. Failure of the successful Bidder to accept these elements into the Contract will result in the cancellation of the Contract award.

In the event of conflict with the incorporated elements of the Contract, the following order of precedence will prevail:

· Official Purchase Order

· Final Signed Contract with clarifications included

· Bid Response as accepted by the Wisconsin State Fair Park

· Request for Bid, including all amendments, appendices, and attachments 1.6

COOPERATIVE PURCHASING SERVICES

Commodities and services may be made available to Municipalities upon agreement of the Contractor. See Vendor Agreement-Wisconsin’s Cooperative Purchasing Services (DOA-3333), for definitions and other information on Municipalities. Municipalities must be able to obtain the commodities and services procured under the Contract at the same rates agreed to by WSFP and the Contractor. The Contractor shall be responsible for confirming the status of potential Municipalities with WSFP and providing appropriate documentation and support and reporting Contract usage by Municipalities (see Vendor Agreement – Wisconsin’s Cooperative Purchasing Services, DOA-3333 attached to this RFB).

2.0

BIDDER QUALIFICATIONS & REQUIREMENTS

All Bidder qualifications in this section are mandatory. Failure to meet a qualification will disqualify your Bid. However, WSFP reserves the right to waive any qualification if no Bidder is able to satisfy that qualification.

2.1 Before the award of any Contract, WSFP shall be satisfied that the Bidder has sufficient qualified resources available for performing the work described in this Bid. It is the Bidder’s responsibility to acquaint WSFP with these qualifications by submitting appropriate or supporting documentation.

2.2 Bidder shall currently be in business supplying Bleacher or Bench Rentals similar in size and scope of this Bid for a minimum period of two (2) years prior to the submittal of this RFB.

3.0

MANDATORY REQUIRED SPECIFICATIONS OF BID

All requirements in this section are mandatory. The following requirements must be met at no additional cost above the pricing provided in the Bid. All Specifications are defined as minimum mandatory requirements unless otherwise stated.

Failure to meet any mandatory requirement will result in rejection of the Bid. However, in the event that no Bidder is able to meet an individual mandatory requirement, WSFP reserves the right to continue the review of Bids and to select the Bid that most closely meets the requirements specified in this RFB.

The Wisconsin State Fair Park is soliciting bids for the Rental of Bleacher units and Concert bench units. This includes the set-up, tear-down, and delivery of the bleacher or bench units.

3.1

TECHNICAL REQUIREMENTS

Annual State Fair:

The annual State Fair time period will be defined as the 3 days prior and 3 days after the 11-day State Fair event. All bleacher and bench units must be installed no later than the Monday before the annual state fair and removed no later than the Wednesday after the state fair.

Bleacher Specifications:

3.1.1 Bleachers must be aluminum, galvanized steel, or wood. Bleachers to be assembled immediately upon arrival.

3.1.2 Guardrails should be present on the backs and portions of the open ends of bleachers where the footboard, seat board, or aisle is 30 inches or more above the floor or ground below. All rails shall be secured to supports. Top rail on back sides shall be 42” above nearest seat. Vertical aisle with handrail as required by codes.

3.1.3 Components, fasteners, and systems are to be present and in proper working condition, and should not be broken, damaged or badly deteriorated.

3.1.4 Materials should be able to withstand environmental elements to which they are exposed. All bleachers are placed outdoors

3.1.5 The Bleacher/Benches shall have standard 2”x10” seat planks.

3.1.6 Units with accessible seating must have an open, level space that accommodates persons using wheelchairs and has a smooth, stable, and slip-resistant surface. Accessible seating should be an integral part of the seating plan so that people using wheelchairs are not isolated from other spectators or their friends or family.

3.1.7 All bleachers to be International Building Code (IBC) code compliant.

Concert Bench Unit Specifications:

3.1.8 Concert benches must be aluminum, galvanized steel, or wood. Benches to be assembled immediately upon arrival.

3.1.9 Components, fasteners, and systems are to be present and in proper working condition, and should not be broken, damaged or badly deteriorated.

3.1.10 Materials should be able to withstand environmental elements to which they are exposed. All benches are placed outdoors.

3.1.11 The benches shall have standard 2”x10” seat planks.

3.1.12 All benches to be International Building Code (IBC) code compliant.

Product Requirements, by Lot:

LOT 1- PIG RACES

Qty 1: Bleacher Unit- 16 rows tall by 60 feet long

Qty 1: Bleacher Unit- 13 rows tall by 60 feet long

Qty 1: Bleacher Unit- 16 rows tall by 30 feet long

Qty 1: Bleacher Unit- 16 rows tall by 42 feet long

Bleachers will be placed on asphalt and traffic bond. Any bleachers with ADA accessibility are preferred, but not required.

LOT 2- FAMILY VARIETY STAGE

Qty 7: Concert Bench Unit- 18 feet long

Benches will be placed on asphalt.

LOT 3- CANINE EXPERIENCE & SWINE BARN

Qty 1: Bleacher Unit- 10 rows tall by 36 feet long, to include (1) accessible seating area

Qty 1: Bleacher Unit- 10 rows tall by 54 feet long

Bleachers will be placed on asphalt.

LOT 4- SEA LION SPLASH

Qty 1: Bleacher Unit- 19 rows tall by 54 feet long

Qty 1: Bleacher Unit- 10 rows tall by 30 feet long, to include (1) accessible seating area Bleachers will be placed on asphalt.

Performance Clause

Bleachers and benches for the 2017 WI State Fair MUST be placed and completely installed lo later than 8:00 PM CDT on Monday, July 31, 2017. Bleachers and benches for the 2017 WI State Fair MUST be removed between Monday, August 14, 2017, and Tuesday, August 15, 2017. Contractor agrees that these installation and removal deadlines are reasonable, and contractor shall forfeit 50% of the contracted price as liquidated damages in the event both deadlines are not met.

4.0

SPECIAL TERMS AND CONDITIONS OF BID

WSFP reserves the right to negotiate these terms and conditions when it is in the best interest of the WSFP to do so. The Bidder shall not submit its own contract document as a substitute for the State’s Special Terms and Conditions.

Bidders must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. WSFP may or may not consider any of the Bidder’s suggested revisions. Any changes or amendment to any of the terms and conditions will occur only if the change is in the best interest of the WSFP.

4.1

ORDERS

The final order (quantity) and locations will be provided to the selected contractor on or before July 1st each year for the annual State Fair. For other events, WSFP will provide at least 3 days notice, whenever possible.

4.2

DELIVERY REQUIREMENTS

Delivery requirements are as follows: The units for the annual state fair, should be in position the Monday before the fair starts. This year’s annual state fair is August 3rd – August 13th, 2017. For other events delivery/setup should be done as soon as possible after notification of the event needs. Failure to accept this delivery requirement may disqualify the Bid.

4.3

BACKGROUND CHECKS

Due to the nature of this solicitation, the Procuring Agency reserves the right to conduct background checks on the organization, its officers and employees, and subcontractors, if applicable in order to determine whether any conviction exists that is substantially related to the solicited commodity or service, or if such conviction may otherwise adversely affect the Bidder’s ability to perform under the resulting Contract. The WSFP is the sole determinant of whether the results of a background check(s) will negatively impact the Contractor’s ability to meet contractual obligations and requirements.

4.4

FRATERNIZATION/AGENCY WORK RULES

All Contractors and their subcontractors (if applicable) working on-site are subject to departmental rules. A copy of these rules may be obtained by written request to the WSFP Procurement Manager identified in the RFB.

4.5

PAYMENT TERMS

Invoices will be sent to the Accounts Payable Department at: 7722 W Greenfield Aveue, West Allis, WI 53214.

Invoices will be paid, under the State of Wisconsin Prompt Payment Law – Wisconsin Statute 16.528. Payments are considered timely, if they are mailed within 30 days after the later of the receipt of a properly completed invoice or receipt of the goods or services.

4.6

CANCELLATION AND TERMINATION

4.6.1

TERMINATION FOR CAUSE

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

The Contractor may terminate this Contract after providing the State one hundred and twenty (120) calendar days notice of the State’s right to cure a failure of the State to perform under the terms of this Contract.

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

4.6.2

TERMINATION FOR CONVENIENCE

Either party may terminate this Contract at any time, without cause, by providing a written notice; the State by providing at least thirty (30) calendar days notice to the Contractor, and the Contractor providing at least one hundred and twenty (120) calendar days notice to the State in advance of the intended date of termination.

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

4.6.3

CONTRACT CANCELLATION

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

· Fails to perform any material obligation required under the Contract

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

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

· Makes an assignment for the benefit of creditors

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

· Incurs a delinquent Wisconsin tax liability

· Fails to submit a non-discrimination or affirmative action plan as required in the Standard Terms and Conditions (DOA-3054)

· Fails to follow the non-discrimination or affirmative action requirements of subch. II, Chapter 111 of the Wisconsin Statutes (Wisconsin’s Fair Employment Law)

· Becomes a federally debarred Contractor

· Is excluded from federal procurement and non-procurement contracts

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

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

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

5.0

PRICING STRUCTURE & PRICE SHEET INSTRUCTIONS

Bids must be submitted on Attachment A - Price Sheet.

5.1

METHOD OF BID

The Bidder must submit a unit price for each item specified . The Extended Price will automatically be calculated. Bidders are not required to bid on all lots, however they must bid on all items for each lot bid. Prices must be in U.S. dollars. In the event of errors in calculation, unit price shall prevail. Each unit price shall include delivery, set up and removal.

For any lot the bidder is not interested in, an “X” should be placed in the Price column.

6.0

BID PROCEDURE AND INSTRUCTIONS

6.1

CALENDAR OF EVENTS

Listed below are important dates and times by which actions related to this Request for Bid must be completed. In the event that the Procuring Agency finds it necessary to change any of these dates and times (except estimated dates and times), it will do so by posting an amendment to this RFB on VendorNet.

6.2

CORRESPONDENCE, CLARIFICATIONS AND QUESTIONS

Bidders are expected to raise any questions, exceptions, or additions they have concerning the RFB document by the date questions are due in the Calendar of Events, Section 6.1.

If at any time prior to the bid due date, a Bidder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB, the Bidder must immediately notify the Wisconsin State Fair Park representative named below of the issue in writing and request modification or clarification of the RFB document.

Email is the preferred method of written contact: Please email to: Martin.Kowalski@wistatefair.com.

All communication and/or questions on all matters regarding this Bid must be made in writing and refer to Request for Bid # 17-100-15 and be directed to Marty Kowalski.

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 (http://vendornet.state.wi.us), with copies sent directly to all bidders known to have received a copy of the bid.

All contact or communication with any employee or officer of the Wisconsin State Fair Park concerning this RFB, except the Procurement Manager or designee, is strictly prohibited during the period from the date this RFB is released until the date the notice of intent to award is issued. The Procurement Manager may authorize in writing; contact or communication with another state employee or officer as circumstances may dictate. Prospective Bidders who hold a current Contract with the WSFP may continue to communicate with the Procuring Agency Contract Administrator regarding the performance of that current Contract only.

6.3

REASONABLE ACCOMMODATIONS

Upon request, the Wisconsin State Fair Park must provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with a disability. If accommodations are needed, please contact: Marty Kowalski, (414) 266-7012, Martin.Kowalski@wistatefair.com.

6.4

VENDORNET REGISTRATION

Registration on the State of Wisconsin’s VendorNet System (http://vendornet.state.wi.us) is available free of charge to all businesses and organizations that wish to sell commodities and services to the State. By registering on VendorNet, a Bidder may register for a bidders list for any commodity or service the Bidder is interested in providing to the State. VendorNet also provides automatic email notification each time a Procuring State Agency, including University of Wisconsin System campuses, posts a Request for Bid with an estimated value over $50,000 in their designated commodity and or service area(s). Only registered Bidders with a valid email address at the time an RFB is posted will receive email notifications of amendments. Bidders who obtain the RFB from a third party, through the State of Wisconsin Public Notices website or by any other means assume responsibility for checking for updates to the RFB.

6.5

SUBMITTING A BID

Bids may be submitted by hard copy, or via e-mail. See the corresponding submission instructions below:

HARD COPY

Bidders must submit an original signed Bid, marked as stated below, and all materials required for acceptance of their Bid by the deadline shown on the Request for Bid (DOA-3070) form to:

Wisconsin State Fair Park

Attn: Marty Kowalski

7722 W Greenfield Avenue

West Allis, WI 53214

All Bids must be received and time-stamped at the above location no later than May 18, 2017 at 2 PM CDT. Bids not time-stamped will be considered late and rejected. Receipt of a Bid by the State mail system does not constitute receipt of a Bid by the Wisconsin State Fair Park Purchasing Office.

All Bids must be packaged, sealed in a box or envelope and clearly marked with the following information on the outside of the package:

[BIDDER NAME AND ADDRESS]

Bleacher and Bench Rental

RFB NUMBER – 17-100-15

May 18, 2017, 2 PM If delivering bids by hand, be aware that Wisconsin State Fair Park has multiple office buildings on the fair grounds. The Bid must be delivered to the Business Office Building at 7722 W. Greenfield Avenue in West Allis. Any Bid that is hand delivered to any other office building on the fair grounds, will be rejected.

WSFP is not responsible for deliveries that do not reach the Business Office Building by the required due date and time.

E-MAILED BIDS

An emailed Bid MUST be received by the WSFP Purchasing Office prior to the Bid opening due date and time, as shown on the Request for Bid.

All required documents and attachments shall be included with the bid response. Bid responses must be emailed to martin.kowalski@wistatefair.com. Submitting a Bid to any other email address does not constitute receipt of a Bid by WSFP Purchasing. Bidders shall include the subject line: “BID RESPONSE, RFB 17-100-15.”

It is the Bidder’s responsibility to verify that the emailed Bid has been timely received and delivered to the Procuring Agency by the Bid opening date and time. The Procuring Agency is not responsible for late receipt of a Bid, regardless of the reason for the delay. Proof of transmission does not constitute proof of receipt.

FAX

Faxed bids will not be accepted.

6.6

FORMAT OF BID RESPONSE

The following is a list of forms pertaining to this RFB. Please return these forms, in the following order:

The following terms and conditions do not need to be returned:

Specific Document Instructions are as follows:

Signed Request for Bid Sheet: Include the signed Request for Bid sheet (DOA-3070, front page of this document) with the bid and those certifications required for submittal of a bid. Bids submitted in response to this RFB shall 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. DO NOT COPY AND RETURN THE ENTIRE BID DOCUMENT.

By submitting a signed bid, the vendor's signatories certify that in connection with this procurement: (a) the vendor's organization or an agent of the vendor's organization has arrived at the prices in its bid without consultation, communication or agreement with any other respondent or with any competitor for the purpose of restricting competition, (b) the prices quoted in the bid have not been knowingly disclosed by the vendor's organization or by any agent of the vendor's organization and shall 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 shall 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.

State of Wisconsin Standard Terms and Conditions (DOA-3054) and State of Wisconsin Supplemental Standard Terms and Conditions for Procurements for Services (DOA-3681) (herein after Terms and Conditions): These Terms and Conditions shall govern this Bid and subsequent award. Vendors must accept these Standard and Supplemental Terms and Conditions or submit point-by-point exceptions along with proposed alternate or additional language for each point. Submission of any standard vendor Contracts as a substitute for language in the Terms and Conditions is not a sufficient response to this requirement and may result in rejection of the vendor's proposal. The State reserves the right to negotiate contractual Terms and Conditions other than those in the State of Wisconsin Contract when it is in the best interest of the State to do so.

Additional Information: Include the completed Vendor Information sheet (DOA-3477) and Vendor Reference sheet (DOA-3478) and any other forms required in the bid. Include all additional information that shall 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.

Price Information: Provide price information on the Price Sheet, Attachment A, included in this RFB. All prices for furnishing the product(s) and/or service(s) included in the bid in accordance with the terms and conditions in this RFB shall be included. No alternate price formats will be accepted. Alternate price formats may eliminate consideration for this bid.

6.7

MULTIPLE BIDS

Multiple Bids are Not permitted.

6.8

INCURRING COSTS

Neither the State of Wisconsin nor the Wisconsin State Fair Park is liable for any costs incurred by the Bidder in responding to this RFB.

7.0

BID ACCEPTANCE AND AWARD

7.1

BID OPENING

A public Bid opening will be held on May 18, 2017 at 2:00 PM at Wisconsin State Fair Park Business Office, 7722 W. Greenfield Avenue in West Allis. The names of all Bidders may be read aloud at that time.

7.2

BID REVIEW

All Bids will be reviewed by the Wisconsin State Fair Park’s Procurement Manager to ensure compliance with submittal requirements. WSFP shall be the sole judge as to Bidders’ compliance with the Bid instructions.

7.3

BID ACCEPTANCE

Bids that do not comply with Mandatory Requirements or Mandatory Specifications will be rejected. Bids that do not comply with Special Terms and Conditions of Bid may be rejected. Wisconsin State Fair Park in its sole discretion retains the right to accept or reject any or all Bids, or accept or reject any part of a Bid, if deemed to be in the best interest of the State.

7.4

METHOD OF AWARD

The Bid Award will be made on the basis of the lowest responsive, responsible Bidder, by Lot. Prices Bid must be in US dollars. Bids that require a specific quantity or dollar amount will be disqualified. In the event of Bidder error in calculation, unit price shall prevail in award.

The Wisconsin State Fair Park intends to award to ONE OR MULTIPLE Bidders, whichever is judged to be in the best interest of the State. The State is the sole determinant of its best interests.

Award(s) shall be based on Total for each Lot, defined as grand total of all extended prices.

7.5

BIDDER REFERENCES/CLIENT LIST

The Bid response must include a completed Bidder Reference Form (DOA-3478) listing at least three (3) names or companies with whom the Bidder has done business similar in size and scope as required by this RFB within the last two (2) of years. For each organization listed, the Bidder must include the company name, address, contact person, email address and telephone number along with a brief description of the product or service that formed the basis of the business relationship. WSFP will determine which references to contact in order to assess the quality of the product or service.

7.6

USE OF SUBCONTRACTORS

The Contractor will be responsible for the contract performance of its subcontractors. The Contract will be between the Wisconsin State Fair Park and the awardee. The Contractor will be responsible for its subcontractors’ performance of the pertinent contract obligations including related Specifications, insurance requirements and applicable regulations. The Bidder must identify any potential subcontractor it intends to use to provide the product or service it will provide if awarded the Contract. All subcontractors must be approved in writing by the Wisconsin State Fair Park. Any proposed substitution of an approved subcontractor must be submitted in writing to the Wisconsin State Fair Park 30 days prior to implementation of the substitution, and include the substitute’s qualifications, the reason for the change, and the intended effective date of the substitution. Failure to notify the Procurement Department may result in cancellation of the Contract without notice and without penalty to the State.

7.7

SUPPLIER DIVERSITY

7.7.1

MINORITY-OWNED BUSINESS ENTERPRISE

Minority-owned business enterprises (MBEs) 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 MBEs in the State's purchasing program. Wisconsin statutes provide for a permissive 5% price preference for certified MBEs that compete for State Contracts. This means that State agencies may make an award to the MBE submitting the lowest qualified bid when that qualified Bid is not more than 5% higher than the apparent low Bid. (A MBE Bidder preference will not be considered on a printing or stationery procurement.) Policy provides that MBEs should have the maximum opportunity to participate in the performance of its Contracts. The Contractor is strongly urged to use due diligence to further this policy by awarding subcontracts to MBEs or by using such enterprises to provide commodities and services incidental to this agreement.

The Contractor shall furnish appropriate quarterly information about its efforts, including the identities of such businesses certified by the Wisconsin Supplier Diversity Program, their contract amount, and spend for each period to the Procuring Agency.

A listing of certified MBEs, as well as the services and commodities they provide, is available at: https://wisdp.wi.gov/search.aspx.

7.7.2

VETERAN-OWNED BUSINESS

The State Bureau of Procurement 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 must complete a Veteran-owned Business Request for Certification form (WDVA 1037). Contact the DVA at: http://dva.state.wi.us There is no price preference for certified VBs that compete for State Contracts.

7.7.3

DISABLED VETERAN-OWNED BUSINESS

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.

7.7.4

WOMAN-OWNED BUSINESS ENTERPRISE

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.

7.8

AWARD NOTIFICATION

All Bidders who respond to this RFB with a Bid shall be notified in writing of the Agency’s intent to contract.

8.0

REQUIRED FORMS

The following is a list of forms pertaining to this RFB. Please return these forms, in the following order:

The following terms and conditions do not need to be returned: